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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                                
                                                                 
     In the Matter of           )                                
                                                                 
     Gold Coast Radio, LLC      )     File Number: EB-06-LA-114  
                                                                 
     Licensee of Station KMLA   )   NAL/Acct. No.: 200732900003  
                                                                 
     El Rio, California         )               FRN: 0003745254  
                                                                 
     Facility ID # 55273        )                                
                                                                 
                                )                                


                                FORFEITURE ORDER

   Adopted: June  11, 2007 Released:  June  13, 2007

   By the Regional Director, Western Region, Enforcement Bureau:

   I.  INTRODUCTION

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of three thousand, two hundred dollars ($3,200) to Gold
       Coast Radio, LLC ("Gold Coast"), licensee of station KMLA, an FM
       broadcast station serving El Rio, California, for repeatedly violating
       Section 73.1560(b) of the Commission's Rules (Rules). On December 22,
       2006, the Enforcement Bureau's Los Angeles Office issued a Notice of
       Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to
       Gold Coast for repeatedly operating its transmitter at a power level
       exceeding 105% of that authorized by its license. In this Order, we
       consider Gold Coast's arguments that an admonishment, rather than the
       base forfeiture amount, should be issued for the violation, and that
       the forfeiture amount should be reduced because Gold Coast has a
       history of compliance with the Commission's Rules.

   II. BACKGROUND

    2. On August 29, 2006, in response to complaints, Los Angeles agents
       monitored and made field strength measurements of KMLA's transmitted
       signal from a location 7 kilometers from the KMLA transmitter site. At
       that location, the field strength was measured at 17.2 mV/m, when
       measured with a field strength meter. The agents also set up a
       spectrum analyzer and sampling antenna at their hotel and observed the
       emissions mask and relative strength of the KMLA transmitter
       emissions. Agents made periodic observations at several times during
       the day and evening of August 29, 2006, and observed that the level of
       the signal transmitted by KMLA did not change.

    3. On August 30, 2006, the Los Angeles agents, after observing the signal
       level on the spectrum analyzer was consistent with their observations
       from the previous day, inspected the KMLA transmitter and observed the
       transmitter power meter which indicated that the KMLA transmitter
       output was 1022 watts. According to the station's license, KMLA is
       authorized to operate at 530 watts. The agents also interviewed KMLA
       station management personnel who reported that the station had been
       operating without a Chief Engineer or designated Chief Operator for a
       period of one month, and that there was no one available to adjust the
       transmitter. After the transmitter inspection, the Los Angles agents
       again measured the field strength of the KMLA signal from the same
       location as the previous day. At that location, the field strength was
       measured at 16.7 mV/m, when measured with a field strength meter,
       indicating a variance of 0.25 dB from the day before. The agents also
       observed the spectrum analyzer set up in the hotel room and noted that
       the KMLA signal level had not changed from the observations made on
       August 29, 2006, and earlier on August 30, 2006.

    4. On December 22, 2006, the Los Angeles Office issued a NAL in the
       amount of $4,000 to Gold Coast, finding that Gold Coast apparently
       repeatedly operated its transmitter at a power level exceeding 105% of
       that authorized by its license. Gold Coast filed a response
       ("Response") on January 18, 2007, arguing that an admonishment, rather
       than the base forfeiture amount, should be issued for that violation,
       and that the forfeiture amount should be reduced because Gold Coast
       has a history of compliance with the Commission's Rules

   III.  DISCUSSION

    5. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the 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  ("Forfeiture
       Policy Statement"). In examining Gold Coast's response, 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 other such matters as justice may
       require.

    6. Section 73.1560(b) states: "FM stations. Except as provided in
       paragraph (d) of this section, the transmitter output of an FM
       station...must be maintained as near as practicable to the authorized
       transmitter output power and may not be less than 90%, nor more than
       105% of the authorized power." On August 29, 2006, and August 30,
       2006, Los Angeles agents, through multiple observations and field
       strength measurements, determined that KMLA was operating at
       approximately 190% of its authorized power of 530 watts.

    7. Gold Coast does not dispute the facts detailed above concerning the
       overpower operation of the KMLA transmitter. Instead, Gold Coast
       argues that the base forfeiture of $4000 should be considerably
       reduced because if the Forfeiture Policy Statement and the statutory
       factors set forth in 503(b)(2)(D) are applied to this case, the
       sanction be an admonishment. We disagree. We are required to
       "determine whether to issue a warning or assess a forfeiture based on
       the nature and circumstances of the violation." As stated in the NAL,
       the Los Angeles Office took into account the statutory factors and the
       Forfeiture Policy Statement when assessing the proposed $4,000
       forfeiture amount. In its Response, Gold Coast offers no evidence to
       contradict the Los Angeles Office's determination concerning the
       nature, circumstances, extent and gravity of the violation and, with
       respect to the Gold Coast, the degree of culpability, ability to pay,
       and other such matters as justice may require. Gold Coast only offers
       the statement that it "has never before been cited for any rule
       violation" and therefore, the forfeiture amount should be reduced. We
       have reviewed our records and we agree. Therefore, we find that Gold
       Coast has shown only one factor, history of prior offenses, as
       relevant to sustain a reduction of the base forfeiture amount.
       Consequently, we reduce the forfeiture amount to $3,200.

    8. Gold Coast argues that the forfeiture should be cancelled because of
       Gold Coast's "exemplary history of overall compliance," and cites to
       Tidewater Communications, Inc. In Tidewater, the Enforcement Bureau
       ("Bureau") cancelled a $10,000 forfeiture assessed against Tidewater
       Communications for willfully failing to light its antenna structure in
       Windsor, Virginia, in violation of Section 17.51(a) of the Rules. The
       Bureau noted that Tidewater had produced evidence showing, among other
       things, that Tidewater had made good faith efforts to inspect the
       antenna structure lights and light extinguishment alarm system prior
       to the inspection which resulted in the forfeiture. The Bureau also
       noted that Tidewater had a history of compliance with the Commission's
       Rules. In the present case, while we acknowledge that Gold Coast has a
       history of compliance with the Rules, Gold Coast has produced no
       evidence to support it made a good faith effort to comply with Section
       73.1560(b) or, for that matter, what efforts, if any, it has taken to
       resolve the violation and prevent its recurrence. Reductions based on
       good faith efforts to comply generally involve situations where
       violators demonstrate that they initiated measures to correct or
       remedy violations prior to a Commission inspection or investigation.
       Because Gold Coast has failed to demonstrate any good faith efforts to
       comply, we reject this argument.

    9. Based on the information before us, having examined it according to
       the statutory factors above, and in conjunction with the Forfeiture
       Policy Statement, we find that reduction of the proposed forfeiture to
       $3,200 is warranted.

   IV. ORDERING CLAUSES

   10.  ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), and Sections 0.111,
       0.311 and 1.80(f)(4) of the Commission's Rules, Gold Coast Radio, LLC
       , IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for
       repeatedly violating Section 73.1560(b) of the Rules.

   11. 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 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/Acct. No.
       and FRN No. referenced above.  Payment by check or money order may be
       mailed to 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, Room
       1A625, 445 12th Street, S.W., Washington, D.C. 20554.

   12. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Gold Coast
       Radio, LLC, at its address of record, and David Tillotson, Esquire,
       its counsel of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   47 C.F.R. S 73.1560(b).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732900003
   (Enf. Bur., Western Region, Los Angeles Office, released December 22,
   2006).

   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)(E).

   47 C.F.R. S 73.1560(b) (Operating power and mode tolerances).

   Forfeiture Policy Statement, 12 FCC Rcd at 17102.

   18 FCC Rcd 5524 (EB 2003).

   47 C.F.R. S 17.51(a).

   The evidence apparently also included technical information on what caused
   the apparent rule violation and steps taken to prevent the apparent
   violation from recurring. 18 FCC Rcd at 5525.

   See Radio One Licenses, Inc., 18 FCC Rcd 15964, 15965 (2003), recon.
   denied, 18 FCC Rcd 25481 (2003).

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 73.1560(b).

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

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 07-2443

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   Federal Communications Commission DA 07-2443