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                                                        
                                            )                                
     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)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission