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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                                
                                                                     
     In the Matter of               )                                
                                                                     
     Lazer Licenses, LLC            )    File Number: EB-09-SD-0156  
                                                                     
     Licensee of Station KSSB(FM)   )   NAL/Acct. No.: 201132940004  
                                                                     
     Calipatria, California         )               FRN: 0015149842  
                                                                     
     Facility ID # 52469            )                                
                                                                     
                                    )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: May 16, 2011 Released: May 18, 2011

   By the District Director, San Diego District Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Lazer Licenses, LLC ("Lazer"), licensee of FM radio station KSSB,
       in Calipatria, California, apparently willfully and repeatedly
       violated section 73.3526 of the Commission's rules by failing to
       maintain a complete public inspection file. We conclude, pursuant to
       section 503(b) of the Communications Act of 1934, as amended ("Act"),
       that Lazer is apparently liable for a forfeiture in the amount of
       eight thousand dollars ($8,000).

   II. BACKGROUND

    2. On April 21, 2010, agents from the Enforcement Bureau's San Diego
       Office inspected the main studio location of Station KSSB, which is
       located at 251West Main Street, Suite O, Brawley, California. The
       agents reviewed the content of Station KSSB's public inspection file
       with the general manager of the station and discovered that required
       issues and programs lists were missing for all quarters of 2007, the
       second, third, and fourth quarters of 2008, the first quarter of 2009,
       and the first quarter of 2010. A San Diego agent telephoned the
       general manager on April 28, 2010 to confirm the missing issues and
       programs lists, but the general manager advised that she was not
       familiar with the documents and would have her manager contact the
       agent later. The San Diego agent did not receive a follow-up call from
       any representative of Station KSSB.

    3. On May 25, 2010, San Diego agents returned to the Station KSSB and
       reexamined the contents of Station KSSB's public inspection file and
       discovered that, other than the issues/programs lists for the second
       and third quarters of 2007, the above lists remained missing. However,
       during this inspection, while the agents were examining the file
       contents, copies of the issues/programs lists for the first quarter of
       2009 and the first quarter of 2010 were electronically sent from
       Lazer's corporate offices and printed out to be placed into the public
       inspection file.

   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 73.3526(a)(2) of the Commission's rules requires that every
       licensee of a commercial AM or FM station shall maintain a public
       inspection file containing the material relating to that station, as
       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 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.

    6. During the two inspections performed by the San Diego agents, the
       public inspection file for Station KSSB was missing quarterly radio
       issues/program lists for the first and fourth quarters of 2007, the
       second, third, and fourth quarters of 2008, the first quarter of 2009,
       and the first quarter of 2010, although the lists for these final two
       quarters were produced during the second inspection. During the first
       inspection, Station KSSB was also missing quarterly issues/programs
       lists for the second and third quarters of 2007. Consequently, Lazer
       failed to maintain a complete public inspection file at the Station
       KSSB main studio. All of the noted quarters are within the current
       license term, which began on January 12, 2006. Based on the evidence
       before us, including the fact that the public inspection file was
       missing multiple quarters of material, we find that Lazer  apparently
       willfully and repeatedly violated section 73.3526 of the rules by
       failing to ensure a complete public inspection file was properly
       maintained and made available at the Station KSSB main studio.

    7. Pursuant to the Commission's Forfeiture Policy Statement 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. Because the Station KSSB public inspection file was partially
       complete at the time of both inspections, a reduction in the base
       forfeiture amount is appropriate. We also take into account, however,
       the fact that Lazer had not fully corrected its violation by the time
       the San Diego agents made a second inspection. Applying the Forfeiture
       Policy Statement, section 1.80, and the statutory factors to the
       instant case, we conclude that Lazer is apparently liable for a
       forfeiture in the amount of $8,000.

   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, 0.204,
       0.311, 0.314 and 1.80 of the Commission's rules, Lazer Licenses, LLC,
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of eight thousand dollars ($8,000) 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, Lazer Licenses, 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 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. Lazer Licenses, LLC, will 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, San Diego Office, 4542 Ruffner Street - Suite 370, San
       Diego, CA 92111 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 both by Certified Mail, Return Receipt
       Requested, and by regular mail, to Lazer Licenses, LLC, 200 South A
       Street, Suite 400, Oxnard, CA, 93030.

   FEDERAL COMMUNICATIONS COMMISSION

   James T. Lyon

   District Director

   San Diego District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 73.3526.

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

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

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

   H.R. Conf. Rep. No. 97-765, at 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 act (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).

   Southern California Broadcasting Co., 6 FCC Rcd at 4388, P: 5; Callais
   Cablevision, Inc., 16 FCC Rcd at 1362, P: 9.

   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).

   Lazer became the licensee of Station KSSB on September 22, 2006. See File
   No. BALH-20051208ADX, granted July 31, 2006, consummated September 22,
   2006.

   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).

   The Station KSSB public inspection file was missing, inter alia, the
   issues/programs lists for the second and third quarters of 2007 at the
   time of the first inspection. The Station's public inspection file
   contained these two lists at the time of the second inspection, but the
   other noted issues/programs lists remained missing from the file. See
   supra P:P: 2-3.

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.204, 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 11-886

                                       2

   Federal Communications Commission DA 11-886