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                         Before the
                   Washington, D.C. 20554

In the Matter of

Radio Station KDAP Douglas, AZ          )         
KASA Radio Hogar, Inc.             )              NAL/Acct 
No.  200132940002
1445 West Baseline Rd.                  )                   
Case No. EB-00-SD-295         
Phoenix, AZ  85041                 )          

    Adopted: February 15, 2001           Released: February 
                           15, 2001

By the Enforcement Bureau: San Diego Office

                      I.   INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
   Forfeiture  ("NAL"),  we  find  KASA  Radio  Hogar,  Inc. 
   (Hogar)  has   apparently  violated   Sections  73.54(d), 
   73.1350(c)(1), 73.1590(a)(6)  and  73.3526(a)(2)  of  the 
   Commission's Rules and Regulations (Rules), by failure to 
   provide a copy  of the  station's antenna  resistance and 
   reactance measurements during  an inspection,  failure to 
   have the  proper monitoring  equipment  installed at  the 
   duty  operator  position,   failure  to   conduct  annual 
   equipment  performance   measurements   and  failure   to 
   maintain a  Public Inspection  File1.   We conclude  that 
   Hogar is apparently liable  for forfeiture in  the amount 
   of fifteen thousand dollars ($15,000).

                       II.  BACKGROUND

     2.   On November  6, 2000,  the FCC's San  Diego office 
   received  information  from  FCC's   Columbia  Operations 
   Center  in   Laurel,  MD   that  the   carrier  frequency 
   measurement  of  the  AM  Broadcast  radio  station  KDAP 
   Douglas, AZ exceeded the frequency tolerance in violation 
   of Section 73.44(b)  of the  Rules.  The  measurement was 
   made using the remote monitoring equipment located at the 
   FCC's Douglas, AZ Monitoring Facility.

     3.   On November 17,  2000 an agent from  the FCC's San 
   Diego  office  investigated  the   alleged  violation  by 
   conducting an inspection of KDAP's studio and transmitter 
   located at  2031  N. Sulphur  Springs  St., Douglas,  AZ.  
   During the inspection of KDAP several violations of Rules 
   were  discovered.   Most  were  minor  and  technical  in 
   nature.  However,  the four  listed above  were the  most 
     4.   On December 19, 2000 a violation notice was issued 
to Hogar listing ten  violations found during the inspection 
of  KDAP.   On January  26,  2001  a  fax from  the  Hogar's 
Washington  D.C. law  firm was  received by  this office  in 
reply to the violation notice. 

                    III.      DISCUSSION

     5.   The reply  states that Hogar has  either corrected 
or is  working to correct these  violations.  However, there 
was no  adequate explanation  why the four  violations cited 
may have occurred.  These are serious infractions that merit 
more than a simple citation letter  and a reply that all has 
been corrected.

     6.   A licensee of an AM Broadcast station must keep on 
file  at the  station location  the data  gathered from  the 
measurements of the station's  antenna system as required by 
Section 73.54(d) of the Rules. This information is essential 
in determining the station's  transmitter output power.  The 
reply to our  violation notice from Hogar  does not indicate 
where   such  measurements   are  maintained   or  if   such 
measurements were ever conducted.   A monetary forfeiture of 
one thousand dollars ($1000) is proposed for this violation. 

     7.   Licensees   of   all    broadcast   stations   are 
responsible for maintaining  and controlling their station's 
operating parameters such  as output power and  the level of 
modulation  as  required  by Section  73.1350(c)(1)  of  the 
Rules.  The  FCC  allows   licensees  great  flexibility  in 
designing and constructing necessary equipment and circuitry 
to control  their station's  operating parameters.   In this 
case, Hogar did not provide any means for the station's duty 
operator  to monitor  or control  these two  basic operating 
parameters  from the  main  duty position.   The reply  from 
Hogar  again  does  not  address  the  reasons  why  such  a 
violation  occurred,   only  that  the  violation   will  be 
corrected.  A monetary forfeiture  of three thousand dollars 
($3000) is proposed for this violation. 

     8.   An  AM Broadcast  licensee must  conduct equipment 
performance  measurements  annually  to determine  if  their 
station  is  generating  spurious  signals  beyond  what  is 
permitted under Section 73.44 of the Rules 2, as required by 
Section 73.1590(a)(6) of the Rules. During the inspection no 
copies of  previous equipment performance  measurements were 
available  or  any evidence  that  any  had been  performed.  
Further,  the reply  from Hogar  does not  explain why  such 
measurements were  not available.  A monetary  forfeiture of 
one thousand dollars ($1000) is proposed for this violation.

     9.   The   inspection  of   KDAP  revealed   no  public 
inspection file  at the main  studio location. Hogar  was in 
violation  of Section  73.3526(a)(2) of  the Rules  which in 
part states  that `` Every  permittee or licensee of  an AM, 
FM, or TV station in the commercial broadcast services shall 
maintain a  public inspection file containing  the material, 
relating  to that  station,  described  in... this  section.  
.... A  separate file shall  be maintained for  each station 
for  which an  authorization  is outstanding,  and the  file 
shall be maintained  so long as an  authorization to operate 
the station  is outstanding.'' Based on  the evidence before 
us,  we  find that  Hogar  has  willfully3 violated  Section 
73.3526(a)(2)  of  the Rules  by  not  maintaining a  public 
inspection  file.  A  monetary  forfeiture  of ten  thousand 
dollars ($10,000) is proposed for this violation. 

                    IV.  ORDERING CLAUSES

     10.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,4  and Sections 0.111,  0.311 and 
1.80 of the  Commission's Rules,5 KASA Radio  Hogar, Inc. is 
in  the amount  of  fifteen thousand  dollars ($15,000)  for 
violating  Sections  73.54(d), 73.1350(c)(1),  73.1590(a)(6) 
and 73.3526(a)(2) of the Commission's Rules and Regulations.

     11.  IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
SHALL  PAY the  full amount  of the  proposed forfeiture  or 
SHALL  FILE   a  written  statement  seeking   reduction  or 
cancellation of  the proposed forfeiture.  The  response, if 
any, must  be mailed  to Federal  Communications Commission, 
Enforcement  Bureau, Technical  and Public  Safety Division, 
445 12th Street, S.W.,  Washington, DC 20554, Ref: EB-00-SD-
295, NAL/Acct. No. 200132940002.

     12.  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 

     13.  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. 20554.6

     14.  IT IS  FURTHER ORDERED  THAT this Notice  shall be 
sent, by  certified mail, return receipt  requested, to KASA 
Radio  Hogar,  Inc., 1445  West  Baseline  Rd., Phoenix,  AZ  


                         William R. Zears Jr.
                         District Director - San Diego 

1 47 C.F.R.  73.54(d), 73.1350(c)(1), 73.1590(a)(6) and 
2 47 C.F.R.  73.44,
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.  503(b).
5 47 C.F.R.  0.111, 0.311, 1.80.
6 See 47 C.F.R.  1.1914.