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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of ) File No.: EB-02-SD-288


   Playa del Sol Broadcasters ) NAL/Acct. No. 200332940004

   Licensee, KRCK-FM )

   Mecca, California ) FRN 000-425-6426

                          MEMORANDUM OPINION AND ORDER

   Adopted:  January 25, 2007 Released:  January 29, 2007

   By the Assistant Chief, Enforcement Bureau:


    1. In this Memorandum Opinion and Order ("Order"), we deny the petition
       for reconsideration ("petition") filed by Playa del Sol Broadcasters
       ("Playa del Sol"). Playa del Sol seeks reconsideration of the
       Forfeiture Order  in which the Chief, Enforcement Bureau, found it
       liable for a monetary forfeiture in the amount of $12,000 for
       violation of Sections 11.35, 11.61, and 73.1125 of the Commission's
       Rules ("Rules"). The noted violations involve Playa del Sol's failure
       to ensure that required Emergency Alert System ("EAS") equipment was
       operational, failure to conduct required tests of Station KRCK-FM's
       EAS equipment and failure to maintain a main studio. In its petition,
       Playa del Sol does not dispute the violations but instead seeks
       rescission or reduction of the forfeiture, claiming an inability to


    2. The forfeiture amount in this case was assessed in accordance with
       Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       Section 1.80 of the Rules, and The Commission's Forfeiture Policy
       Statement and Amendment of Section 1.80 of the Rules to Incorporate
       the Forfeiture Guidelines. In examining Playa del Sol's petition,
       Section 503(b) of the Act requires that the Commission take into
       account the nature, circumstances, extent and gravity of the violation
       and, with respect to the violator, the degree of culpability, any
       history of prior offenses, ability to pay, and such other matters as
       justice may require.

    3. In its petition, Playa del Sol contends that its involvement in
       on-going litigation adversely impacts its ability to pay the
       forfeiture in this case. When considering an inability to pay claim,
       the Commission has determined that, in general, a licensee's gross
       revenues are the best indicator of its ability to pay a forfeiture. If
       gross revenues are sufficiently great, the mere fact that a business
       is operating at a loss does not itself mean that it cannot afford to
       pay a forfeiture. The Commission has also concluded that it is
       appropriate to take into account "income derived from other affiliated
       operations, as well as the financial status of the station(s) in
       question." Because Playa del Sol is operated as a sole proprietorship,
       it has provided the financial documentation of its sole proprietor,
       Edward R. Stolz II. We find that the documentation provided reflects
       that the amount of Mr. Stolz's gross income, when compared to the
       forfeiture amount, effectively negates the financial hardship claim.
       The instant forfeiture assessment and the percentage of gross income
       it represents falls within the range that has been found acceptable.
       Accordingly, we reject Playa del Sol's claim of inability to pay.


    4. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act
       and Section 1.106 of the Rules, Playa del Sol's petition for
       reconsideration IS DENIED.

    5. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, and
       Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Playa
       del Sol IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000
       for willfully and repeatedly violating Sections 11.25, 11.61, and
       73.1125 of the Rules.

   6. Payment of the forfeiture shall be made in the manner provided for in
   Section 1.80 of the Rules 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. Payment may be made by credit card to the Commission's
   Credit and Debt Management Center at (202) 418-1995 or by mailing a check
   or similar instrument, payable to the order of the Federal Communications
   Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.  Payment by
   overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street,
   Room 1540670, Pittsburgh, PA 15251.   Payment by wire transfer may be made
   to ABA Number 043000261, receiving bank Mellon Bank, and account
   number 911-6106. Requests for full payment under an installment plan
   should be sent to: Associate Managing Director - Financial Operations, 445
   12th St, SW, Room 1A625, Washington, DC 20554.

   7. IT IS FURTHER ORDERED THAT this Order shall be sent by regular mail and
   by certified mail, return receipt requested, to Playa del Sol
   Broadcasters, 801 K Street, 27^th Floor, Sacramento, California 95814 and
   its counsel, Lauren A. Greenberg, Esq., Crispin & Associates, P.L.L.C.,
   555 13^th Street, NW, Suite 420 West, Washington, DC 20004.


   George R. Dillon

   Assistant Chief, Enforcement Bureau

   Playa del Sol Broadcasters, Forfeiture Order, 19 FCC Rcd 16130 (Enf. Bur.

   47 C.F.R. SS 11.35, 11.61, 73.1125.

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

   47 C.F.R. S 1.80.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

   47 U.S.C. S 503(b)(2)(D).

   Petition for Reconsideration at 2; Supplement to Petition for
   Reconsideration at 2.

   PJB Communications of Virginia, Inc., Memorandum Opinion and Order, 7 FCC
   Rcd 2088, 2089 (1992).


   KASA Radio Hogar, Inc., Memorandum Opinion and Order,  17 FCC Rcd 6256,
   6258 (2002) (quoting  Emery Telephone, Memorandum Opinion and Order, 13
   FCC Rcd 23854, 23859-60 (1998), recon. denied, 15 FCC Rcd 7181 (1999)).

   See William Saunders, Memorandum Opinion and Order, 21 FCC Rcd 1028 (Enf.
   Bur. 2006) (financial documentation, including personal tax returns,
   considered to determine inability to pay when antenna structure was
   operated as a sole proprietorship); Maria L. Salazar, Memorandum Opinion
   and Order, 19 FCC Rcd 5050 (2004) (federal individual tax returns of
   licensee of radio station considered to determine licensee's ability to
   pay forfeiture).

   See Local Long Distance, Inc., Order of Reconsideration, 16 FCC Rcd 10016,
   10025 (2001) (forfeiture not deemed excessive where it represented
   approximately 7.9 percent of the violator's gross revenues); Hoosier
   Broadcasting Corporation, Memorandum Opinion and Order, 15 FCC Rcd 8640,
   8641 (Enf. Bur. 2002) (forfeiture not deemed excessive where it
   represented approximately 7.6 percent of the violator's gross revenues);
   Alpha Ambulance, Inc., Order, 19 FCC Rcd 2547, n.15 (February 5, 2004),
   citing PJB Communications, supra at 2089 (forfeiture not deemed excessive
   where it represented approximately 2.02 percent of the violator's gross

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

   47 C.F.R. SS 0.111, 0.311, 1.80(f)(4).

   47 C.F.R. S 1.80.

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

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 07-223


   Federal Communications Commission DA 07-223