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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
                                            )                                
     In the Matter of                                                        
                                            )   File Number:  EB-08-LA-0028  
     Creative Broadcasting Services, Inc.                                    
                                            )              NAL/Acct. No.:    
     Licensee of KTOX(AM)                                      200832900005  
                                            )                                
     Needles, California                                  FRN:   0009374208  
                                            )                                
     Facility ID # 12189                                                     
                                            )                                
                                                                             
                                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released: July  29, 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 Creative Broadcasting Services, Inc. ("Creative"), licensee of
       station KTOX(AM)  in Needles, 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 Creative 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 station
       KTOX(AM) located at 100 Balboa Place, Needles, California. At the time
       of the inspection, the agent observed that the station's public
       inspection files  appeared to be incomplete.  Specifically, the files
       contained no quarterly radio issues/programs lists for the second
       quarter of 2006 and the first, second, third and fourth quarters of
       2007.

    3. At the time of the inspection, Creative's president  acknowledged that
       no quarterly radio issues/programs lists were in the public file for
       2007, and he  was unable to locate the quarterly radio issues/programs
       lists for 2007 on his computer. Later that day, Creative's president 
       faxed the Los Angeles Office a list of ten items which he said was the
       KTOX 2007 quarterly radio issues/programs list, that he found on an
       external drive for his computer. 

   III. DISCUSSION

    4. 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.3 The term "repeated" means the commission or omission of
       such act more than once or for more than one day.4

    5. 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.5 Further, as required by
       Section 73.3526(b), the public inspection file shall be maintained at
       the station's main studio location.6

    6. 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.7 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. On the day of the
       inspection, the public inspection files for KTOX(AM) contained no
       quarterly radio issues/program lists for the 2nd quarter of 2006 and
       the 1st, 2nd, 3rd and 4th quarters of 2007.

    7. In the most recent KTOX renewal application,8 in response to Section
       III, Question 3, Creative certified that the public inspection file
       for KTOX had the proper documentation as required by Section 73.3526
       of the Rules. Creative was aware of the requirement to have a complete
       public inspection file, given its response on the KTOX renewal
       application; therefore, Creative's violation is willful. No evidence
       could be found to indicate that any of the materials missing from the
       public inspection file were in place prior to the inspection.
       Therefore, Creative'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.  9   Based on the evidence before us, we find that
       Creative 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 station KTOX(AM).

    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 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)(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.10 In this case, although the public inspection file was
       partially complete, it did not contain 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 Creative 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, Creative Broadcasting
       Services, Inc. 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.11

   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, Creative Broadcasting
       Services, Inc., 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). Creative Broadcasting Services, Inc., shall also send
       electronic notification on the date said payment is made to
       WR-Response@fcc.gov.

   11. 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. 20554.12 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, 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.

   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 Creative Broadcasting Services, Inc.,
       at its 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).

   3 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).

   4 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."

   5 47 C.F.R. S: 73.3526(a)(2).

   6 47 C.F.R. S: 73.3526(b).

   7 47 C.F.R S: 73.3526(e)(12).

   8  See BR-20050801BKT, granted November 29, 2005.

   9 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)). We note that while the Rules state
   that all or part of the public inspection file may be maintained in a
   computer database, the computer terminal must be made available to the
   public. See 47 C.F.R. S: 73.3526(c). At the time of the inspection by the
   Los Angeles agent, the missing quarterly issues/programs lists were not
   located on a public computer terminal.

   10 47 U.S.C. S: 503(b)(2)(E).

   11 47 U.S.C. S: 503(b), 47 C.F.R. S:S:0.111, 0.311, 0.314, 1.80, 73.3526.

   12 See 47 C.F.RS: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission