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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                           )                                
                                                                            
     In the Matter of                      )                                
                                                                            
     Blue Skies Broadcasting Corporation   )   File Number: EB-10-SD-0102   
                                                                            
     Licensee of Station KSKT-CA           )   NAL/Acct. No.: 201132940005  
                                                                            
     San Marcos, California                )   FRN: 0003777406              
                                                                            
     Facility ID # 58927                   )                                
                                                                            
                                           )                                


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: May 25, 2011 Released: May 26, 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 Blue Skies Broadcasting Corporation ("Blue Skies"), licensee of
       Station KSKT-CA, San Marcos, California, apparently willfully and
       repeatedly violated section 73.3526(e)(11)(i) of the Commission's
       rules ("Rules") by failing to maintain and make available the
       quarterly TV issues/programs lists in the local public inspection
       file. We conclude that Blue Skies is apparently liable for a
       forfeiture in the amount of fourteen thousand dollars ($14,000).

   II. BACKGROUND

    2. On June 22, 2010, agents from the Enforcement Bureau's San Diego
       Office ("San Diego Office") conducted an inspection with personnel of
       Station KSKT-CA at the station's main studio in Escondido, California.
       The agents reviewed the materials in Station KSKT-CA's public
       inspection file and found that the file was missing 34 quarterly TV
       issues/programs lists, i.e., all quarterly TV issues/programs lists
       since the Commission granted Station KSKT-CA's license on August 9,
       2001.

    3. On March 3, 2011, the Commission's San Diego office issued a Letter of
       Inquiry to Blue Skies requesting information on the status of Station
       KSKT-CA's public inspection file, and for a list of documents
       currently in the file. On March 21, 2011, the San Diego Office
       received a reply to the LOI from Blue Skies' President. In its LOI
       Response, Blue Skies listed the documents currently in the Station
       KSKT-CA public inspection file. That list did not include any
       quarterly 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. 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 sections
       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. 
       "Repeated" means that the act was committed or omitted more than once,
       or lasts more than one day.

    5. Section 73.3526(a)(2) of the Rules requires broadcast stations to
       maintain for public inspection a file containing materials listed in
       that section.  Section 73.3526(c)(1) of the Rules specifies that the
       file shall be available for public inspection at any time during
       regular business hours. Section 73.3526(e)(11)(i) of the Rules
       requires Class A and commercial TV 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 "TV issues/programs list." Copies of the issues/programs list must
       be retained in the public inspection file until final action has been
       taken on the station's next license renewal application. On June 22,
       2010, San Diego agents reviewed Station KSKT's public inspection file
       and found that it was missing 34 quarterly TV issues/programs lists.
       As evidenced by its LOI Response, Blue Skies has taken no action
       subsequent to the inspection to ensure that the required quarterly TV
       issues/programs lists are available in the Station KSKT-CA public
       inspection file. Accordingly, based on the evidence before us, we find
       that Blue Skies apparently willfully and repeatedly violated section
       73.3526(e)(11)(i) of the Rules by failing to maintain the TV
       issues/programs lists and make them available in Station KSKT's public
       inspection file.

    6. Pursuant to the Commission's Forfeiture Policy Statement, and section
       1.80 of the Rules, the base forfeiture amount for violation of the
       public file rule 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
       an upward adjustment is warranted, given that Blue Skies failed to
       correct the violation subsequent to the inspection by the San Diego
       agents. We therefore conclude that Blue Skies is apparently liable for
       a forfeiture in the amount of fourteen thousand dollars ($14,000) for
       its failure to maintain any quarterly TV issues/programs lists in its
       public inspection file. We also direct Blue Skies to submit a written
       statement signed under penalty of perjury by an officer or director of
       the company stating that Station KSKT-CA is now in compliance with
       section 73.3526 of the Rules. This statement must be provided to the
       Enforcement Bureau at the address listed in paragraph 11 within thirty
       days of the release date of this NAL.

   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, Blue Skies
       Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY
       FOR A FORFEITURE in the amount of fourteen thousand dollars ($14,000)
       for violation of section 73.3526(e)(11)(i) 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, Blue Skies 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. IT IS FURTHER ORDERED that Blue Skies Broadcasting Corporation SHALL
       SUBMIT a sworn statement as described in paragraph 6 to the
       Enforcement Bureau Office listed in paragraph 11 within thirty (30)
       days of the release date of this Notice of Apparent Liability for
       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 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. If payment is made, Blue Skies Broadcasting
       Corporation, shall 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, if
       any, must be mailed to Federal Communications Commission, Enforcement
       Bureau, Western Region, San Diego Office, 4542 Ruffner St., Room 370,
       San Diego, CA 92111 and must include the NAL/Acct. No. referenced in
       the caption. The statement should also be emailed 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 Blue Skies Broadcasting
       Corporation, 5220 Campo Road, Woodland Hills, California 91364.

   FEDERAL COMMUNICATIONS COMMISSION

   James T. Lyon

   District Director

   San Diego District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 73.3526(e)(11)(i).

   See File No. BLTTA-20010712AAA, granted August 9, 2001. Blue Skies filed
   an application to renew the Station KSKT-CA license on August 9, 2006. See
   File No. BRTTA-20060809. That application is still pending.

   See  Letter of Inquiry from James T. Lyon, Acting District Director, San
   Diego Office, Western Region, Enforcement Bureau, to Blue Skies
   Broadcasting Corporation, dated March 3, 2011 ("LOI").

   See Letter from Robert Ruiz, President, Blue Skies Broadcasting
   Corporation, to James T. Lyon, Acting District Director, San Diego Office,
   Western Region, Enforcement Bureau, dated March 21, 2011 ("LOI Response").

   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) ("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(c)(1).

   47 C.F.R. S: 73.3526(e)(11)(i).

   Id.

   Id.

   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,
   73.3526(e)(11)(i).

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

   (...continued from previous page)

   Federal Communications Commission DA 11-954

                                       2

   Federal Communications Commission DA 11-954