Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
     In the Matter of                       )                                
                                                                             
     New Inspiration Broadcasting Co.,      )                                
     Inc.                                         File Number: EB-07-SF-299  
                                            )                                
     Antenna Structure Registrant               NAL/Acct. No.: 200832960002  
                                            )                                
     Sloughhouse, California                                FRN: 0001520303  
                                            )                                
     ASR No. 1207183                                                         
                                            )                                
                                                                             
                                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: January  30, 2008

   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 New Inspiration Broadcasting Co., Inc. ("New Inspiration"), owner
       of antenna structure #1207183 near Sloughhouse, California, apparently
       repeatedly violated Section 303(q) of the Communications Act of 1934,
       as amended, ("Act"), and Section 17.51(a)  of the Commission's Rules
       ("Rules") by failing to exhibit the structure's red obstruction
       lighting from sunset to sunrise; and by failing to monitor the antenna
       structure's lights, using a properly maintained indicator to register
       any failure of such lights, a violation of Section 17.47(a) of the
       Rules. New Inspiration's failure to make the required observations of
       the lighting on the antenna structure resulted in its failure to
       notify the nearest Flight Service Station of the Federal Aviation
       Administration ("FAA") of the outage of the flashing obstruction
       lights, 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 New Inspiration Broadcasting Co., Inc. is
       apparently liable for a forfeiture in the amount of ten thousand
       dollars ($10,000).

   II. BACKGROUND

    2. Antenna structure #1207183 is an antenna tower of 105.5 meters
       (346.128 feet) in height above ground. It is tower four in a
       four-tower array used by KTKZ(AM) to serve Sacramento, California.
       According to the antenna structure registration ("ASR") for antenna
       structure #1207183, the structure is required to be painted and lit in
       accordance with specific Chapters of the FAA Advisory Circular for
       Obstruction Marking and Lighting.  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 multiple steady
       burning red side obstruction lights.

    3. On November 20, 2007, the Enforcement Bureau's San Francisco Office
       received a complaint that antenna structure #1207183 located near
       Sloughhouse, California was not lighted. An agent of the San Francisco
       Office contacted the Federal Aviation Administration ("FAA") Flight
       Service Station to determine if the tower light outage had been
       reported. The FAA informed the San Francisco Office that no prior
       light outage report had been made for antenna structure #1207183, and
       issued a 15 day Notice to Airmen ("NOTAM"). The San Francisco agent
       then drove to the Sloughhouse, California, area and inspected antenna
       structure #1207183 at approximately 4:55 p.m.  Later that evening, at
       approximately 8:30 p.m., the agent observed that the nighttime red
       obstruction lights for the antenna structure were not functioning.

    4. On November 28, 2007, the San Francisco agent drove to the
       Sloughhouse, California, area and observed, at approximately 5:30
       p.m., that the nighttime red obstruction lights for antenna structure
       #1207183 were not functioning.

    5. On November 30, 2007, the San Francisco agent went to the studio
       location for KTKZ(AM) in Sacramento, California, and interviewed the
       station's chief operator concerning the light outage on antenna
       structure #1207183. The chief operator told the San Francisco agent
       that he was unaware of any lighting problems on antenna structure
       #1207183. The chief operator then reviewed the monitoring system for
       antenna structure #1207183 and the other antenna structures in its
       array and the monitoring system indicated that there were no light
       outages. The San Francisco agent then examined the records for
       KTKZ(AM) and the antenna structures and found no log entries
       concerning any light outages for antenna structure #1207183.

    6. On December 5, 2007, the KTKZ(AM) chief engineer telephoned the San
       Francisco agent and acknowledged that there had been a failure of all
       the lights on antenna structure #1207183. The chief engineer also
       informed the agent that he had contacted the FAA to renew NOTAM for
       antenna structure #1207183.

   III. DISCUSSION

    7. 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.

    8. 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(a) of the Rules states that all red
       obstruction lighting shall be exhibited from sunset to sunrise unless
       otherwise specified. The FAA Advisory Circular chapters for antenna
       structure #1207183 require that the structure be painted and have, at
       its top, a flashing beacon equipped with two lamps and red filters,
       along with multiple steady burning red side obstruction lights.
       Section 17.47(a) of the Rules 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 that
       registered antenna structures that have been assigned lighting
       specifications shall report immediately by telephone or telegraph to
       the FSS or FAA any observed or otherwise known extinguishment of any
       flashing obstruction light not corrected within 30 minutes.

    9. On November 20, 2007, at approximately 4:55 p.m., and again at
       approximately 8:30 p.m., a San Francisco agent observed that the red
       obstruction lights on antenna structure #1207183 were not functioning.
       When the San Francisco agent contacted the FAA Flight Service Station
       and found that New Inspiration had not reported the outage, the San
       Francisco agent made the report requesting the NOTAM. On November 28,
       2007, at approximately 5:30 p.m., a San Francisco agent observed that
       the red obstruction lights on antenna structure #1207183 were not
       functioning. When the San Francisco agent inspected the KTKZ(AM) main
       studio on November 30, 2007, he could find no logs concerning the
       light outage on antenna structure #1207183, and the KTKZ(AM) chief
       operator acknowledged that he was unaware of the light outage. The
       chief operator also reviewed the monitoring equipment for antenna
       structure #1207183 and the other antenna structures in its array and
       found that the system did not indicate any failure with any of the
       lights on the structures. The chief operator later contacted the San
       Francisco agent and acknowledged that there had been a failure of all
       the lights on antenna structure #1207183. New Inspiration's failure to
       observe a properly maintained indicator designed to register any
       lighting failure resulted in New Inspiration's failure to monitor the
       lights on antenna structure #1207183. This failure to monitor resulted
       in New Inspiration's failure to notify the FAA Flight Service Station
       of the outage of the flashing obstruction lights, which are required
       to be exhibited from sunset to sunrise. Based on the evidence before
       us, we find that New Inspiration apparently repeatedly violated
       Section 303(q) of the Act, and Sections 17.51(a), 17.47(a) and 17.48
       of the Rules, by failing to maintain the required red obstruction
       lighting on antenna structure #1207183; by failing to monitor the
       antenna structure's lights, using a properly maintained indicator
       designed to register any lighting failure; and by failing to report
       the extinguishment of the flashing obstruction lighting on antenna
       structure #1207183.

   10. 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 the instant
       case, we conclude that New Inspiration is apparently liable for a
       $10,000 forfeiture.

   IV. ORDERING CLAUSE

   11. 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, New Inspiration Broadcasting Co., 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 Sections 17.47(a), 17.48 and 17.51(a) of the
       Rules.

   12. 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, New Inspiration
       Broadcasting Co., Inc  SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

   13. 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.

   14. 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 and
       must include the NAL/Acct. No. referenced in the caption.

   15. 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.

   16. 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.

   17. 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 New Inspiration Broadcasting Co., Inc,
       4880 Santa Rosa Road, Suite 300, Camarillo, California 93012-5197.

   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(a).

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

   47 C.F.R. S: 17.48.

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

   New Inspiration is also the licensee of KTKZ(AM).

   See FAA Circular Number 70/7460-1J, Chapters 3, 4, 5 and 13.

   FAA Circular Number 70/7460-1J, Appendix 1, Figure 11.

   According to the U.S. Naval Observatory, sunset in the Sacramento,
   California, area occurred at 4:50 p.m., PST, on November 20, 2007.

   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(a).

   FAA Circular Number 70/7460-1J, Chapters 3, 4, 5 and 13, Appendix 1,
   Figure 11.

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

   47 C.F.R. S: 17.48.

   The San Francisco agent's request to issue a NOTAM was done to protect the
   public safety, given that the FAA- mandated lighting on the structure was
   not functioning and that the antenna structure was therefore a potential
   hazard to air navigation. We caution antenna structure owners, however,
   that it is incumbent upon them, and not a third party, to notify the FAA
   of any extinguishments or malfunctioning lights.

   12 12 FCC Rcd 17087(1997), recon. denied 15 FCC Rcd 303 (1999).

   13 47 U.S.C. S: 503(b)(2)(D).

   14 47 U.S.C. S:S: 303(q), 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80,
   17.47(a), 17.48, 17.51(a).

   15 See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       5

   Federal Communications Commission