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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of          )                               
     Lazer Licenses, LLC       )                               
     Licensee of:              )                               
     KSBQ(AM)                  )                               
                                       File Nos. EB-07-LA-111  
     Santa Maria, California   )                               
     Facility ID # 38442       )                               
     KLMM-FM                   )                               
                                   NAL/Acct. No. 200732900007  
     Morro Bay, California     )                               
                                              FRN: 0015079908  
     Facility ID # 46401       )                               
     KLUN-FM                   )                               
     Paso Robles, California   )                               
     Facility ID # 2243        )                               

                                FORFEITURE ORDER

   Adopted: February 20, 2008   Released:  February 22, 2008

   By the Regional Director, Western Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of eight thousand dollars ($8,000) to Lazer Licenses, LLC,
       ("Lazer"), the licensee of stations KSBQ(AM), Santa Maria, California,
       KLMM-FM, Morro Bay, California and KLUN-FM, Paso Robles, California,
       for willfully and repeatedly violating Section 73.3526 of the
       Commission's Rules ("Rules"). On May 17, 2007, the Enforcement
       Bureau's Los Angeles Office issued a Notice of Apparent Liability for
       Forfeiture ("NAL") in the amount of $12,000 to Lazer for failing to
       maintain complete public inspection files. In this Order, we consider
       Lazer's arguments that the missing portions of their public inspection
       files were timely prepared but could not be located because of recent
       staff changes, and that Lazer has since modified its procedures
       concerning public inspection files for all of their stations.


    2. On March 6, 2007, an agent of the Enforcement Bureau's Los Angeles
       Office conducted inspections of the public inspection files for
       stations KSBQ(AM), KLMM-FM and KLUN-FM at their main studio location
       in Santa Maria, California. The agent discovered that while the public
       inspection files were partially complete, there were no
       issues/programs lists maintained in the public inspection files for
       any of the three stations subsequent to their license renewal on July
       28, 2005. The general manager for the three stations stated that he
       was fairly new but very familiar with the issues/programs filing
       requirements and advised the agent that from the date of inspection
       forward, he was putting his Office Manager in charge of maintaining
       and filing these records in the public inspection files. He could not
       explain why these records for all three stations had not been
       maintained in the public inspection files subsequent to the stations'
       license renewal application on July 28, 2005.

    3. On May 17, 2007, the Los Angeles Office issued a NAL in the amount of
       $12,000 to Lazer, finding that Lazer apparently willfully and
       repeatedly failed to maintain complete public inspection files for
       KSBQ(AM), KLMM-FM and KLUN-FM. Lazer filed a response ("Response") on
       June 25, 2007, arguing that the missing issues/programs lists were
       timely prepared and were on a different floor of the main studio
       location but could not be located because of recent staff changes, and
       that Lazer has since modified its procedures concerning public
       inspection files for all of their stations.


    4. 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 Lazer'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

    5. Section 73.3526(a)(2) of the Rules requires that every licensee of an
       AM or FM station shall maintain a public inspection file containing
       the material, relating to that station, described in paragraphs (e)(1)
       through (e)(10) and paragraphs (e)(12) through e(14) of this section
       as well as paragraph (e)(16) of this section. Further, as required by
       Section 73.3526(b) the location of the public file shall be maintained
       at the station's main studio location, and pursuant to Section
       73.3526(c), the public inspection file shall be available for public
       inspection at any time during regular business hours.

    6. Section 73.3526(e)(12) of the Rules requires licensees to place in
       their public inspection file a list for each calendar quarter, to be
       filed by the tenth day of the succeeding calendar quarter, a list of
       programs that have provided the station's most significant treatment
       of community issues during the preceding three month period. This list
       is known as the issues/programs list. The public inspection files for
       stations KSBQ(AM), KLMM-FM and KLUN-FM contained no issues/programs
       lists for any quarters after the license renewal on July 28, 2005, up
       to the date of the inspection by the agent on March 6, 2007.

    7. Lazer states that after receiving the NAL, it investigated the matter
       and found that the missing issues/programs lists were timely prepared
       and intact but placed in a drawer on the second floor of their studio.
       Lazer further states that at the time of the inspection the staff was
       apparently not aware of the location of the issue/programs lists
       because of recent staff changes. 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. We
       accept Lazer's explanation concerning the placement of the
       issues/programs lists and, consequently, we find that Lazer's efforts
       warrant a good faith reduction of the proposed forfeiture amount and
       we reduce the proposed forfeiture from $12,000 to $8,000. Because the
       issue/programs lists were not available for inspection by either the
       Los Angeles agent or the public, on the day of the inspection, we
       decline to cancel the forfeiture.

    8. Lazer also states that it implemented remedial procedures to ensure
       that such an occurrence is not repeated. The Commission has
       consistently held 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.
       Additionally, where lapses occur in maintaining the public inspection
       file, neither the negligent acts nor omissions of station employees or
       agents, nor the subsequent remedial actions undertaken by the
       licensee, excuse or nullify a licensee's rule violation.

    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
       $8,000 is warranted.


   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, Lazer Licenses, LLC,
       LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for
       willfully and repeatedly violating Section 73.3526 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/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 TREAS/NYC, 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.   Please contact
       the Financial Operations Group Help Desk at 1-877-480-3201 or Email: with any questions regarding payment procedures. 

   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 Lazer
       Licenses, LLC, at its address of record, and Harry C. Martin, Esquire,
       Fletcher, Heald & Hildreth, PLC, its counsel of record.


   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   47 C.F.R. S: 73.3526.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732900007
   (Enf. Bur., Western Region, Los Angeles Office, released May 17, 2007).

   Lazer requested, and received, an extension of time to file its Response.

   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: 73.3526(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).

   Lazer submitted a complete copy of all of the missing issues/programs
   lists for the three stations with its Response.

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

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

   See Padre Serra Communications, Inc., 14 FCC Rcd 9709 (1999) (citing
   Gaffney Broadcasting, Inc., 23 FCC 2d 912, 913 (1970) and Eleven Ten
   Broadcasting Corp., 33 FCC 706 (1962)).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 73.3526.

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

   Federal Communications Commission DA 08-216



   Federal Communications Commission DA 08-216