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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
     In the Matter of                       )                                
                                                                             
     Multicultural Radio Broadcasting,      )                                
     Inc.                                         File Number: EB-06-SF-276  
                                            )                                
     Antenna Structure Registrant               NAL/Acct. No.: 200732960001  
                                            )                                
     ASR No. 1013937                                        FRN: 0005086368  
                                            )                                
     Cutler, California                                                      
                                            )                                
                                                                             
                                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                 Released: December  22, 2006

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Multicultural Radio Broadcasting, Inc. ("Multicultural"), owner
       of antenna structure #1013937 near Cutler, California, apparently
       repeatedly violated Section 303(q) of the Communications Act of 1934,
       as amended, ("Act"), and Section 17.51 of the Commission's Rules
       ("Rules") by failing to exhibit the structure's red obstruction
       lighting from sunset to sunrise.  We conclude, pursuant to Section
       503(b) of the Communications Act of 1934, as amended ("Act"), that
       Multicultural is apparently liable for a forfeiture in the amount of
       ten thousand dollars ($10,000).

   II. BACKGROUND

    2. Antenna structure #1013937 is an antenna tower of 90.6 meters (297.244
       feet) in height above ground. It is tower four in a four-tower array
       used by KWRU(AM) to serve Fresno, California. According to the antenna
       structure registration ("ASR") for antenna structure #1013937, the
       structure is required to have painting and lighting in accordance with
       specific paragraphs of the Commission's "Obstruction Marking and
       Lighting Specifications for Antenna Structures - FCC Form 715" ("FCC
       Form 715"). Specifically, the structure is required to be painted, and
       have, at its top, a flashing beacon equipped with two lamps and red
       filters, along with at least two lamps enclosed in red obstruction
       light globes located on levels at approximately two-thirds and
       one-third of the overall height of the tower. The lights on antenna
       structure #1013937 are required to burn continuously or be controlled
       by a light sensitive device.

    3. On October 4, 2006, the Enforcement Bureau's San Francisco Office
       received a complaint that antenna structure #1013937, located near
       Cutler, California was not lighted. An agent from the San Francisco
       Office contacted the Federal Aviation Administration's Rancho Murrieta
       Flight Service Station ("FSS") in Rancho Cordova, California. The FSS
       issued a 15 day Notice to Airmen ("NOTAM") and informed the San
       Francisco agent that no prior light outage report had been made for
       antenna structure #1013937. The San Francisco agent then contacted the
       Tulare County, California, Sheriff's Department and requested that a
       deputy drive by antenna structure #1013937 that evening to determine
       if the antenna array lights were extinguished. The Sheriff's
       Department dispatcher contacted the San Francisco agent at
       approximately 7:30 p.m. PDT on October 4, 2006, and reported that the
       lights on antenna structure #1013937 were extinguished.

    4. On October 5, 2006, the San Francisco agent drove to the Cutler,
       California, area and inspected antenna structure #1013937. During the
       evening of October 5, 2006, the agent observed that the nighttime red
       obstruction lights for the antenna structure were not functioning.

    5. On October 6, 2006 the agent went to the studio location for KWRU(AM)
       in Fresno, California, and discussed the tower lighting problem with
       the staff of Multicultural. The agent examined the records and found
       no prior log entries concerning any lighting outages on antenna
       structure #1013937. The KWRU(AM) engineer indicated to the agent that
       the outage may have been caused by a transformer failure.

   III. DISCUSSION

    6. 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 or repeatedly 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.

    7. Section 303(q) of the Act states that antenna structure owners shall
       maintain the painting and lighting of antenna structures as prescribed
       by the Commission. Section 17.51 of the Rules states that all red
       obstruction lighting shall be exhibited from sunset to sunrise unless
       otherwise specified. According to its ASR, antenna structure #1013937
       is required to have, at its top, a flashing beacon equipped with two
       lamps and red filters, along with at least two lamps enclosed in red
       obstruction light globes located on levels at approximately two-thirds
       and one-third of the overall height of the tower. On October 4, 2005,
       the Tulare County, California, Sheriff's Department observed that the
       red obstruction lighting on antenna structure #1013937 was not
       functioning. The next evening, on October 5, 2006, a San Francisco
       agent also observed that the red obstruction lighting on antenna
       structure #1013937 was not functioning.

    8. Multicultural's failure to light antenna structure #1013937 occurred
       on more than one day, therefore, its violation is repeated. Based on
       the evidence before us, we find that Multicultural apparently
       repeatedly violated Section 303(q)  of the Act, and Section 17.51 of
       the Rules, by failing to exhibit the structure's red obstruction
       lighting from sunset to sunrise.

    9. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for failing to comply with the prescribed
       lighting and/or marking for an antenna structure 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. Applying the Forfeiture Policy
       Statement, Section 1.80, and the statutory factors to this case, we
       conclude Multicultural is apparently liable for a $10,000 forfeiture.

   IV. ORDERING CLAUSES

   10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
       1.80 of the Commission's Rules, Multicultural Radio Broadcasting,
       Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
       in the amount of ten thousand dollars ($10,000) for violations of
       Section 303(q) of the Act, and Section 17.51 of the Rules.

   11. 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, Multicultural Radio
       Broadcasting, Inc., SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

   12. 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.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, San Francisco Office,
       5653 Stoneridge Drive, Suite 105, Pleasanton, California, 94588-8543,
       and must include the NAL/Acct. No. referenced in the caption.

   14. 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.

   15. 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
       12^th Street, S.W., Washington, D.C. 20554.

   16. 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 Multicultural Radio Broadcasting,
       Inc., 449 Broadway, New York, New York 10013-2549.

   FEDERAL COMMUNICATIONS COMMISSION

   Thomas N. VanStavern

   District Director

   San Francisco Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S 303(q).

   47 C.F.R. S 17.51.

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

   Multicultural Radio Broadcasting Licensee LLC, is the licensee of
   KWRU(AM).

   FCC Form 715, Paragraphs 1, 3, 12, and 21.

   FCC Form 715, Paragraph 1.

   FCC Form 715, Paragraph 3.

   FCC Form 715, Paragraph 12.

   FCC Form 715, Paragraph 21.

   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 U.S.C. S 303(q).

   47 C.F.R. S 17.51.

   FCC Form 715, Paragraph 3.

   FCC Form 715, Paragraph 12.

   12 FCC Rcd 17087(1997), Recon. Denied 15 FCC Rcd 303 (1999).

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

   47 U.S.C. SS 303(q), 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80, 17.51.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission