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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
     In the Matter of                    )                               
                                                                         
     Crocodile Broadcasting Corp., Inc   )   File Number EB-10-OR-0090   
                                                                         
     Licensee of Station KGLA(AM)        )   NAL/Acct. No. 201132620001  
                                                                         
     Gretna, LA                          )   FRN: 00008354904            
                                                                         
     Facility ID Number: 14538           )                               
                                                                         
                                         )                               


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: February 7, 2011 Released: February 9, 2011

   By the District Director, New Orleans Office, South Central Region,
   Enforcement Bureau:

   I. Introduction

    1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL"),
       we find that Crocodile Broadcasting Corp., Inc., ("CBC"), licensee of
       Station KGLA(AM), Gretna, LA, apparently willfully and repeatedly
       violated sections 73.1745(a) and 73.3526 of the Commission's Rules
       ("Rules") by: (1) operating at times other than those specified in its
       license; and (2) failing to maintain and make available a complete
       public inspection file. We conclude that CBC is apparently liable for
       a forfeiture in the amount of fourteen thousand dollars ($14,000). We
       further order CBC to submit a sworn statement certifying that it is
       currently in compliance with sections 73.1745(a), and 73.3526 of the
       Rules.

   II. BACKGROUND

    2. Station KGLA(AM) is a daytime-only station, authorized to operate
       during the daytime hours and for a limited period of time before and
       after sunset. During the month of October, Station KGLA(AM) has
       post-sunset authority to operate only until 8:30 p.m. local time.

    3. On October 28 and 29, 2010, in response to a complaint of
       interference, an agent from the Enforcement Bureau's New Orleans
       Office ("New Orleans Office") observed Station KGLA(AM) operating
       after 8:30 p.m. local time. On November 2, 2010, agents from the New
       Orleans Office, accompanied by the station's general manager,
       inspected the station's main studio during normal business hours. When
       questioned about night-time operations, the general manager admitted
       that the station had been operating at reduced power throughout the
       night for a number of years. He stated that he thought the station was
       authorized to operate at night. In addition, the general manager was
       unable to produce a complete public inspection file. The station's
       public inspection file was missing a copy of the current station
       authorization, the most recent license application, and the most
       recent eight issues/programs lists.

   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. The term
       "willful" as used in section 503(b) of the Act 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.

    5. Section 73.1745(a) of the Rules requires that "[n]o broadcast station
       shall operate at times, or with modes or power, other than those
       specified and made a part of the license, unless otherwise provided"
       under the Rules. Station KGLA(AM)'s license specifies that the station
       must cease operation at 8:30 p.m. local time during the month of
       October. On October 28 and 29, 2010, agents observed Station KGLA(AM)
       operating after 8:30 p.m. local time. On November 2, 2010, Station
       KGLA(AM)'s general manager admitted that the station had been
       operating overnight for several years. Thus, based on the evidence
       before us, we find that CBC apparently willfully and repeatedly
       violated section 73.1745(a) of the Rules by operating at times not
       specified in its license on October 28 and 29, 2010.

    6. Section 73.3526 of the Rules states that "[e]very permittee or
       licensee of an AM, FM, TV or a Class A station in the commercial
       broadcast services shall maintain a public inspection file containing
       the material" set forth in this section.  The public inspection file
       must be maintained at the main studio of the station, and must be
       available for public inspection at any time during regular business
       hours. Section 73.3526(e)(12) of the Rules states that  "every three
       months a list of programs that have provided the station's most
       significant treatment of community issues during the preceding three
       month period [must be maintained in the public inspection file]. [ . .
       . ] The lists described in this paragraph shall be retained in the
       public inspection file until final action has been taken on the
       station's next license renewal application."

    7. On November 2, 2010, during regular business hours, agents of the New
       Orleans Office requested to inspect Station KGLA(AM)'s public
       inspection file at the station's main studio. The file produced was
       missing the most recent eight issues/programs lists, as well as a copy
       of the current station authorization and its most recent license
       application. Thus, based on the evidence before us, we find that CBC
       apparently willfully and repeatedly violated section 73.3526 by
       failing to maintain a complete public inspection file. We also find
       that CBC apparently willfully violated section 73.3526 by failing to
       make available a complete public inspection file.

    8. Pursuant to the Commission's Forfeiture Policy Statement and section
       1.80 of the Rules, the base forfeiture amount for: (1) exceeding power
       limits is $4,000; and (2) violation of 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, and 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 CBC is
       apparently liable for a $14,000 forfeiture.

    9. We direct CBC to submit a statement signed under penalty of perjury by
       an officer or director of CBC stating that: (1) Station KGLA is
       powering down after sunset as specified in its station authorization;
       and (2) a complete public inspection file is available at Station
       KGLA's main studio. This statement must be provided to the New Orleans
       Office at the address listed in paragraph 14 within thirty days of the
       release date of this Notice of Apparent Liability for Forfeiture.

   IV. ORDERING CLAUSES

   10. 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, Crocodile Broadcasting
       Corp., Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of fourteen thousand dollars ($14,000) for
       violations of sections 73.1745(a) and 73.3526 of the Rules.

   11. 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 and Order, Crocodile
       Broadcasting Corp., Inc., SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

   12. IT IS FURTHER ORDERED that Crocodile Broadcasting Corp. SHALL SUBMIT a
       sworn statement as described in paragraph 9 to the New Orleans Office
       within thirty days of the release date of this Notice of Apparent
       Liability for Forfeiture and Order.

   13. 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.  20554.8   If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov. CBC shall also send electronic notification on
       the date said payment is made to SCR-Response@fcc.gov.

   14. 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, South Central
   Region, New Orleans Office, 2424 Edenborn Avenue, Suite 460, Metairie, LA
   70001, and must include the NAL/Acct. No. referenced in the caption.

   15. 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.

   16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
   for Forfeiture and Order shall be sent by Certified Mail, Return Receipt
   Requested, and regular mail, to Crocodile Broadcasting Corp., Inc., at
   3850 North Causeway Boulevard, Lakeway II, Suite 442, Metairie, LA 70002.

   FEDERAL COMMUNICATIONS COMMISSION

   Walter Gernon

   District Director

   New Orleans Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 73.1745(a), 73.3526.

   Id.

   Revised Parameters for Operation under Post-Sunset Authority (PSSA),
   February 28, 2007.

   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 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: 73.1745(a).

   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).

   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).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 73.1745(a),
   73.3526.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-229

                                       2

   Federal Communications Commission DA 11-229