******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************





                         Before the
              FEDERAL COMMUNICATIONS COMMISSION
                   Washington, D.C. 20554


In the Matter of

Califormula Broadcasting      )
1690 Frontage Road            )         NAL/Acct No.  
200132940001
Chula Vista, California  91911          )          Case No. 
EB-00-SD-248

                              
                              
         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

    Adopted: October 13, 2000             Released: October 
                           13, 2000
By the Enforcement Bureau: San Diego District Office


                      I.   INTRODUCTION

1. In this Notice of Apparent Liability for Forfeiture 
   ("NAL"), we find that Califormula Broadcasting 
   (Califormula) has apparently violated Section 301 of the 
   Communications Act of 1934 (``Act''), as amended1, by 
   operating an unlicensed Private Microwave radio station 
   without Commission authorization. We conclude that 
   Califormula is apparently liable for a forfeiture in the 
   amount of ten thousand dollars ($10,000).


                       II.  BACKGROUND

2. On February 17, 2000, the FCC's San Diego District Office 
   received a complaint alleging that a Mexican FM Broadcast 
   radio station, known as XLNC1 Tijuana, was causing 
   interference to the reception of FCC licensed FM 
   Broadcast Radio station KPFK Los Angeles.

3. On February 22, 2000, from examining the Califormula's 
   internet WebPages, Califormula operated two Mexican FM 
   Broadcast stations; XLNC1 and XHITZ-FM, both located in 
   Tijuana, BN.  Also, the studios and business offices for 
   these radio stations were located at 1690 Frontage Road, 
   Chula Vista, California.

4. On July 25, 2000, an agent from the FCC's San Diego 
   District Office contacted Califormula staff by telephone 
   and asked where the studio of XLNC1 was located.  This 
   telephone conversation confirmed that the studio for 
   XLNC1 and XHITZ-FM was located at 1690 Frontage Road, 
   Chula Vista, California.

5. On July 26, 2000, two agents from the FCC's San Diego 
   District Office inspected the studio facilities of at 
   1690 Frontage Road, Chula Vista, California.  Also, an 
   interview was conducted with Mr.Victor Diaz, owner and 
   manager of the Califormula.  Mr. Diaz indicated that the 
   program material for XHITZ-FM was being transmitted 
   across the border by a Private Microwave radio station on 
   frequency 23225 MHz.  An inspection of the microwave 
   transmitter was conducted.

6. Mr. Diaz provided the FCC agents a copy of a FCC 
   authorization for a Private Microwave radio station using 
   frequency 23225 MHz.  However, the location for that 
   transmitter was 1229 Third St., Chula Vista, California 
   and granted under the name Noventa FM 90, Inc.  No FCC 
   authorization to operate any Private Microwave radio 
   station from the 1690 Frontage Road, Chula Vista, 
   California site for Califormula could be found.  A 
   subsequent search of FCC records revealed no 
   authorization had been issued.


                    III.      DISCUSSION

7. On July 25, 2000, Califormula was operating an 
   unauthorized Private Microwave radio station on 23225 MHz 
   at the studio location of XHITZ-FM at 1690 Frontage Road, 
   Chula Vista, California. 

8. Califormula was in violation of Section 301 of the 
   Communications Act of 1934, as amended2, which in part 
   states that, ``No person shall use or operate any 
   apparatus for the transmission of energy or 
   communications or signals by radio...''  ``..except under 
   and in accordance with the Act and with a license in that 
   behalf granted under the provisions of this Act.''  
   Despite verbal warnings given to Mr. Victor Diaz on July 
   26, 2000, Califormula continues to operate the Private 
   Microwave radio station at 1690 Frontage Road, Chula 
   Vista, California.

9. Based on the evidence before us, we find that since July 
   25, 2000, Califormula has willfully3 and repeatedly 
   violated Section 301 of the Act, as amended4, by 
   operating radio transmission apparatus without a 
   Commission authorization.

10.  Pursuant to Section 1.80 of the Rules, Guidelines for 
   Assessing Forfeiture, the base forfeiture amount for 
   operating a radio station without an authorization is ten 
   thousand dollars ($10,000)5.   In assessing the monetary 
   forfeiture amount, we must also take into account the 
   statutory factors set forth in Section 503(b)(2)(D) of 
   the Communications Act of 1934 (``Act''), as amended, 
   which include the nature, circumstances, extent, and 
   gravity of the violation(s), and with respect to the 
   violator, the degree of culpability, any history of prior 
   offenses, ability to pay, and other such matters as 
   justice may require.6 Applying the Policy Statement and 
   statutory factors to the instant case, we believe that a 
   monetary forfeiture of ten thousand dollars ($10,000) is 
   warranted for the violation. 


                    IV.  ORDERING CLAUSES

   11.    Accordingly, IT IS ORDERED THAT, pursuant to 
   Section 503(b) of the Act,7 and Sections 0.111, 0.311 and 
   1.80 of the Commission's Rules,8 Califormula Broadcasting 
   is hereby NOTIFIED of their APPARENT LIABILITY FOR A 
   FORFEITURE in the amount of ten thousand dollars 
   ($10,000) for violating Section 301 of the Act9.

   12.    IT IS FURTHER ORDERED THAT, pursuant to Section 
   1.80 of the Rules, within thirty days of the release date 
   of this NOTICE OF APPARENT LIABILITY, Califormula 
   Broadcasting SHALL PAY the full amount of the proposed 
   forfeiture or SHALL FILE a written statement seeking 
   reduction or cancellation of the proposed forfeiture.

   13.    Payment of the forfeiture may be made by credit 
   card through the Commission's Credit and Debt Management 
   Center at (202) 418-1995 or by mailing a check or similar 
   instrument, payable to the order of the Federal 
   Communications Commission, to the Forfeiture Collection 
   Section, Finance Branch, Federal Communications 
   Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.  
   The payment should note the NAL/Acct. No. 200132940001

   14.    The response if any must be mailed to Federal 
   Communications Commission, 4542 Ruffner St., Suite 370, 
   San Diego, CA 92111-2216 and must include the NAL/Acct. 
   No. 200132940001.

   15.    The Commission will not consider reducing or 
   canceling a forfeiture in response to a claim of 
   inability to pay unless the petitioner submits: (1) 
   federal tax returns for the most recent three-year 
   period; (2) financial statements prepared according to 
   generally accepted accounting practices; or (3) some 
   other reliable and objective documentation that 
   accurately reflects the petitioner's current financial 
   status.  Any claim of inability to pay must specifically 
   identify the basis for the claim by reference to the 
   financial documentation submitted.

   16.    Requests for payment of the full amount of this 
   Notice of Apparent Liability under an installment plan 
   should be sent to: Chief, Credit and Debt Management 
   Center, 445 12th Street, S.W., Washington, D.C. 20554.10

   17.    IT IS FURTHER ORDERED THAT this Notice shall be 
   sent, by certified mail, return receipt requested, to 
   Califormula Broadcasting, 1690 Frontage Road, Chula 
   Vista, California 91911.


                         FEDERAL COMMUNICATIONS COMMISSION



                         William R. Zears Jr.
                         District Director
                         San Diego District Office
_________________________

1 47 U.S.C. § 301.
2 47 U.S.C. § 301.
3 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which 
applies to Section 503(b) of the Act, provides that ``[t]he 
term `willful', when used with reference to the commission 
or omission of any act, means the conscious and deliberate 
commission or omission of such act, irrespective of any 
intent to violate any provision of this Act ....''  See 
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
4 47 U.S.C. § 301.
5 47 C.F.R. § 1.80
6 47 U.S.C. § 503(b)(2)(D). 
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, 1.80.
9 47 U.S.C. § 301
10 See 47 C.F.R. § 1.1914.