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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                          )                                
                                                                           
     In the Matter of                     )                                
                                               File Numbers: EB-07-LA-054  
     Alfred Plascencia                    )                                
                                                             EB-07-LA-055  
     Lazer Broadcasting Corporation       )                                
                                                             EB-07-LA-056  
     Antenna Structure Registrant         )                                
                                              NAL/Acct. No.: 200732900012  
     ASR Nos. 1062806, 1062807, 1062808   )                                
                                                          FRN: 0016142101  
     Oxnard, California                   )                                
                                                                           
                                          )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                      Released: June 19, 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 Alfred Plascencia, the president and sole owner of Lazer
       Broadcasting Corporation ("Lazer"), and registrant of antenna
       structures 1062806, 1062807, and 1062808, in Oxnard, California,
       apparently repeatedly violated Section 303(q) of the Communications
       Act of 1934, as amended ("Act"), by failing to make observation of the
       antenna structure's lights at least once each 24 hours either visually
       or by observing an automatic properly maintained indicator designed to
       register any failure of such lights, a violation of Section 17.47(a)
       of the Commission's Rules ("Rules"); and by failing to immediately
       notify the Commission of change in ownership information, a violation
       of Section 17.57 of the Rules. Plascencia's failure to make the
       required observations of the lighting on antenna structure #1062806
       resulted in its failure to notify the nearest Flight Service Station
       of the Federal Aviation Administration ("FAA") of the outage, a
       violation of Section 17.48 of the Rules. We conclude, pursuant to
       Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       that Plascencia is apparently liable for a forfeiture in the amount of
       five  thousand dollars ($5,000).

   II. BACKGROUND

    2. Antenna structures 1062806, 1062807, and 1062808 comprise the
       three-tower array used by KOXR(AM) to serve Oxnard, California. Lazer
       Broadcasting Corporation, is the licensee of KOXR(AM). Antenna
       structure #1062808, tower three of the three-tower array, is an
       antenna tower of 75.6 meters (248.22 feet) in height above ground.
       According to the antenna structure registration ("ASR") for antenna
       structure #1062808, 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
       approximately mid point of the overall height of the tower. The lights
       on antenna structure #1062808 are required to burn continuously or be
       controlled by a light sensitive device.

    3. On February 12, 2007, an agent from the Enforcement Bureau's Los
       Angeles Office conducted an inspection of antennas structures 1062806,
       1062807, and 1062808. At 6:30 p.m., the agent observed that the top
       beacon light on antenna structure #1062808 was not functioning.

    4. On February 13, 2007, the agent reported tower light outage for
       antenna structure #1062808 to nearest Flight Service Station ("FSS").
       A staffer at the FSS stated to the Los Angeles agent that the FSS had
       not received a report of a tower light outage for antenna structure
       #1062808. The agent asked the FSS to issue a NOTAM for the light
       outage. The agent also notified station KOXR(AM) of the antenna light
       outage. The KOXR(AM) station engineer told the agent that the radio
       station was unaware of the tower light outage, that the nearest FSS
       had not been notified, that the station did not visually observe the
       lights once every 24 hours, and that the station did not maintain an
       antenna lighting log. Later on February 13, 2007, a KOXR(AM) station
       staffer contacted the Los Angeles agent and stated that the light
       outage problem had been corrected. The staffer also stated that
       "beginning this date . . . Lazer will have nightly inspections of the
       tower lighting operation . . . ."

    5. On February 14, 2007, the Los Angeles agent conducted a follow-up
       inspection of the tower lights on antenna structures 1062806, 1062807,
       and 1062808 and observed that the lights were functioning properly.

    6. At the time of the February 12, 2007 inspection, the Commission's
       antenna structure database listed Lotus Oxnard Corporation as the
       registrant of antennas structures 1062806, 1062807, and 1062808. When
       questioned about the ownership of the antenna structures, a Lazer
       representative acknowledged to the Los Angeles agent that Plascencia
       purchased antennas structures 1062806, 1062807, and 1062808 on January
       16, 2003, and inadvertently neglected to notify the Commission of the
       change in ownership to Plascencia.

    7. On February 26, 2007, Plascencia, notified the Commission of the
       change in ownership information for antennas structures 1062806,
       1062807, and 1062808. The antenna structure registrations for all
       three towers now list Plascencia as the registrant.

   III. DISCUSSION

    8. 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.

    9. 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 17.47(a) requires that the owner of any
       antenna structure which is registered with the Commission and has been
       assigned lighting specifications shall make an observation of the
       antenna structure's lights at least once each 24 hours either visually
       or by observing an automatic properly maintained indicator designed to
       register any failure.  Section 17.48 of the Rules requires  the owner
       of an antenna structure to report immediately by telephone or
       telegraph to the nearest Flight Service Station or office of the FAA
       any observed or otherwise known extinguishment or improper functioning
       or any top steady burning light or any flashing obstruction light,
       regardless of its position on the antenna structure, not corrected
       within 30 minutes. On February 12, 2007, a Los Angeles agent observed
       that the top on antenna structure #1062808 was not functioning. The
       local FAA FSS confirmed that a NOTAM had not been issued for the
       outage. When questioned by the Los Angeles agent, representatives of
       Lazer and Plascencia, the owner of antenna structure #1062808,
       indicated that they were unaware of the outage and confirmed to the
       Los Angeles agent that nightly inspections of the tower light would
       begin on February 13, 2007.

   10. Plascencia's failure to monitor the lighting on its antenna structures
       occurred on more than one day, therefore, it is repeated. Based on the
       evidence before us, we find that Plascencia apparently repeatedly
       violated Section 17.47(a) of the Rules by failing to monitor the
       lighting on antenna structures 1062806, 1062807, and 1062808 once
       every 24 hours either visually or by a properly maintained automatic
       indicator.

   11. Section 17.57 of the Rules requires the owner of an antenna structure
       to immediately notify the Commission, using FCC Form 854, upon any
       change in structure height or change in ownership information.   We
       require antenna structure owners to maintain current antenna structure
       registration information with the Commission and post ASR numbers at
       the base of antenna structures to allow for easy contact if problems
       arise.  Lazer personnel acknowledged to the Los Angeles agent that
       Plascencia purchased antenna structures 1062806, 1062807, and 1062808
       in 2003, but had failed to notify the Commission of the change in
       ownership of the antenna structures to Plascencia. The violation
       occurred on more than one day, therefore, it is repeated. Based on the
       evidence before us, we find that Plascencia repeatedly violated
       Section 17.57 of the Rules by failing to immediately notify the
       Commission of a change in ownership information for antenna structures
       1062806, 1062807, and 1062808.

   12. 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 conduct required monitoring is
       $2,000 and the base forfeiture amount for failure to file required
       forms or information with the Commission is $3,000.  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 Lazer is apparently liable for a $5,000
       forfeiture.

   IV. ORDERING CLAUSES

   13. 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, Alfred Plascencia is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       five thousand dollars ($5,000) for violations of Sections 17.47(a) and
       17.57 of the Rules.

   14. 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, Alfred Plascencia SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   15. 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.

   16. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Los Angeles  Office,
       18000 Studebaker Rd., Suite 660, Cerritos, California, 90703 and must
       include the NAL/Acct. No. referenced in the caption.

   17. 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.

   18. 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.

   19. 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 Alfred Plascencia.

   FEDERAL COMMUNICATIONS COMMISSION

   Catherine Deaton

   District Director

   Los Angeles Office

   Western Region

   Enforcement Bureau

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

   47 C.F.R. S 17.47(a).

   47 C.F.R. S 17.57.

   47 C.F.R. S 17.48.

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

   FCC Form 715, Paragraphs 1, 3, 11, and 21.

   FCC Form, Paragraph 1.

   FCC Form 715, Paragraph 3.

   FCC Form 715, Paragraph 11.

   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 17.47(a).

   47 C.F.R. S 17.48.

   47 C.F.R. S 17.57.

   See, e.g., American Tower Corporation, 16 FCC Rcd 1282 (2001) ) (Notice of
   Apparent Liability); American Tower Corporation, 16 FCC Rcd 14937 (2001)
   (Consent Decree between the Commission and American Tower Corporation ).

   .

   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, 17.47(a),
   17.57.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission