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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of
)
Multicultural Radio Broadcasting,
Inc. ) File Number: EB-09-LA-0029
Antenna Structure Registrant ) NAL/Acct. No.: 200932900002
Pomona, California ) FRN: 0005086368
ASR # 1014422 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: May 4, 2009
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 Multicultural Radio Broadcasting, Inc. ("MRBI"), registered owner
of antenna structure # 1014422, in Pomona, California, apparently
repeatedly violated Section 17.57 of the Commission's Rules ("Rules")
by failing to immediately notify the Commission of a change in
ownership information for antenna structure # 1014422. We conclude,
pursuant to Section 503(b) of the Communications Act of 1934, as
amended ("Act"), that MRBI is apparently liable for a forfeiture in
the amount of three thousand dollars ($3,000).
II. BACKGROUND
2. On March 3, 2009, an agent of the Enforcement Bureau's Los Angeles
Office conducted an inspection of antenna structure # 1014422, located
near the intersection of East Olive St. and Mills Ave., Pomona,
California. The agent observed the antenna structure registration
number and "KAHZ" posted on a sign attached to the perimeter fencing
at the tower site. A search of the Commission's Antenna Structure
Registration ("ASR") database revealed that antenna structure #
1014422 was registered to SPECTRUM ENTERPRISES DBA = KMNY.
3. On March 4, 2009, an agent called Multicultural Radio Broadcasting
Licensee, LLC ("MRBL"), licensee of AM station KAHZ and spoke to an
employee who informed the agent that KMNY was the previous owner of
the tower.
4. On March 5, 2009, MRBI filed an application, updating ownership
information for antenna structure # 1014422. The Commission granted
that application and subsequently listed MRBI as the owner of antenna
structure # 1014422 on its ASR.
5. On March 10, 2009, the Los Angeles Office issued a Letter of Inquiry
("LOI") to MRBL asking if it was the owner of antenna structure #
1014422. On March 24, 2009, the Los Angeles Office received a response
to the LOI from MRBI/MRBL which stated that MRBI was the current owner
of antenna structure # 1014422. According to the response, MRBI
acquired antenna structure # 1014422 in November of 1998.
III. DISCUSSION
6. 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.
7. 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 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.
8. According to the LOI Response, MRBI acquired antenna structure #
1014422 in November, 1998. As of March 3, 2009, the Commission's ASR
database showed SPECTRUM ENTERPRISES DBA = KMNY (the antenna
structure's previous owner) as the owner of the structure. MRBI's
application to update the ownership information in the Commission's
ASR database was filed on March 5, 2009.
9. From November of 1998, until March 5, 2009, MRBI failed to notify the
Commission that it had acquired antenna structure # 1014422. This
violation occurred for more than one day, therefore, it is repeated.
Based on the evidence before us, we find that MRBI apparently
repeatedly violated Section 17.57 of the Rules by failing to
immediately notify the Commission about a change in ownership for
antenna structure # 1014422 in Pomona, California.
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 failure to file required forms or
information 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)(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, and the
statutory factors to the instant case, we conclude that MRBI is
apparently liable for a $3,000 forfeiture.
IV. ORDERING CLAUSES
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,
0.314 and 1.80 of the Commission's Rules, Multicultural Radio
Broadcasting, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of three thousand dollars ($3,000) for
violations of Section 17.57 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, Multicultural Radio
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.
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/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). 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. Multicultural Radio
Broadcasting, Inc. will also send electronic notification on the date
said payment is made to WR-Response@fcc.gov.
14. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Western Region, Los Angeles Office,
18000 Studebaker Road, 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.
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. 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 Multicultural Radio Broadcasting, Inc.
FEDERAL COMMUNICATIONS COMMISSION
Nader Haghighat
District Director
Los Angeles Office
Western Region
Enforcement Bureau
47 C.F.R. S: 17.57.
47 U.S.C. S: 503(b).
Antenna structure # 1014422 is required to have painting and lighting in
accordance with FCC Paragraphs 1, 3, 11 and 21.
MRBI is the parent company of MRBL.
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."
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.
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, 17.57.
See 47 C.F.R. S: 1.1914.
(...continued from previous page)
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Federal Communications Commission
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Federal Communications Commission