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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of
)
Multicultural Radio Broadcasting File No. EB-06-SD-202
Licensee, LLC )
NAL/Acct. No. 200732940003
Licensee of KQTL (AM), Sahuarita, AZ )
FRN: 0010215812
Facility ID # 19119 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 28, 2006
By the District Director, San Diego Office, Western Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Multicultural Radio Broadcasting Licensee, LLC ("Multicultural
Radio"), the licensee of station KQTL, an AM Broadcast Radio serving
Sahuarita, 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 KQTL is apparently liable for a forfeiture in the amount of four
thousand dollars ($4,000).
II. BACKGROUND
2. On August 17, 2006, an agent of the Enforcement Bureau's San Diego
Office conducted an inspection of the public inspection file for KQTL
at their main studio located in Tucson, Arizona. The agent observed
that Multicultural Radio did maintain a public inspection file for
KQTL. However, the public inspection file was not complete.
Specifically, there was no copy of the current ownership report and no
quarterly Issues/Program lists since the renewal of the station's
license on September 26, 2005. KQTL's general manager advised the San
Diego agent that he did not know where these items could be found.
III. DISCUSSION
3. 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.
4. 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.
5. 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. During the examination of public inspection
file for KQTL, no current ownership report was found. Therefore,
Multicultural Radio failed to comply with Section 73.3526(e)(5) of the
Rules.
6. Section 73.3526(e)(12) of the Rules requires licensees to place in
their public inspection file a list for each calendar quarter, to be
filed by the tenth day of the succeeding 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 issues/programs list. KQTL's public inspection file
contained no issue/programs lists for the fourth quarter for 2005 and
the first and second quarters for 2006. Therefore, Multicultural Radio
failed to comply with Section 73.3526(e)(12) of the Rules.
7. Multicultural Radio certified that KQTL's public inspection file had
the proper documentation as required by 73.3526 in the most recent
KQTL license renewal application, dated May 26, 2005. However, as the
San Diego agent's inspection revealed, Multicultural Radio did not
have a complete public inspection file since October 1, 2005, the
beginning of the new license term. Because Multicultural Radio was
aware of the requirement to have a complete public inspection file for
KQTL, as evidenced by its renewal application filing, and
certification that one did exist, the violation is willful. Because
the evidence found by the San Diego agent indicates that the materials
missing from the public inspection file, such as the station's
issues/programs lists, were never put in place or compiled since
October 2005, the 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.
8. 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 $4,000. 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 the instant
case, we conclude that Multicultural Radio is apparently liable for a
$4,000 forfeiture.
IV. ORDERING CLAUSES
9. 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, Multicultural Radio
Broadcasting Licensee, LLC, 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.
10. 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 Licensee, LLC, SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
11. 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.
12. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Western Region, 4542 Ruffner Street,
Room 370, San Diego, California, 92111, and must include the
NAL/Account No. referenced in the caption.
13. 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.
14. 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.
15. 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
Licensee, LLC.
FEDERAL COMMUNICATIONS COMMISSION
William Zears, Jr.
District Director
San Diego Office
Western Region
Enforcement Bureau
47 C.F.R. S 73.3526.
47 U.S.C. S 503(b).
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)(5).
47 C.F.R. S 73.3526(e)(12)
See File No. BR - 20050526AFW, filed May 26, 2005 (Broadcast Renewal
Application). This application was granted on September 26, 2005.
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)).
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 C.F.R. SS 0.61, 0.283, and 1.80.
47 C.F.R. SS 73.3526(e).
See 47 C.F.R. S 1.1914.
(...continued from previous page)
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Federal Communications Commission
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Federal Communications Commission