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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                              
                                                               
                                )                              
     In the Matter of                                          
                                )                              
     ASA Broadcasting, Inc.         File Number EB-07-TP-195   
                                )                              
     Licensee of Station WXYB       NAL/Acct. No.200832700013  
                                )                              
     Indian Rocks Beach, FL         FRN 0000017558             
                                )                              
     Facility ID #2918                                         
                                )                              
                                                               
                                )                              


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                      Released: April 8, 2008

   By the District Director, Tampa Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that ASA Broadcasting, Inc. ("ASA"), licensee of AM station WXYB,
       Indian Rocks Beach, FL, apparently willfully and repeatedly violated
       Section 73.1745(a) of the Commission's Rules ("Rules") by failing to
       go off the air post sunset as specified in its station authorization.
       We conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that ASA is apparently liable for a
       forfeiture in the amount of four thousand  dollars ($4,000).

   II. BACKGROUND

    2. On September 27, 2007, in response to a complaint, agents from the
       Commission's Tampa Office of the Enforcement Bureau ("Tampa Office")
       monitored station WXYB in Indian Rocks Beach, FL from approximately
       5:30 PM until 9:00 PM. The agents observed that the station remained
       on the air during this entire period of time. Station WXYB is
       authorized only for daytime operations and local sunset on this date
       was 7:23 PM.

    3. On October 1, 2007, agents from the Tampa Office again monitored the
       station's transmissions from approximately 5:30 PM until 9:00 PM. The
       agents observed that the station remained on the air during this
       entire period of time. Local sunset on this date was 7:18 PM.

    4. On December 7, 2007, agents from the Tampa Office, accompanied by the
       President and Chief Operator of ASA, inspected station WXYB. Although
       they were able to reduce power, neither the Chief Operator nor the
       President was able to take the station off the air during the
       inspection. Both were unaware of this equipment malfunction or that
       the station was operating after sunset. The Chief Operator was unable
       to produce any station logs for the station. On December 10, 2007, the
       Chief Operator contacted the Tampa Office and stated that the station
       was still not going off the air at sunset but was reducing power at
       sunset.

   III. DISCUSSION

    5. 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) of the Act 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.

    6. Section 73.1745(a) of the Rules requires that no broadcast station
       shall operate at times, or with modes or power, other than those
       specified and made a part of the license, unless otherwise provided in
       this part. Station WXYB is only authorized to operate during the day.
       On September 27 and October 1, 2007, agents from the Tampa Office
       observed that station WXYB remained on the air post sunset local time.
       The agents monitored station WXYB's transmissions from approximately
       5:30 until 9:00 PM on both dates and observed that the station
       remained on the air the entire time. On December 7, 2007, ASA was
       unable to take station WXYB off the air. On December 10, 2007, ASA
       stated it was still unable to take its station off the air at sunset.

    7. Based on the evidence before us, we find that ASA  apparently
       willfully and repeatedly violated Section 73.1745(a) of the Rules by
       failing to go off the air post sunset as specified in the station
       authorization.

    8. 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 unauthorized emissions 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)(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. Applying the Forfeiture Policy
       Statement, Section 1.80 of the Rules, and the statutory factors to the
       instant case, we conclude that ASA  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, ASA Broadcasting, Inc. is hereby NOTIFIED of this
   APPARENT LIABILITY FOR A FORFEITURE in the amount of four  thousand
   dollars ($4,000) for violations of Section 73.1745(a) of the 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, ASA Broadcasting, Inc.
       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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment[s] by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.   Please contact the Financial Operations
       Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with
       any questions regarding payment procedures.

   12. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Tampa Office,
       2203 N. Lois Ave., Suite 1215, Tampa, FL, 33607 and must include the
       NAL/Acct. 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. 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 ASA Broadcasting, Inc. at its address
       of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph M. Barlow

   District Director

   Tampa Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 73.1745(a).

   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: 73.1745(a).

   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. S:S: 0.111, 0.311, 0.314, 1.80, 73.1745(a).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission