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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 )
EB-07-LA-112
Facility ID # 38442 )
EB-07-LA-113
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:
I. INTRODUCTION
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.
II. BACKGROUND
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.
III. DISCUSSION
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
require.
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.
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, 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:
ARINQUIRIES@fcc.gov 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.
FEDERAL COMMUNICATIONS COMMISSION
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
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Federal Communications Commission DA 08-216