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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                                
                                                                     
     In the Matter of               )                                
                                                                     
     Del Rosario Talpa, Inc.        )     File Number: EB-06-SF-198  
                                                                     
     Licensee of Station KNCR(AM)   )   NAL/Acct. No.: 200732960002  
                                                                     
     Fortuna, California            )               FRN: 0013789524  
                                                                     
     Facility ID # 39472            )                                
                                                                     
                                    )                                


                                FORFEITURE ORDER

   Adopted: June 15, 2007 Released:  June 19, 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 Del
       Rosario Talpa, Inc. ("Del Rosario Talpa"), licensee of AM broadcast
       station KNCR, in Fortuna, California, for willfully and repeatedly
       violating Section 73.1350(a) of the Commission's Rules ("Rules"). On
       December 22, 2006, the Enforcement Bureau's San Francisco Office
       issued a Notice of Apparent Liability for Forfeiture ("NAL") in the
       amount of $4,000 to Del Rosario Talpa for operating station KNCR at an
       unauthorized location. In this Order, we consider Del Rosario Talpa's
       arguments that its violation was actually of Section 73.1680 of the
       Rules; that Del Rosario Talpa will have financial difficulty paying
       the forfeiture amount; and that the forfeiture amount should be
       reduced based on Del Rosario Talpa's history of compliance with the
       Commission's Rules.

   II. BACKGROUND

    2. On August 22, 2006, in response to a complaint, an agent from the
       Enforcement Bureau's San Francisco Office monitored KNCR's signal on
       frequency 1090 kHz in Fortuna, California. Using radio direction
       finding equipment, the agent traced the source of KNCR's broadcast
       signal to an antenna located at 2200 Smith Lane, Fortuna, California.
       Later that day, the agent conducted an inspection of the KNCR studio.
       The inspection of the KNCR studio at 2200 Smith Lane revealed that
       KNCR was transmitting from that location.

    3. According to KNCR's license, the KNCR transmitter should be located at
       3560 Hillras Way, Fortuna, California, with coordinates of 40-o 33'
       30'' north latitude, 124 -o 07' 24'' west longitude. The San Francisco
       agent's inspection revealed that the coordinates of the current
       location of the KNCR transmitter at 2200 Smith Lane, Fortuna,
       California, are approximately 40DEG 35'32" north latitude and 124DEG
       08'40" west longitude, approximately two miles from its authorized
       location.

    4. On October 16, 2006, after being contacted by the San Francisco agent
       concerning the unlicensed KNCR location, the KNCR consulting engineer
       informed the agent that KNCR had been operating its transmitter from
       the 2200 Smith Lane location since November 6, 2005. The consulting
       engineer also informed the agent that KNCR was in the process of
       filing for a Special Temporary Authority ("STA") from the Commission
       to use that location.

    5. On December 22, 2006, the San Francisco Office issued a NAL in the
       amount of $4,000 to Del Rosario Talpa, finding that Del Rosario Talpa
       had apparently willfully and repeatedly operated KNCR from an
       unauthorized location. Del Rosario Talpa filed a response ("Response")
       on February 20, 2007, arguing that the only violation committed by Del
       Rosario Talpa was its failure to notify the Commission within 24 hours
       of beginning operation with emergency facilities. Del Rosario Talpa
       also argues that it will have financial difficulty paying the
       forfeiture amount; and that the forfeiture amount should be reduced
       based on its history of compliance.  Finally, Del Rosario Talpa states
       that it requested an STA to operate from its current location on
       October 24, 2006 and that this STA was granted on November 7, 2006.

   III.  DISCUSSION

    6. 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 Del Rosario Talpa'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.

    7. Section 73.1350(a) of the Commission's rules states "[e]ach licensee
       is responsible for maintaining and operating its broadcast station in
       a manner which complies with the technical rules . . . and in
       accordance with the terms of the station authorization." On August 22,
       2006, the San Francisco agent observed that KNCR was transmitting from
       a location that was not authorized on the KNCR license. KNCR staff
       informed the San Francisco agent that the station had been
       transmitting from that location since November, 2005. Since the
       agent's inspection and inquiry, Del Rosario Talpa, Inc., has filed for
       and received an STA for KNCR. We note, as the San Francisco Office
       stated in the NAL that the Commission has stated in the past that a
       licensee is expected to correct errors when they are brought to the
       licensee's attention and that such correction is not grounds for a
       downward adjustment in the forfeiture.

    8. Del Rosario Talpa states that it moved the KNCR transmitter when the
       station was evicted on short notice from its licensed site. It
       consequently set up an "emergency antenna" and therefore argues that
       its violation, if any, was not of Section 73.1350(a) of the Rule, but
       of 73.1680 of the Rules. Section 73.1680 defines an "emergency
       antenna" as "one that is erected for temporary use after the
       authorized main and auxiliary antennas are damaged and cannot be
       used." The Rule also states that "[p]rior authority from the FCC Is
       not required by licensees and permittees to erect and commence
       operations using an emergency antenna to restore program service to
       the public. However, an informal letter request to continue operation
       with the emergency antenna must be made with in 24 hours to the FCC .
       . . ." Rosario Del Talpa acknowledges that it did not send notice to
       the FCC within 24 hours of beginning its use of its emergency antenna,
       therefore, we agree that Rosario Del Talpa's actions violated Section
       73.1680 of the Rules. However, we find that Rosario Del Talpa never
       gave notice to the Commission concerning the new location of its
       station, until the station was inspected by the San Francisco agent on
       August 22, 2006. Therefore, Rosario Del Talpa's continued operation
       from an unauthorized location for a period of over nine months also
       resulted in a violation of Section 73.1350(a) of the Rules. Rosario
       Del Talpa also argues that it should not be liable for a forfeiture
       because its operation from the temporary location provides no
       competitive benefit. We disagree. Operation consistent with the terms
       of one's license is fundamental to the privilege of holding a license.

    9. Rosario Del Talpa also states that it will have financial difficulty
       paying the proposed forfeiture amount. Despite being given repeated
       extensions of time to produce financial data to support this claim,
       Rosario Del Talpa has failed to submit any financial data. In
       analyzing a financial hardship claim, the Commission generally has
       looked to gross revenues as a reasonable and appropriate yardstick in
       determining whether a licensee is able to pay the assessed forfeiture.
       Because Rosario Del Talpa has submitted no data to support its claim,
       we are unable to consider it.

   10. Rosario Del Talpa also states that it has a history of compliance with
       the Commission's Rules. We have reviewed our records and we concur.
       Consequently, we reduce Rosario Del Talpa's forfeiture amount from
       $4,000 to $3,200.

   11. 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

   12.  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, Rosario Del Talpa,
       Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for
       willfully and repeatedly violating Section 73.1350(a) of the Rules.

   13. 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.\001 The payment must include the NAL/Acct.
       No. and FRN No. referenced above.\001 Payment by\001check or money
       order may be mailed to Federal Communications Commission, P.O.
       Box\001358340,\001Pittsburgh, PA 15251-8340.\001 Payment by overnight
       mail may be sent to\001Mellon Bank\001/LB\001358340,\001500 Ross
       Street, Room 1540670, Pittsburgh, PA 15251.\001\001 Payment by wire
       transfer may be made to ABA Number\001043000261, receiving
       bank\001Mellon Bank, and account number\001911- 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.

   14. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Rosario Del
       Talpa, Inc., at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   47 C.F.R. S 73.1350(a).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732960002
   (Enf. Bur., Western Region, San Francisco Office, released December 22,
   2006).

   On August 22, 2006, the agent attempted to inspect the KNCR main antenna
   location at 3560 Hillras Way, Fortuna, California and observed that the
   transmitting antenna was not constructed at this geographic location.

   On November 7, 2006, the STA application, File No. BSTA - 20061024AGJ, was
   granted by the Media Bureau. This STA expired on May 7, 2007. Del Rosario
   Talpa filed for an extension of the STA on May 18, 2007, File No. BSTA -
   20070501AHT.

   Del Rosario Talpa requested and received a 30 day extension to respond to
   the NAL.

   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 73.1350(a).

   AT&T Wireless Services, Inc. 17 FCC Rcd 21866, 21871-76 (2002).

   47 C.F.R. S 73.1680(a).

   47 C.F.R. S 73.1680(b).

   See, e.g., Red Lion Broadcasting Co. v. FCC, 395 U.S. 367 (1969).

   In its Response, Rosario Del Talpa stated that it would supplement its
   filing with financial data. No supplemental filing was ever received.

   See PLB Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992).

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 73.1350(a).

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

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 07-2657

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   Federal Communications Commission DA 07-2657