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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
Lazer Licenses, LLC )
Licensee of: )
KSBQ(AM) )
File Nos. EB-07-LA-111
Santa Maria, California )
EB-07-LA-112
Facility ID # 38442 )
EB-07-LA-113
KLMM-FM )
NAL/Acct. No. 200732900007
Morro Bay, California )
FRN: 0015079908
Facility ID # 46401 )
KLUN-FM )
Paso Robles, California )
Facility ID # 2243 )
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: May 17, 2007
By the District Director, Los Angeles Office, Western Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Lazer Licenses, LLC, ("Lazer"), the licensee of stations
KSBQ(AM), Santa Maria, California, KLMM-FM, Morro Bay, California and
KLUN-FM, Paso Robles, California, apparently willfully and repeatedly
violated Section 73.3526 of the Commission's Rules ("Rules") by
failing to maintain complete public inspection files. We conclude,
pursuant to Section 503(b) of the Communications Act of 1934, as
amended ("Act"), that Lazer is apparently liable for a forfeiture in
the amount of twelve thousand dollars ($12,000).
II. BACKGROUND
2. On March 6, 2007, an agent of the Enforcement Bureau's Los Angeles
Office conducted inspections of the public inspection files for
stations KSBQ(AM), KLMM-FM and KLUN-FM at their main studio location
in Santa Maria, California. The agent discovered that there were no
issues/programs lists maintained for any of the three stations
subsequent to their license renewal on July 28, 2005. The general
manager for the three stations stated that he was fairly new but very
familiar with the issues/programs filing requirements and advised the
agent that from the date of inspection forward, he was putting his
Office Manager in charge of maintaining and filing these records in
the public inspection files. He could not explain why these records
for all three stations had not been maintained subsequent to the
stations' license renewal application on July 28, 2005.
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 or FM station 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)(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. The public inspection files for
stations KSBQ(AM), KLMM-FM and KLUN-FM contained no issues/programs
lists for any quarters after the license renewal on July 28, 2005, up
to the date of the inspection by the agent on March 6, 2007.
6. Lazer was aware of the requirement to have a public inspection file
and the requirements concerning documentation to be maintained in that
file, given the acknowledgement made by the stations' general manager,
and the fact that the stations each maintained a public inspection
file, albeit incomplete ones. Therefore the violation is willful. No
evidence could be found to indicate that any of the materials missing
from the public inspection files, as detailed above, were maintained
prior to the Los Angeles agent's inspection. Therefore, Lazer'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.
7. 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)(E) 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 files were partially complete, they did not contain
multiple quarters of the radio issues/programs lists. We therefore
conclude a forfeiture amount of $4,000 per station is appropriate.
Applying the Forfeiture Policy Statement, Section 1.80, and the
statutory factors to the instant case, we conclude that Lazer is
apparently liable for a twelve thousand dollar ($12,000) forfeiture.
IV. ORDERING CLAUSES
8. 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, Lazer Licenses, LLC, is
hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the
amount of twelve thousand dollars ($12,000) for violation of Section
73.3526 of the Commission's Rules.
9. 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, Lazer Licenses, LLC,
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the proposed
forfeiture.
10. 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.
11. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Western Region, 18000 Studebaker Rd.,
Suite 660, Cerritos, California, 90703, and must include the
NAL/Account No. referenced in the caption.
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 ("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.
13. 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.
14. 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 Lazer Licenses, LLC, at its address of
record.
FEDERAL COMMUNICATIONS COMMISSION
Catherine Deaton.
District Director
Los Angeles 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)(12)
See Padre Serra Communications, Inc., 14 FCC Rcd 9709 (1999).
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)(E).
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.
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Federal Communications Commission
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Federal Communications Commission