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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                                
                                                                    
     In the Matter of              )                                
                                                                    
     Phoenix 6 TV, LLC             )     File Number: EB-07-SD-019  
                                                                    
     Licensee of Station KMOH-TV   )   NAL/Acct. No.: 200732940006  
                                                                    
     Kingman, Arizona              )               FRN: 0011532553  
                                                                    
     Facility ID # 24753           )                                
                                                                    
                                   )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released: March 21, 2007

   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 Phoenix 6 TV, LLC ("Phoenix 6"), licensee of television station
       KMOH-TV, in Kingman, Arizona, apparently willfully and repeatedly
       violated Section 73.1125(a)  of the Commission's Rules ("Rules") by
       failing to maintain a local main studio. We conclude, pursuant to
       Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       that Phoenix 6 is apparently liable for a forfeiture in the amount of
       seven thousand dollars ($7,000).

   II. BACKGROUND

    2. On January 19, 2007, an agent from the Enforcement Bureau's San Diego
       Office attempted to locate the main studio of KMOH-TV to conduct a
       routine broadcast inspection. The agent discovered that there was
       neither a local nor toll-free telephone listing for KMOH-TV in
       Kingman, Arizona. The agent telephoned the licensee at the address of
       record in Miami Lakes, Florida, in order to obtain the main studio
       address and telephone number for KMOH-TV. A voice message was left to
       return the agent's call, but no return call was made.

    3. On January 24, 2007, the San Diego agent sent an e-mail message to the
       attorney of record for KMOH-TV asking for a point of contact, the
       address and the telephone number for the KMOH-TV main studio in the
       Kingman, Arizona, area. The attorney subsequently responded via an
       e-mail message and provided the requested information for KMOH-TV
       including the address of 2332 Kingman Avenue, Kingman, Arizona.

    4. On February 5, 2007, the San Diego agent conducted an inspection of
       the KMOH-TV main studio at 2332 Kingman Avenue, Kingman, Arizona. When
       the agent arrived at this address, there were two signs on the outside
       of the building that stated "Johnson Radio Communications" and "WECOM
       INC." There were no signs on the outside of the building to indicate
       that KMOH-TV or Phoenix 6 was located at 2332 Kingman Avenue.

    5. When the San Diego agent entered the building, the facility appeared
       to be a land mobile radio service company. There was a counter
       displaying pagers and two-way radios, with prices displayed on a
       bulletin board for paging services. In addition, there were numerous
       licenses posted next to the bulletin board for WECOM. The only
       identification for KMOH-TV was a small poster with the KMOH-TV logo
       and a local business license.

    6. The agent questioned a WECOM staffer who was given as the point of
       contact by Phoenix 6's attorney and the staffer advised that she works
       only for WECOM. The WECOM staffer told the agent that KMOH-TV had
       rented a locked storage shed behind the WECOM building that houses
       their EAS equipment and some other technical equipment for
       approximately two years. She also told the agent that there are no
       employees at that location that work for Phoenix 6 and that KMOH-TV
       maintains its public inspection file in a file drawer at the WECOM
       office. The WECOM staffer also advised that approximately once a
       calendar quarter, a person comes to the WECOM location to insert
       documents into the public inspection file for KMOH-TV. She further
       stated that KMOH-TV installed a telephone with a local telephone
       number approximately one week ago prior to the inspection date at the
       WECOM location. The KMOH-TV telephone is answered by the WECOM office
       manager.

    7. On February 6, 2007, the San Diego agent returned to the WECOM
       facility. The agent spoke with the WECOM General Manager who stated
       that the KMOH-TV technical equipment, earth station, and public
       inspection file had been located at their facility for approximately
       two years. He also stated there were no KMOH-TV employees that worked
       full-time at their facility. The WECOM General Manager advised he is
       capable of running tests for the KMOH-TV EAS, although KMOH-TV does
       contract engineers for technical work.

    8. On February 16, 2007, the San Diego Office agent telephoned the person
       that maintained the public inspection file for KMOH-TV who stated that
       she worked full-time for television station, KBEH(TV) Oxnard,
       California. She advised the agent that the licensee of KBEH, also owns
       KMOH-TV. Therefore, she goes to KMOH-TV in Kingman, Arizona,
       approximately once a quarter to maintain the KMOH-TV public inspection
       file. She stated there are no full-time employees located at KMOH-TV
       in Kingman. She also confirmed that KMOH-TV had been located at the
       present Kingman location for approximately two years and advised that
       local programming concerning community issues are produced by a local
       production company that is hired by the licensee.

   III. DISCUSSION

    9. 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.

   10. Section 73.1125(a) of the Rules requires the licensee of a broadcast
       station to maintain a main studio in its community of license. The
       station's main studio must serve the needs and interests of the
       residents of the station's community of license. In particular, the
       main studio must be accessible to the public during normal business
       hours "[t]o assure meaningful public participation in [the
       Commission's] licensing process." To fulfill these functions, a
       station must, among other things, maintain a meaningful managerial and
       staff presence at its main studio. The Commission has defined a
       minimally acceptable "meaningful presence" as full-time managerial and
       full-time staff personnel. In addition, there must be "management and
       staff presence" on a full-time basis during normal business hours to
       be considered "meaningful." Although management personnel need not be
       "chained to their desks" during normal business hours, they must
       "report to work at the main studio on a daily basis, spend a
       substantial amount of time there and ... use the studio as a home
       base." The KMOH-TV main studio located at the WECOM facility in
       Kingman, Arizona, did not maintain a meaningful managerial and staff
       presence. According to the WECOM staff and a KBEH-TV employee, there
       were no KMOH-TV employees located at, or working out of, the WECOM
       location. Phoenix 6 was aware of the requirement for a main studio, as
       its counsel identified the WECOM location to the San Diego agent as
       the KMOH-TV main studio, therefore, the violation was willful. The
       failure to maintain a main studio occurred on more than one day,
       therefore, it was repeated.  Based upon the evidence before us, we
       find that Phoenix 6, apparently willfully and repeated violated
       Section 73.1125(a) of the Rules, by failing to maintain a local main
       studio.

   11. 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 main studio
       requirements is $7,000. 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 Phoenix 6
       is apparently liable for a $7,000 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, Phoenix 6 TV, LLC, is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       seven  thousand dollars ($7,000) for violations of Section 73.1125(a)
       of the 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, Phoenix 6 TV, LLC, 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 Office, 4542
       Ruffner Street, Room 370, San Diego, CA 92111, and must include the
       NAL/Acct. 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 Phoenix 6 TV, LLC, at its address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   William R. Zears Jr.

   District Director

   San Diego Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 73.1125(a).

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

   According to the most recent ownership report filed for KMOH-TV, Phoenix
   6, LLC, is a Florida limited liability company. Phoenix 6 TV, LLC, is a
   wholly-owned subsidiary of Phoenix 6 Broadcasting, LLC. Bela Broadcasting
   LLC, the sole member of Phoenix 6 Broadcasting, LLC, holds an attributable
   interest in KBEH-TV. See File No. BOA-20060601BAE.

   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."

   Main Studio and Program Origination Rules, 2 FCC Rcd 3215, 3218 (1987),
   clarified 3 FCC Rcd 5024, 5026 (1988).

   2 FCC Rcd at 3217-18.

   Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 (1991),
   clarified 7 FCC Rcd 6800 (1992).

   Id.

   7 FCC Rcd at 6802.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.1125(a).

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission