Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                                
                                                                     
     In the Matter of               )                                
                                                                     
     P&Y Broadcasting Corporation   )   File No. EB-10-LA-0265       
                                                                     
     Antenna Structure Registrant   )   NAL/Acct. No.: 201232900001  
                                                                     
     Los Angeles, California        )   FRN: 0016908238              
                                                                     
     ASR No. 1246297                )                                
                                                                     
                                    )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: October 19, 2011 Released: October 21, 2011

   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
       P&Y Broadcasting Corporation ("P&Y Broadcasting"), owner of antenna
       structure number 1246297, in Los Angeles, California, apparently
       willfully and repeatedly violated section 17.57 of the Commission's
       rules ("Rules") by failing to immediately notify the Commission of a
       change in ownership information for antenna structure number 1246297.
       We conclude  that P&Y Broadcasting is apparently liable for a
       forfeiture in the amount of three thousand dollars ($3,000).

   II. BACKGROUND

    2. On December 7, 2010, an agent of the Enforcement Bureau's Los Angeles
       Office ("Los Angles Office") inspected antenna structure number
       1246297, located in Los Angeles, California. A search of the
       Commission's Antenna Structure Registration ("ASR") database revealed
       that the antenna structure was registered to Rose City Radio
       Corporation.

    3. On December 9, 2010, the Los Angeles agent contacted Rose City Radio
       Corporation and was informed by an employee that antenna structure
       number 1246297, and Station KMPC(AM), had been sold to P&Y
       Broadcasting a few years earlier. On December 15, 2010, the agent
       contacted P&Y Broadcasting and was told by P&Y Broadcasting's Chief
       Strategy Officer that P&Y Broadcasting had purchased the antenna
       structure a few years earlier as part of the acquisition of Station
       KMPC(AM) from a previous licensee. On March 2, 2011, the Los Angeles
       Office sent a Letter of Inquiry to P&Y Broadcasting. On March 21,
       2011, P&Y Broadcasting updated the ASR information for antenna
       structure number 1246297 to reflect its ownership of the structure. On
       March 25, 2011, in its LOI Response, P&Y Broadcasting stated that it
       had purchased the antenna structure as part of the acquisition of
       Station KMPC(AM) and that the transaction was consummated on January
       14, 2008.  

   III. DISCUSSION

    4. 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. Section
       312(f)(1) of the Act defines willful as the "conscious and deliberate
       commission or omission of [any] act, irrespective of any intent to
       violate" the law. The legislative history to section 312(f)(1) of the
       Act clarifies that this definition of willful applies to both section
       312 and 503(b) of the Act and the Commission has so interpreted the
       term in the section 503(b) context. The Commission may also assess a
       forfeiture for violations that are merely repeated, and not willful.
       The term "repeated" means the commission or omission of such act more
       than once or for more than one day. 

    5. Section 17.57 of the Rules requires the owner of an antenna structure
       to immediately notify the Commission, using FCC Form 854, upon any
       change in ownership information.  It is required that antenna
       structure owners maintain current antenna structure registration
       information with the Commission and post ASR numbers at the base of
       antenna structures to allow for easy contact if problems arise.  P&Y
       Broadcasting acquired antenna structure number 1246297 on January 14,
       2008, but failed to update the ownership information for the antenna
       structure until March 21, 2011, and only after receiving an LOI from
       the Los Angeles Office. From January 14, 2008, until March 21, 2011,
       P&Y Broadcasting failed to notify the Commission that it had acquired
       antenna structure number 1246297. Based on the evidence before us, we
       find that P&Y Broadcasting  apparently willfully and repeatedly
       violated section 17.57 of the Rules by failing to immediately notify
       the Commission about a change in ownership for antenna structure
       number 1246297. 

    6. Pursuant to the Commission's Forfeiture Policy Statement and section
       1.80 of the Rules, the base forfeiture amount for failure to file
       forms or required information is  $3,000. 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. Applying the Forfeiture Policy Statement, section 1.80 of
       the Rules, and the statutory factors to the instant case, we conclude
       that P&Y Broadcasting is apparently liable for a $3,000 forfeiture.

   IV. ORDERING CLAUSES

    7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.204,
       0.311, 0.314 and 1.80 of the Commission's rules, P&Y Broadcasting
       Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of three thousand dollars ($3,000) for
       violation of section 17.57 of the Rules.

    8. 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, P&Y Broadcasting
       Corporation SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

    9. 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 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 about payment
       procedures, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. P&Y Broadcasting
       Corporation  shall send electronic notification on the date said
       payment is made to WR-Response@fcc.gov.

   10. 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. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, Western
       Region, Los Angeles Office, 18000 Studebaker Rd., Suite 660, Cerritos,
       CA 90703 and include the NAL/Acct. No. referenced in the caption. P&Y
       Broadcasting Corporation shall also email the written response to
       WR-Response@fcc.gov.

   11. 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.

   12. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent both by Certified Mail, Return Receipt
       Requested, and regular mail, to P&Y Broadcasting Corporation, 3700
       Wilshire Boulevard, Suite 510, Los Angeles, California, 90010. 

   FEDERAL COMMUNICATIONS COMMISSION

   Nader Haghighat,

   District Director

   Los Angeles Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 17.57.

   Antenna structure number 1246297 is required to have painting and lighting
   in accordance with FAA Chapters 4, 5, 12, FAA Circular Number 70/7460-1K.

   P&Y Broadcasting is also the licensee of Station KMPC(AM), Los Angeles,
   California, and utilizes antenna structure number 1246297 to broadcast
   KMPC(AM).

   See Letter of Inquiry from Nader Haghighat, District Director, Los Angeles
   Office, Western Region, Enforcement Bureau, to P&Y Broadcasting
   Corporation, dated March 2, 2011 ("LOI").

   See Letter from Phill Sohn, Chief Executive Office, P&Y Broadcasting
   Corporation, to Nader Haghighat, District Director, Los Angeles Office,
   Western Region, Enforcement Bureau, dated March 25, 2011 ("LOI Response").

   47 U.S.C. S: 312(f)(1).

   H.R. Rep. No 97-765, 97th Cong. 2d Sess. 51 (1982) ("This
   provision[inserted in section 312] defines the terms `willful' and
   `repeated' for purposes of section 312, and for any other relevant section
   of the [A]ct (e.g., section 503).... As defined... `willful' means that
   the licensee knew that he was doing the act in question, regardless of
   whether there was an intent to violate the law. `Repeated' means more than
   once, or where the act is continuous, for more than one day. Whether an
   act is considered to be `continuous' would depend upon the circumstances
   in each case. The definitions are intended primarily to clarify the
   language in sections 312 and 503, and are consistent with the Commission's
   application of those terms...").

   See, e.g., Application for Review of Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recon. denied,
   7 FCC Rcd 3454 (1992) ("Southern California Broadcasting Co.").

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) ("Callais
   Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   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: 17.57.

   See, e.g., American Tower Corporation, Notice of Apparent Liability, 16
   FCC Rcd 1282 (2001) (Commission proposed $3,000 per violation by antenna
   structure owner for failure to update antenna structure registration
   thereby complicating Commission's staff ability to contact antenna
   structure owners); American Tower Corporation, Consent Decree, 16 FCC Rcd
   14937 (2001).

   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) ("Forfeiture Policy Statement"), recon. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S:1.80.

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

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80,
   17.57.

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

   47 C.F.R. S:S: 1.80(f)(3), 1.16.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-1745

                                       4

                                 Federal Communications Commission DA 11-1745