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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                           )                               
     In the Matter of                                                      
                                           )   File No. EB-05-SD-172       
     Cortaro Broadcasting Corporation                                      
                                           )   NAL/Acct. No. 200632940003  
     Licensee of KCKY (AM), Coolidge, AZ                                   
                                           )   FRN: 0007276561             
     Facility ID No. 48814                                                 
                                           )                               


                  NOTICE OF APPARENT  LIABILITY FOR FORFEITURE

   Released: March 14, 2006

   By the District Director, San Diego District Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Cortaro Broadcasting Corporation ("Cortaro"), the licensee of AM
       station KCKY, in Coolidge, Arizona, apparently willfully and
       repeatedly violated Section 73.3526 of the Commission's Rules (Rules)
       by failing to maintain a complete public inspection file. We conclude,
       pursuant to Section 503(b) of the Communications Act of 1934, as
       amended ("Act"), that KCKY is apparently liable for a forfeiture in
       the amount of four thousand dollars ($4,000).

   II. BACKGROUND

    2. On August 9, 2005, an agent of the Enforcement Bureau's San Diego
       Office conducted an inspection of the public inspection file for KCKY
       at 13968 Harmony Road, Coolidge, Arizona. The agent was informed
       during the inspection that there was in effect a local marketing
       agreement between KASA Radio Hogar, Inc. and Cortaro. While examining
       the public inspection file, the agent observed that the KCKY public
       inspection file was not complete. Specifically, there were no copies
       of applications filed by Cortaro since 1983, no ownership report since
       1990, no radio issues/programs lists since 1994, and no copies of any
       time brokerage agreements.

    3. Because the license period for radio stations in the State of Arizona
       ended on October 1, 2005, Cortaro was required to file a renewal
       application for KCKY with the Commission no later than June 1, 2005,
       as required by Section 73.3539(a) of the Rules. A search of
       Commission's records by the San Diego agent revealed Cortaro did file
       a timely renewal application.  The search also revealed an assignment
       of license in 2003, and an application for a construction permit for a
       major modification, filed on January 13, 2005, was also pending. As of
       the date of this NAL, the renewal application remains pending.

   III. DISCUSSION

    4. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully fails to comply with any of the
       provisions of the Act or of any rule, regulation or order issued by
       the Commission thereunder, shall be liable for a forfeiture penalty.
       The term "willful" as used in Section 503(b) has been interpreted to
       mean simply that the acts or omissions are committed knowingly. The
       term "repeated" means the commission or omission of such act more than
       once or for more than one day.

    5. Section 73.3526(a)(2) of the Rules requires that every licensee of an
       AM station licensee shall maintain a public inspection file containing
       the material, relating to that station, described in paragraphs (e)(1)
       through (e)(10) and paragraphs (e)(12) through (e)(14) of this section
       as well as paragraph (e)(16) of this section. Further, as required by
       Section 73.3526(b), the location of the public file shall be
       maintained at the station's main studio location.

    6. Section 73.3526(e)(2) of the Rules requires licensees to place in
       their public inspection file a copy of any application tendered to the
       Commission, and maintain the application in the file until final
       action has been taken on the application. During the examination of
       the file on August 9, 2005, no copy of the 2005 KCKY renewal
       application, which was still pending at the time of the inspection, or
       the application for a construction permit, which was also pending at
       the time, was found. Therefore, Cortaro failed to comply with Section
       73.3526(e)(2) of the Rules.

    7. Section 73.3526(e)(5) of the Rules requires licensees to place in
       their public inspection file the most recent and complete copy of the
       ownership report, along with any licensee statements certifying that
       the report is accurate. Examination of KCKY's public inspection file
       revealed a 1990 ownership report, but no subsequent ownership reports
       or certifications were found. Therefore, Cortaro failed to comply with
       Section 73.3526(e)(5) of the Rules.

    8. Section 73.3526(e)(12) of the Rules requires AM and FM broadcast
       licensees to place in their public inspection file, for each calendar
       quarter, a list of programs that have provided the station's most
       significant treatment of community issues during the preceding three
       month period. This list is known as the radio issues/programs list.
       Copies of the lists must be maintained in the file until final action
       has been taken on the station's next renewal application. KCKY's
       public inspection file contained no radio issues/programs lists for
       any year during the license period in question (from October 1, 1997
       to the date of inspection). Therefore, Cortaro failed to comply with
       Section 73.3526(e)(12) of the Rules.

    9. Section 73.3526(e)(14) of the Rules requires that a copy of every
       agreement or contract involving time brokerage of the licensee's
       station be kept in the public file, and these contracts or agreements
       must be maintained in the file for as long as the contract or
       agreement is in force. No copies of the local marketing agreement
       between KASA Radio Hogar, Inc. and Cortaro, which is a time brokerage
       agreement as outlined under Section 73.3613(d)(1), were found in KCKY
       public inspection file. Therefore, Cortaro failed to comply with
       Section 73.3526(e)(14) of the Rules.

   10. In the pending KCKY renewal application, in response to Section III,
       Question 3, Cortaro certified that the public inspection file for KCKY
       had the proper documentation as required by 73.3526. However, as the
       San Diego agent's inspection revealed, Cortaro did not have a complete
       public inspection file. Cortaro was aware of the requirement to have a
       complete public inspection file, given its response on the KCKY
       renewal application, therefore, Cortaro's violation is willful. No
       evidence could be found to indicate that any of the materials missing
       from the public inspection file were ever in place. In particular, no
       evidence could be found to show that the KCKY Radio issues/programs
       lists were ever maintained for the duration of the license period.
       Therefore, Cortaro's violation is repeated. Where lapses occur in
       maintaining the public inspection file, neither the negligent acts nor
       omissions of station employees or agents, nor the subsequent remedial
       actions undertaken by the licensee, excuse or nullify a licensee's
       rule violation.

   11. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80(b) of the Rules to Incorporate the Forfeiture
       Guidelines ("Forfeiture Policy Statement"), and Section 1.80 of the
       Rules, the base forfeiture for public file violations is $10,000. 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
       Act, which include the nature, circumstances, extent, and gravity of
       the violations, and with respect to the violator, the degree of
       culpability, and history of prior offenses, ability to pay, and other
       such matters as justice may require. In this case, although the public
       inspection file was partially complete, it did not contain several
       required items, in particular, multiple years of the radio
       issues/programs lists. We therefore conclude a forfeiture amount of
       $4,000 is appropriate. Applying the Forfeiture Policy Statement,
       Section 1.80, and the statutory factors to the instant case, we
       conclude that Cortaro is apparently liable for a $4,000 forfeiture.

   IV. ORDERING CLAUSES

   12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Cortaro Broadcasting
       Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR
       FORFEITURE in the amount of four thousand dollars ($4,000) for
       violation of Section 73.3526 of the Commission's Rules.

   13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules, within thirty days of the release date of this
       Notice of Apparent Liability for forfeiture, Cortaro Broadcasting
       Corporation SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   14. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission.  The
       payment must include the NAL/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   15. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, San Diego District
       Office, 4542 Ruffner Street, Room 370, San Diego, California, 92111,
       and must include the NAL/Account No. referenced in the caption.

   16. 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 ("GAAP"); 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.

   17. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director - Financial Operations, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   18. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail to Cortaro Broadcasting Corporation.

   FEDERAL COMMUNICATIONS COMMISSION

   William R. Zears, Jr.

   District Director

   San Diego District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 73.3526.

   47 U.S.C. S 503(b).

   47 C.F.R. S 73.1020(a) and (a)(13)(i).

   47 C.F.R. S 73.3539(a).

   See File No. BR - 20050601CET, filed June 1, 2005 (Broadcast Renewal
   Application).

   See File No. BMJP-20050113AAB, filed January 13, 2005, granted August 15,
   2005.

   Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to
   violations for which forfeitures are assessed under 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 or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'repeated', when used with reference to the
   commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 C.F.R. S 73.3526(a)(2).

   47 C.F.R. S 73.3526(b).

   47 C.F.R. S 73.3526(e)(2).

   47 C.F.R. S 73.3526(e)(2).

   47 C.F.R. S 73.3526(e)(5).

   47 C.F.R. S 73.3526(e)(12).

   47 C.F.R. S 73.3526(e)(14).

   47 C.F.R. S 73.3613(d)(1).

   See File No. BR - 20050601CET, filed June 1, 2005 (Broadcast Renewal
   Application).

   See Padre Serra Communications, Inc., 14 FCC Rcd 9709 (1999) (citing
   Gaffney Broadcasting, Inc., 23 FCC 2d 912, 913 (1970) and Eleven Ten
   Broadcasting Corp., 33 FCC 706 (1962)); Surrey Range Limited Partnership,
   71 RR 2d 882 (FOB 1992).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S
   1.80.

   47 U.S.C. S 503(b)(2)(D).

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.3526.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission