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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
     In the Matter of                    )                               
                                                                         
     Caron Broadcasting, Inc.            )   File Number EB-09-MA-0007   
                                                                         
     Licensee of AM Radio Station WKAT   )   NAL/Acct. No. 201032600001  
                                                                         
     North Miami, FL                     )   FRN: 0003760352             
                                                                         
     Facility ID Number: 27713           )                               
                                                                         
                                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released: February 8, 2010

   By the Resident Agent, Miami Office, South Central Region, Enforcement
   Bureau:

   I. Introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Caron Broadcasting, Inc. ("Caron"), licensee of station WKAT, in
       North Miami, Florida, apparently willfully and repeatedly violated
       Sections 73.1745(a) and 73.3526 of the Commission's Rules ("Rules") by
       operating at times with power other than those specified in its
       license and failing to maintain and make available a complete public
       inspection file. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Caron is
       apparently liable for a forfeiture in the amount of eight thousand
       dollars ($8,000). We also admonish Caron for the failure of the
       station's chief operator to review, sign and date the station logs on
       a weekly basis as required under Section 73.1870(c)(3) of the Rules.

   II. BACKGROUND

    2. On January 13, 2009, the Commission's Miami Office of the Enforcement
       Bureau ("Miami Office") received a complaint that station WKAT was not
       reducing power at night as required. WKAT is authorized to operate on
       1360 kHz under AM Broadcast Station License, File No. BL-19871123AK,
       facility ID 27713. WKAT's license authorizes a transmitter operating
       power of 5,000 watts for daytime, and 542 watts at night. During the
       month of January, at this location, daytime operating power is
       authorized only between the hours of 7:15 a.m. (average monthly local
       sunrise) and 5:45 p.m. (average monthly local sunset).

    3. On January, 26, 2009, an agent from the Miami Office monitored WKAT's
       transmissions from approximately 5:00 p.m. until 7:00 p.m. The agent
       made several field strength measurements of the station's signal and
       observed no reduction in the transmissions' field strength after
       sunset.

    4. On January, 27, 2009, an agent from the Miami Office monitored WKAT's
       transmissions from approximately 5:25 p.m. until 6:45 p.m. The agent
       made several field strength measurements of WKAT's signal and observed
       no reduction in the transmissions' field strength after sunset. At
       6:43 p.m., the agent made a field strength measurement of the
       station's signal one block from the WKAT studio.

    5. On February 5, 2009, at 11:01 a.m., an agent from the Miami Office
       made a field strength measurement of the station's signal one block
       from WKAT's main studio, which measured approximately the same level
       as the nighttime measurement that was made there on January 27, again
       indicating that WKAT was not reducing its power at night. The agent
       immediately conducted an inspection of WKAT's main studio with the
       station's general manager and designated chief operator. The chief
       operator stated that the station uses a remote phone monitoring
       system, which allows the caller to change from day mode (mode "2") to
       night mode (mode "1"). At 11:55 a.m., the chief operator called the
       transmitter using the remote monitoring system, which indicated that
       the daytime mode transmitter power was 4,758 watts. At the request of
       the agent, the chief operator switched the transmitter to nighttime
       mode, and the system indicated that the power was 316 watts. At 1:45
       p.m., with the WKAT transmitter in nighttime mode, the agent made a
       field strength measurement near the WKAT studio which was much lower
       than the daytime mode measurement made earlier that day. This
       measurement confirmed that the station's transmitter and transmitter
       remote control system were functioning properly.

    6. Still on February 5, 2009, the agent inspected WKAT's available daily
       transmitter logs, which showed that from December 4, 2008 until
       February 4, 2009, WKAT was not reducing power at night as required by
       its license. All the log entries made during the daytime and nighttime
       were in the range of approximately 4,600 to 4,900 watts, and indicated
       that the transmitter was in mode "2," the day mode, at all times. The
       log entries for the early morning hours of February 5, 2009 indicated
       that WKAT was operating at nighttime power at that time. Neither the
       station manager nor the chief operator could explain why the power was
       not being reduced, or why or how the situation was corrected early
       that morning. The agent also found that none of the station logs were
       signed by the chief operator or by anyone else. There was apparently
       no verification of whether or not the station was operating with
       authorized power, and no initiation of any corrective action for the
       overpower condition that had been ongoing for several months. The
       agent also requested to inspect the station's public inspection file
       and found that it did not contain the quarterly radio issues/programs
       lists for the 1st through 4th quarters of 2008. The station manager
       stated that he did not know where the issues/programs lists were, but
       that they may be in storage since WKAT moved its studio in August
       2008.

   III. DISCUSSION

    7. 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) of the Act 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.

    8. Section 73.1745(a) of the Rules requires that no broadcast station
       shall operate at times, or with modes or power, other than those
       specified and made a part of the license, unless otherwise provided in
       this part. Station WKAT's authorization specifies that the station
       must reduce power to 542 watts at local sunset time. Field strength
       measurements taken by a FCC agent showed that WKAT failed to reduce
       power at local sunset time on January 26 and 27, 2009. Transmitter
       logs show that, prior to the inspection on February 5, 2009, the
       station had not reduced power at nighttime for several months. The
       transmitter logs also show that the station was operating with between
       4,600 to 4,900 watts at night for several months. There was no
       evidence that the station transmitter or transmitter remote control
       system was malfunctioning.

    9. Section 73.3526 of the Rules states that "[e]very permittee or
       licensee of an AM, FM, TV or a Class A station in the commercial
       broadcast services shall maintain a public inspection file containing
       the material" set forth in this section.  The public inspection file
       shall be maintained at the main studio of the station. The file shall
       be available for public inspection at any time during regular business
       hours. 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. Copies of
       the lists must be retained in the public inspection file until final
       action has been taken on the station's next license renewal
       application. The list shall include a brief narrative describing what
       issues were given significant treatment and the programming that
       provided this treatment. The description of the programs shall
       include, but shall not be limited to, the time, date, duration, and
       title of each program in which the issue was treated. On February 5,
       2009, during regular business hours, an agent of the Miami Office
       requested to inspect station WKAT's public inspection file at the
       station's main studio and found that the file did not contain
       quarterly radio issues/programs lists for the 1st through 4th quarters
       of 2008. The station manager did not know where the issues/programs
       lists were located.

   10. Based on the evidence before us, we find that Caron  apparently
       willfully and repeatedly violated Sections 73.1745(a) and 73.3526 of
       the Rules by failing to reduce power to the authorized nighttime
       levels, and failing to maintain required radio issues/programs lists
       in the public inspection file. We also find that Caron apparently
       willfully failed to make available a complete public inspection file.

   11. Section 73.1870(c)(3) of the Rules provides that the chief operator is
       responsible for reviewing the station logs at least once each week to
       determine if required entries are being made correctly. Additionally,
       verification must be made that the station has been operated as
       required by the rules or the station authorization. Upon completion of
       the review, the chief operator or his designee must date and sign the
       log, initiate any corrective action which may be necessary, and advise
       the station licensee of any condition which is repetitive. On February
       5, 2009, an agent from the Miami Office found that none of the
       available station logs were signed by the chief operator or by anyone
       else. Thus, there was no verification of whether or not the station
       was operating with authorized power, and no initiation of any
       corrective action for the overpower condition that had been ongoing
       for several months. We therefore admonish Caron for violating Section
       73.1870(c)(3) of the Rules.

   12. 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 exceeding power limits is $4,000, and the
       base forfeiture amount for violation of public inspection file rules
       is $10,000. Because station WKAT's public inspection file contained a
       portion of the items required, a downward adjustment of the base
       forfeiture amount to $4,000 is warranted. 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 of
       the Rules, and the statutory factors to the instant case, we conclude
       that Caron is apparently liable for an $8,000 forfeiture.

   IV. ORDERING CLAUSES

   13. 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, Caron Broadcasting Inc., is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of eight thousand dollars ($8,000) for violations of Sections
       73.1745(a) and 73.3526 of the Rules.

   14. IT IS FURTHER ORDERED that Caron Broadcasting, Inc. IS ADMONISHED for
       its violation of Section 73.1870(c)(3) of the Rules.

   15. 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, Caron 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.

   16. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the 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 Federal Reserve Bank of New York, 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.   If you have
       questions, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made,
       Caron will send electronic notification on the date said payment is
       made to SCR-Response@fcc.gov.

   17. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Miami Office, PO
       Box 520617, Miami, FL 33152, and must include the NAL/Acct. No.
       referenced in the caption.

   18. 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.

   19. 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 Caron Broadcasting, Inc. at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Steven DeSena

   Resident Agent

   Miami Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 73.1745(a), 73.3526.

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

   See 47 C.F.R. S: 73.1720.

   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. 73.1745(a).

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

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

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

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

   47 C.F.R. S: 73.1870(c)(3).

   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, 73.1745(a),
   73.3526.

   47 C.F.R. 73.1870(c)(3).

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       5

   Federal Communications Commission