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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
     In the Matter of                                                        
                                            )                                
     Mapleton License of San Luis Obispo,                                    
     LLC.                                   )   File Number: EB-10-LA-0032   
                                                                             
     Licensee of FM Broadcast Station       )   NAL/Acct. No.: 201132900001  
     KXDZ                                                                    
                                            )   FRN: 0017174020              
     Templeton, California                                                   
                                            )                                
     Facility ID # 70781                                                     
                                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: November 3, 2010 Released: November 5, 2010

   By the District Director, Los Angeles Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Mapleton License of San Luis Obispo, LLC ("Mapleton"), licensee
       of FM station KXDZ, in Templeton, California, apparently willfully and
       repeatedly violated Section 73.3526 of the Rules by failing to
       maintain a complete public inspection file. We conclude that Mapleton
       License of San Luis Obispo, LLC, is apparently liable for a forfeiture
       in the amount of ten thousand dollars ($10,000).

   II. BACKGROUND

    2. On February 24, 2010, an agent from the Enforcement Bureau's Los
       Angeles Office inspected the main studio of Station KXDZ, located in
       San Luis Obispo, California. The agent reviewed the content of Station
       KXDZ's public inspection file and discovered that required
       issues/programs lists were missing for the fourth quarter of 2007,
       first, second, and third quarters of 2008, and the first and fourth
       quarters of 2009. The agent discussed the file's deficiency with the
       Market Manager for the Mapleton stations. The Market Manager agreed
       that the documents were missing from the file and indicated that the
       period for which the issues/programs lists were missing appeared to
       coincide with the departure of the station employee who had previously
       maintained the lists.

   III. DISCUSSION

    3. Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       provides that any person who willfully or repeatedly fails to comply
       substantially with the terms and conditions of any license, or
       willfully or repeatedly fails to comply with any of the provisions of
       the Act or of any rule, regulation or order issued by the Commission
       thereunder, shall be liable for a forfeiture penalty. The term
       "willful" as used in Section 503(b) has been interpreted to mean
       simply that the acts or omissions are committed knowingly. The term
       "repeated" means the commission or omission of such act more than once
       or for more than one day.

    4. 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 Section
       73.3526(e) of the Rules. Specifically, Section 73.3526(e)(12) of the
       Rules requires licensees to place in their public inspection file, for
       each 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 radio
       issues/programs list and copies of the lists must be maintained in the
       file until final action has been taken on the station's next renewal
       application. Further, as required by Section 73.3526(b), the public
       inspection file shall be maintained at the station's main studio.

    5. The public inspection file for Station KXDZ was missing quarterly
       radio issues/program lists for the fourth quarter of 2007, the first,
       second, and third quarters of 2008, and the first and fourth quarters
       of 2009. All of the noted quarters are within the current license
       term, which began on November 29, 2005. When interviewed by the Los
       Angeles Office agent, Mapleton's Market Manager acknowledged the
       above-specified lists were missing and indicated that the problems
       with the lists coincided with the departure of the station employee
       responsible for maintaining the lists. Where lapses occur in
       maintaining the public inspection file, however, the negligent acts or
       omissions of station employees or agents do not excuse or nullify a
       licensee's rule violation. Based on the evidence before us, including
       the fact that the public inspection file was missing multiple quarters
       of material, we find that Mapleton  apparently willfully and
       repeatedly violated Section 73.3526 of the Rules by failing to ensure
       a complete public inspection file was properly maintained at the
       Station KXDZ main studio.

    6. Pursuant to the Commission's Forfeiture Policy and Section 1.80 of the
       Rules, the base forfeiture for violations of the public inspection
       file rules is $10,000. In assessing the monetary forfeiture amount, we
       must also take into account the statutory factors set forth in Section
       503(b)(2)(E) of the Act, which include the nature, circumstances,
       extent, and gravity of the violations, 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. With respect to the forfeiture calculation in this case, we note that
       Mapleton has a history of noncompliance with the public inspection
       file requirement. In its July 29, 2005 renewal application for Station
       KXDZ, Mapleton acknowledged certain omissions in the Station KXDZ
       public inspection file in the prior license term, related to EEO
       reports, and stated that "Mapleton has now prepared and placed in its
       public inspection file all required reports. Mapleton understands that
       the public inspection file requirements are intended to provide the
       public with important information regarding the station's operations
       in a timely manner and sincerely regrets its oversight. Mapleton
       anticipates that it will comply with the public file requirements in
       all respects going forward." Notwithstanding those assurances,
       however, Mapleton again violated the Commission's public file rule
       five years later. Thus, although the Station KXDZ public inspection
       file was partially complete, in light of Mapleton's previous public
       file rule violations, we conclude that no reduction in the base
       forfeiture amount for the public file violation is appropriate, given
       Mapleton's history of noncompliance.  Applying the Forfeiture Policy
       Statement, Section 1.80 of the Rules, and the statutory factors to the
       instant case, we conclude that Mapleton is apparently liable for a
       forfeiture in the amount of $10,000. We caution Mapleton that further
       violations of the public file rule may meet with even more severe
       penalties.

   IV. ORDERING CLAUSES

    8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Mapleton License of San Luis
       Obispo, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of ten thousand dollars ($10,000) for
       violation of Section 73.3526 of the Rules.

    9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Mapleton License of San
       Luis Obispo, LLC, SHALL PAY the full amount of the proposed forfeiture
       or SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   10. Payment of the forfeiture must be made by credit card, 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.    If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov. Mapleton License of San Luis Obispo, LLC, shall
       also send electronic notification on the date said payment is made to
       WR-Response@fcc.gov.

   11. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       Sections 1.80(f)(3) and 1.16 of the Rules. The written statement  must
       be mailed to Federal Communications Commission, Enforcement Bureau,
       Western Region, Los Angeles Office, 18000 Studebaker Rd., #660,
       Cerritos, CA 90703 and must include the NAL/Acct. No. referenced in
       the caption. An electronic copy shall be sent to WR-Response@fcc.gov.

   12. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Mapleton License of San Luis Obispo,
       LLC.

   FEDERAL COMMUNICATIONS COMMISSION

   Nader Haghighat

   District Director

   Los Angeles District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 73.3526.

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

   Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term `willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See, e.g., Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. denied, 7
   FCC Rcd 3454 (1992).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term `repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 C.F.R. S: 73.3526(a)(2).

   47 C.F.R. S: 73.3526(e)(12).

   47 C.F.R. S: 73.3526(b).

   See Padre Serra Communications, Inc., Letter, 14 FCC Rcd 9709 (Mass Media
   Bur. 1999) (citing Gaffney Broadcasting, Inc., Memorandum Opinion and
   Order, 23 FCC 2d 912, 913 (1970). See also Rama Communications, Memorandum
   Opinion and Order, 23 FCC Rcd 18209 (Enf. Bur. 2008).

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   See File No. BRH-20050729DPU, granted November 29, 2005, Exhibit 11.

   See Citicasters Licenses, L.P., Notice of Apparent Liability for
   Forfeiture, 22 FCC Rcd 1633 (Enf. Bur. Investigations & Hearings Div.
   2007) (upwardly adjusting a proposed forfeiture amount when a licensee has
   a history of similar violations over a seven-year period); see also WXDJ
   Licensing, Forfeiture Order, 25 FCC Rcd 3911 (Enf. Bur. Investigations &
   Hearings Div. 2010).

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 73.3526.

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 10-2120

                                       2

   Federal Communications Commission DA 10-2120