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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                                 
                                                                      
     In the Matter of               )                                 
                                                                      
     MBR Licensee, LLC              )                                 
                                                                      
     Licensee of:                   )                 File Number:    
                                                       EB-08-LA-0029  
     KIQQ(AM)                       )                                 
                                          File Number: EB-08-LA-0031  
     Barstow, California            )                                 
                                         NAL/Acct. No.: 200832900003  
     Facility ID # 60423            )                                 
                                                    FRN:  0005031349  
     KIQQ-FM                        )                                 
                                                                      
     Newberry Springs, California   )                                 
                                                                      
     Facility ID # 79388            )                                 
                                                                      
                                    ))                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                      Released: May  30, 2008

   By the Acting Interim District Director, Los Angeles Office, Western
   Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that MBR Licensee, LLC ("MBR"), licensee of station KIQQ(AM)  in
       Barstow, California, and station KIQQ-FM in Newberry Springs,
       California, apparently willfully and repeatedly violated Section 
       73.3526  of the Commission's Rules ("Rules") by failing to maintain a
       complete public inspection file. We conclude, pursuant to Section
       503(b) of the Communications Act of 1934, as amended ("Act"), that MBR
       is apparently liable for a forfeiture in the amount of four thousand
       dollars ($4,000).

   II. BACKGROUND

    2. On February 6, 2008,  an agent  from the Enforcement Bureau's Los
       Angeles Office conducted an inspection of the main studio for stations
       KIQQ(AM) and KIQQ-FM located at 710 US Highway 58, Barstow,
       California. MBR is the licensee of both stations. At the time of the
       inspection, the agent observed that the stations' public inspection
       files  appeared to be incomplete.  When the agent questioned an
       employee at the main studio about the files, she indicated that the
       two stations did not have the public file material in question as the
       previous employee did not file and/or maintain the material and the
       records could not be located. The agent explained to the employee that
       some of the same type of records were missing during a prior
       inspection by the Los Angeles Office on May 2, 2006, and re-inspection
       on August 1, 2006.

    3. During the inspection, the Los Angeles agent found that the public
       inspection files contained no ownership reports and no political
       files. The agent also found that the stations' public inspection files
       contained no quarterly radio issues/programs lists for the second,
       third and fourth quarters of 2006 and third and fourth quarters of
       2007.

    4. On February 13, 2008, the Los Angeles Office received a fax from the
       Chief Operator at station KAEH-FM explaining that the public files at
       stations KIQQ(AM) and KIQQ-FM were incomplete due to a previous
       employee not maintaining the records as instructed by management. The
       employee was replaced and management began working with the new
       employee to reconstruct the public files.  Later on February 13, 2008,
       the Los Angeles Office received by mail copies of missing quarterly
       radio issues/programs lists for the 3rd and 4th quarters of 2007. No
       ownership information, no quarterly radio issues/programs lists for
       the 2nd, 3rd or 4th quarters of 2006, and no political file
       information was provided. Subsequent to a previous inspection
       conducted on May 2, 2006, the general manager of KAEH-FM stated to an
       agent of the FCC's Los Angeles Office that she was creating both
       political and ownership files for the stations. However, no such files
       existed at the time of the most recent inspection.

   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) 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 73.3526(a)(2) of the Rules requires that every licensee of an
       AM and 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 public inspection file shall be maintained at
       the station's main studio location.

    7. Section 73.3526(e)(5) of the Rules requires licensees to place in
       their public inspection file the most recent and complete copy of the
       ownership report, along with any licensee statements certifying that
       the report is accurate. Examination of KIQQ(AM) and KIQQ-FM's public
       inspection files revealed no ownership reports or certifications.

    8. Section 73.3526(e)(6) of the Rules requires licensees to place in
       their public inspection file the records required by Section 73.1943
       of the Rules concerning broadcasts by candidates for public office.
       Section 73.1943 requires the political file to be "a complete and
       orderly record . . . of all requests for broadcast time made by or on
       behalf of a candidate for public office [and] . . . [w]hen free time
       is provided for use by or on behalf of candidates, a record of the
       free time provided shall be placed in the political file." Examination
       of the KIQQ(AM) and KIQQ-FM public inspection files revealed no
       political files.

    9. Section 73.3526(e)(12) of the Rules requires licensees to place in
       their public inspection file, for each 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 radio issues/programs list and copies of the lists
       must be maintained in the file until final action has been taken on
       the station's next renewal application. The public inspection files
       for KIQQ(AM) and KIQQ-FM contained no quarterly radio issues/program
       lists for the 2nd, 3rd or 4th quarters of 2006 and 3rd and 4th
       quarters of 2007.

   10. MBR  was aware of the requirement to have a complete public inspection
       file, based on the previous inspections conducted by the Los Angeles
       Office on May 2, 2006, and August 1, 2006, as well as the December 4,
       2006 NAL. Therefore, MBR's violation was willful. No evidence could be
       found to indicate that any of the materials missing from the public
       inspection file were ever in place. Therefore, MBR'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.   Based on
       the evidence before us, we find that MBR  apparently willfully and
       repeatedly violated Section 73.3526  of the Rules by failing to
       maintain complete public inspection files at the main studio location
       for stations KIQQ(AM) and KIQQ-FM.

   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 violation of the public file rules is ten
       thousand dollars ($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. In this case, although the public inspection file was
       partially complete, it did not contain several required items, in
       particular, a political file, the most recent ownership report or
       certification, and multiple quarters of the radio issues/programs
       lists. We therefore conclude a forfeiture amount of $4,000 is
       appropriate. Applying the Forfeiture Policy Statement, Section 1.80,
       and the statutory factors to the instant case, we conclude that MBR is
       apparently liable for a  $4,000 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, MBR Licensee, LLC, is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       four thousand dollars ($4,000) for violation of Section 73.3526 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, MBR Licensee, LLC, SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture. 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 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). MBR Licensee, LLC,
       shall also send electronic notification on the date said payment is
       made to WR-Response@fcc.gov.

   14. 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.

   15. 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. An electronic
       copy shall be sent to WR-Response@fcc.gov.

   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. 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 MBR Licensee, LLC,  at  the address of
       record. 

   FEDERAL COMMUNICATIONS COMMISSION

   Leo E. Cirbo

   Acting Interim District Director

   Los Angeles Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 73.3526.

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

   The Los Angeles Office issued a Notice of Apparent Liability for
   Forfeiture in the amount of $4,000 to MBR on December 4, 2006, for
   violations of Section 73.3526 at stations KIQQ(AM) and KIQQ-FM ("December
   4, 2006, NAL"). MBR paid the proposed forfeiture amount in full. See 47
   U.S.C. S: 504(c).

   MBR is also the licensee of KAEH-FM, serving Beaumont, California.

   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)(5).

   47 C.F.R. S: 73.1943.

   47 C.F.R. S: 73.1943(a), (b). Section 73.1943(c) requires that "[a]ll
   records required by this paragraph shall be placed in the political file
   as soon as possible and shall be retained for a period of two years. As
   soon as possible means immediately absent unusual circumstances." 47
   C.F.R. S: 73.1943(c).

   47 C.F.R. S: 73.3526(e)(12).

   See Padre Serra Communications, Inc., 14 FCC Rcd 9709 (1999) (citing
   Gaffney Broadcasting, Inc., 23 FCC 2d 912, 913 (1970) and Eleven Ten
   Broadcasting Corp., 33 FCC 706 (1962)).

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

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 73.3526.

   See47 C.F.R.S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       5

   Federal Communications Commission