Click here for Microsoft Word Version

This document was converted from
WordPerfect or Word to ASCII Text format.

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
Word or WordPerfect version or Adobe Acrobat version (above).


                           Before the 
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
KASA Radio Hogar, Inc.          )    File No. EB-00-SD-295
Licensee of Station KDAP(AM)   )     NAL/Acct. No. 200132940002
Phoenix, Arizona               ) 

                        FORFEITURE ORDER

     Adopted:  June 5, 2001                  Released:   June  7, 

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture  in the  amount of  fifteen thousand  dollars 
($15,000)  against  KASA  Radio  Hogar,  Inc.  (``KASA  Radio''), 
licensee of radio station KDAP(AM), for willful violation of  the 
following sections of the Commission's Rules ("Rules"):  73.54(d) 
(failure to provide  a copy of  the station's antenna  resistance 
and reactance measurements  during an inspection);  73.1350(c)(1) 
(failure to have the proper monitoring equipment installed at the 
duty operator position); 73.1590(a)(6) (failure to conduct annual 
equipment performance measurements);  and 73.3526(a)(2)  (failure 
to maintain a public inspection file)1.

                         II.  BACKGROUND

     2.   On November 17, 2000, the FCC's San Diego Field  Office 
("San Diego  Office") conducted  an inspection  of radio  station 
KDAP(AM) in Douglas, Arizona, after it received information  from 
the Enforcement Bureau's High Frequency Direction Finding  Center 
that  KDAP(AM)'s  carrier  frequency  measurement  exceeded   the 
frequency tolerance  in  violation  of Section  73.44(b)  of  the 
Rules.  The  inspection revealed  10 different  rule  violations, 
including the  violation of  Section 73.44(b).   On December  19, 
2000, the  District Director  of the  San Diego  Office issued  a 
Notice of Violation (``NOV'')  for the violations.  The  District 
Director of  the San  Diego Office  issued a  Notice of  Apparent 
Liability (``NAL'') to KASA Radio on February 15, 2001.

     3.   After being granted an extension of time to respond  to 
the NAL, KASA Radio submitted  its response to the Commission  on 
April 19, 2001.  In its response, KASA Radio does not dispute the 
violations, rather,  it  seeks  rescission or  reduction  of  the 
forfeiture amount because of KDAP(AM)'s financial condition.
                                        III. DISCUSSION

     4.   As the  NAL stated,  the Commission  will not  consider 
reducing or  canceling a  forfeiture in  response to  a claim  of 
inability to pay unless the petitioner submits documentation that 
accurately reflects  the petitioner's  current financial  status.  
KASA Radio has submitted financial information reflective only of 
the current financial condition of station KDAP(AM).  KASA  Radio 
is the licensee of  radio station KDAP(AM)  and the recipient  of 
the NAL.   The  Commission will  look  to the  current  financial 
condition of KASA Radio, the licensee, not an individual station, 
to determine its ability to  pay a forfeiture.    KASA Radio  has 
not submitted sufficient documentation  to enable us to  evaluate 
the licensee's current financial condition, therefore, we  cannot 
assess its ability to  pay the forfeiture amount.   Consequently, 
we must  deny its  request  for rescission  or reduction  of  the 
forfeiture based on its purported inability to pay.    
                      IV.  ORDERING CLAUSES

     5.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the 
Rules,2 KASA  Radio  of Hogar,  Inc.  IS LIABLE  FOR  A  MONETARY 
FORFEITURE in the  amount of fifteen  thousand dollars  ($15,000) 
for violating  Sections 73.54(d),  73.1350(c)(1),  73.1590(a)(6), 
and 73.3526(a)(2) of the Commission's Rules. 

     6.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Rules,3 within 30 days of the 
release of this Order.  If the forfeiture is not paid within  the 
period specified, the case may  be referred to the Department  of 
Justice for collection  pursuant to Section  504(a) of the  Act.4  
Payment may be  made by  mailing a check  or similar  instrument, 
payable to the order of the "Federal Communications  Commission," 
to  the  Federal  Communications  Commission,  P.O.  Box   73482, 
Chicago, Illinois 60673-7482.  The payment should note  NAL/Acct. 
No. 200132940002.  Requests for full payment under an installment 
plan should be sent to: Chief, Revenue and Receivables Group, 445 
12th Street, S.W., Washington, D.C. 20554.5

     7.   IT IS FURTHER ORDERED that,  a copy of this  Forfeiture 
Order shall be sent by Certified Mail Return Receipt Requested to 
counsel for  KASA Radio  of Hogar,  Inc., Wood,  Maines &  Brown, 
Attention: Paul Brown, 1827  Jefferson Place, NW, Washington,  DC 


                         David H. Solomon
Chief, Enforcement Bureau


  1     47  C.F.R.    73.54(d),  73.1350(c)(1),  73.1590(a)(6), 

  2    47 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  3    47 C.F.R.  1.80.

  4    47 U.S.C.  504(a).

  5    See 47 C.F.R.  1.1914.