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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
     In the Matter of                                                        
                                             )                               
     Hispanic Target Media, Inc.                                             
                                             )    File Number EB-09-SD-0055  
     Licensee of FM Broadcast Station                                        
     KUKY(FM)                                )   NAL/Acct. No. 201032940001  
                                                                             
     Wellton, Arizona                        )               FRN 0011335098  
                                                                             
     Facility ID # 162388                    )                               
                                                                             
                                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: December 21, 2009

   By the District Director, San Diego District Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Hispanic Target Media, Inc. ("HTM"), licensee of station
       KUKY(FM), in Wellton, Arizona, apparently willfully and repeatedly
       violated Section 73.3526(a), (b), and (c) of the Rules for failing to
       maintain a public inspection file, failing to maintain the public
       inspection file at the main studio of the station, and failing to make
       the KUKY public inspection file available for public inspection during
       regular business hours. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Hispanic Target
       Media, Inc., is apparently liable for a forfeiture in the amount of
       ten thousand dollars ($10,000).

   II. BACKGROUND

    2. On September 24, 2009, San Diego agents attempted to conduct a station
       inspection of the KUKY(FM) main studio, which is located in Yuma,
       Arizona. The agents were greeted by the station's general manager and
       began their inspection. The agents requested to view KUKY's public
       inspection file, however, the station manager did not understand the
       agents' request. The station manager said that KUKY, which began
       operations on May 20, 2009, had not maintained a public inspection
       file and none was available to be reviewed. When asked why no public
       inspection file was maintained, the station manager replied he was not
       aware one was required and that one had never been maintained at KUKY.

   III. DISCUSSION

    3. 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.

    4. Sections 73.3526(a) and (b) of the Rules requires that all FM
       Broadcast stations maintain a public inspection file and that the file
       be located at the main studio of the station.  Section 73.3526(c) of
       the Rules requires that the file be available for public inspection at
       any time during regular business hours. On September 24, 2009, the San
       Diego agents attempted to inspect the file during regular business
       hours, but were unable to access the file. Although station KUKY was
       recently constructed and began operations on May 20, 2009, the
       licensee holds authorizations or construction permits for seven other
       FM Broadcast radio stations, and has one pending application for
       another FM Broadcast station with the Commission.  As a licensee with
       multiple broadcast holdings, HTM is aware of the requirement to
       maintain a public inspection file. Therefore, its violation was
       willful. Because no public inspection file was ever maintained since
       the beginning of KUKY's operations, the violation has occurred on more
       than one day, therefore, it was repeated.

    5. 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 for violations of the public file rules is $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. Applying the Forfeiture Policy
       Statement, Section 1.80, and the statutory factors to the instant
       case, we conclude that HTM is apparently liable for a forfeiture in
       the amount of $10,000.

   IV. ORDERING CLAUSES

    6. 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, Hispanic Target Media, Inc.,
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of ten thousand dollars ($10,000) for violation of Sections
       73.3526(a), (b) and (c) of the Rules.

    7. 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, Hispanic Target Media,
       Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL
       FILE a written statement seeking reduction or cancellation of the
       proposed forfeiture.

    8. 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. Hispanic Target Media, Inc.,
       will also send electronic notification on the date said payment is
       made to WR-Response@fcc.gov.

    9. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, San Diego Office, 4542
       Ruffner St. - Suite 370, San Diego, CA 92111 and must include the
       NAL/Acct. No. referenced in the caption. An electronic copy shall be
       sent to WR-Response@fcc.gov.

   10. 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.

   11. 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 Hispanic Target Media, Inc.

   FEDERAL COMMUNICATIONS COMMISSION

   William R. Zears Jr.

   District Director

   San Diego District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 73.3526(a), (b), and (c).

   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: 73.3526(a) and (b).

   47 C.F.R. S: 73.3526(c).

   HTM holds licenses for the following FM broadcast stations: KAJP(FM),
   Carrizo Springs, TX; KALN(FM), Dexter, NM; KGWT(FM), George West, TX;
   KRIK(FM), Refugio, TX; KJJS(FM), Zapata, TX; and WAJP(FM), Perry, FL. HTM
   also holds a construction permit for Facility ID No. 162401, Nassawadox,
   TX. In addition, HTM was the successful bidder for nine allotments in FCC
   Auction 79.

   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 and
   73.3526(a), (b) and (c).

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission