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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 No.: EB-10-LA-0032      
                                            )                                
     Licensee of Broadcast Station              NAL/Acct. No.: 201132900001  
     KXDZ(FM)                               )                                
                                                FRN: 0017174020              
     Templeton, California                  )                                
                                                                             
     Facility ID # 70781                    )                                
                                                                             
                                            )                                


                                FORFEITURE ORDER

   Adopted: April 18, 2012 Released: April 19, 2012

   By the Regional Director, Western Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order, we issue a monetary forfeiture in the amount
       of ten thousand dollars ($10,000) to Mapleton License of San Luis
       Obispo, LLC (Mapleton), licensee of Station KXDZ(FM), in Templeton,
       California, for willfully and repeatedly violating Section 73.3526  of
       the Commission's rules (Rules), which requires broadcast stations to
       maintain a complete public inspection file. The noted violations
       involve Mapleton's failure to maintain multiple issues/programs list
       in the Station KXDZ(FM) public inspection file. In addition, no later
       than thirty (30) calendar days from the date of this Forfeiture Order,
       Mapleton must submit a statement signed under penalty of perjury that
       the Station KXDZ(FM) public inspection file is in compliance with
       Section 73.3526 of the Rules.

   II. BACKGROUND

    2. On February 24, 2010, an agent from the Enforcement Bureau's Los
       Angeles Office inspected the main studio of Station KXDZ(FM), located
       in San Luis Obispo, California. The agent reviewed the content of
       Station KXDZ(FM)'s public inspection file and discovered that required
       issues/programs lists were missing for the fourth quarter of 2007, the
       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.

    3. On November 5, 2010, the Los Angeles Office issued a Notice of
       Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to
       Mapleton for failing to maintain a complete public inspection file.
       Mapleton responded to the NAL on December 6, 2010. In its Response,
       Mapleton argues that the proposed forfeiture should be cancelled or
       reduced because Mapleton "is not responsible for maintaining public
       file material from the period of time prior to the Station's current
       ownership, and because the amount of the proposed forfeiture
       improperly exceeds the forfeiture amounts imposed in similar
       circumstances."

   III. DISCUSSION

    4. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Communications Act of 1934, as amended
       (Act), Section 1.80 of the Rules, and the Commission's Forfeiture
       Policy Statement. In examining Mapleton's Response, Section 503(b) of
       the Act requires that the Commission take into account the nature,
       circumstances, extent, and gravity of the violation 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. We considered Mapleton's Response to the NAL in light of
       these statutory factors and find that neither cancellation nor
       reduction of the forfeiture is warranted for the reasons discussed
       below.

    5. 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) 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. On February 24, 2010, a Los Angeles agent
       found that Mapleton failed to maintain a complete public inspection
       file for Station KXDZ(FM), by omitting from the station's file six
       quarterly issues/programs lists over three calendar years.

    6. Mapleton does not dispute that the six quarterly issues/programs lists
       were missing from the Station KXDZ(FM) public inspection file. Rather,
       Mapleton contends that the violation occurred prior to the current
       license term and that the current license term began on November 4,
       2009, when a long-form transfer of control of Mapleton was
       consummated. Mapleton further contends that because a transfer of
       control occurred, its current owners are not responsible for the
       potential violations incurred by its prior owners and that the Rules
       do not require its current owner to create documents that were missing
       from the Station KXDZ(FM) public inspection file at the time of the
       consummation of the transfer of control. Mapleton concludes that an
       order released by the Audio Services Division of the Commission's
       Media Bureau "compels" the dismissal of an NAL "issued to a licensee
       with respect to public file material that was required to be prepared
       and placed in the public file by the prior owner."

    7. We disagree with Mapleton's contentions, legal analysis, and
       conclusion. Regarding the responsibility of a licensee that is the
       subject of a transfer of control, Commission precedent is clear:
       "liability for violations of Commission's rules inures to the licensee
       regardless of an intervening transfer of control." The Commission has
       specifically stated that "[t]he fact that the ownership of the company
       changed hands does not affect the company's liability." Mapleton does
       not argue that it was not the licensee during the period of time
       covering the issues/programs lists at issue here; Mapleton only argues
       that its ownership changed on November 4, 2009. As the Commission has
       indicated in the past, however, the transfer of control of Mapleton is
       not relevant to our review here. Consequently, we affirm the findings
       of the Los Angeles Office and find that Mapleton failed to maintain a
       complete public inspection file for Station KXDZ(FM).

    8. Mapleton also argues that the proposed forfeiture amount is excessive
       and should be reduced because in other cases, where a licensee failed
       to produce seven or fewer issues/programs lists, the forfeiture
       proposed was $4,000. While the cases produced by Mapleton show smaller
       forfeitures proposed, other precedent proposed even larger forfeitures
       for similar numbers of missing issues/programs lists. As each case
       presents a unique set of considerations and facts, we must review this
       case consistent with the statutory factors listed above. Upon review
       we find that Mapleton failed to maintain a complete public inspection
       file, beginning in 2008, and that public inspection file continued to
       be incomplete over two years later. Throughout its current license
       term, Mapleton failed to consistently comply with the Commission's
       public file requirements, both before and after it was transferred to
       its current owners. Given these facts, we see no reason to reduce the
       proposed forfeiture amount.

    9. We have examined Mapleton's Response to the NAL pursuant to the
       statutory factors above, and in conjunction with the Forfeiture Policy
       Statement. As a result of our review, we conclude that Mapleton
       willfully and repeatedly violated Section 73.3526 of the Rules.
       Considering the entire record and the factors listed above, we find
       that a forfeiture in the amount of $10,000 is warranted. We also note
       that Mapleton has not indicated whether the public inspection file for
       Station KXDZ(FM) has come into compliance with the requirements of
       Section 73.3526 of the Rules. We therefore order Mapleton to submit a
       written statement pursuant to Section 1.16 of the Rules signed under
       penalty of perjury by an officer or director of Mapleton within thirty
       (30) calendar days of the release date of this Forfeiture Order  that
       Station KXDZ(FM) is now in compliance with Section 73.3526  of the
       Rules.

   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, 0.204,
       0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Mapleton
       License of San Luis Obispo, LLC, IS LIABLE FOR A MONETARY FORFEITURE
       in the amount of ten thousand dollars ($10,000) for willfully and
       repeatedly violating Section 73.3526 of the Commission's Rules.

   11. IT IS FURTHER ORDERED that Mapleton License of San Luis Obispo, LLC,
       SHALL SUBMIT a written statement, as described in paragraph 9, within
       thirty (30) calendar days of the release date of this Forfeiture
       Order. The statement must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Los Angeles Office,
       18000 Studebaker Road, Suite 660, Cerritos, CA, 90703. Mapleton
       License of San Luis Obispo, LLC, shall also e-mail the written
       statement to WR-Response@fcc.gov.

   12. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within thirty (30) calendar days of the
       release of this Forfeiture Order. If the forfeiture is not paid within
       the period specified, the case may be referred to the U.S. Department
       of Justice for collection pursuant to Section 504(a) of the Act.
       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.  Mapleton License of San Luis Obispo,
       LLC, shall also send electronic notification on the date said payment
       is made to WR-Response@fcc.gov

   13. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
       sent by both First Class Mail and Certified Mail, Return Receipt
       Requested to Mapleton License of San Luis Obispo, LLC, 10900 Wilshire
       Boulevard, Los Angeles, CA, 90024, and Kevin P. Latek, Esquire, Dow
       Lohnes PLLC, 1200 New Hampshire Avenue NW, Suite 800, Washington, DC
       20024, its counsel of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   47 C.F.R. S: 73.3526.

   Mapleton License of San Luis Obispo, Notice of Apparent Liability for
   Forfeiture, 25 FCC Rcd 15550 (Enf. Bur. 2010).

   See Response of Mapleton (filed Dec. 6, 2010, in EB-10-LA-0032)
   (Response).

   Id. at 1.

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

   47 C.F.R. S: 1.80.

   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), recons. denied, 15 FCC Rcd 303 (1999) (Forfeiture
   Policy Statement).

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

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

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

   Id.

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

   Response at 2.

   Id. (citing Citadel Broadcasting Company, Forfeiture Order, 25 FCC Rcd
   15060 (Media. Bur. 2010) (Citadel Broadcasting) (licensee not liable for
   violation of public inspection file rules that occurred during period
   prior to transfer of control to the current ownership).

   Mapleton incorrectly asserts that the Station KXDZ(FM)'s license term
   commenced on the date of consummation of the transfer of control of
   Mapleton Licensee of San Luis Obispo, LLC., from Mapleton Radio, LLC to
   Mapleton Radio Holding, LLC. Section 503(b)(6) of the Act defines the
   "date of commencement of the current term of such license" as the date of
   commencement of the last term of license for which the licensee has been
   granted a license by the Commission. 47 U.S.C. S: 503(b)(6). Station
   KXDZ(FM)'s most recent renewal application was granted on November 29,
   2005, for a term expiring December 1, 2013. See File No. BRH -
   20050729DPU, granted November 29, 2005 (2005 Station KXDZ(FM) Renewal
   Application). Consequently, the Station KXDZ(FM) current license term
   began on November 29, 2005, not on November 4, 2009, and all of the
   issues/programs lists at issue here were required to be in the Station
   KXDZ(FM) public inspection file at the time of the Los Angeles agent's
   inspection. See 47 C.F.R. S: 73.3526(e)(12).

   WLDI, Inc., Order, 17 FCC Rcd 14750, 14752 (Enf. Bur. 2002) (entity liable
   for violations concerning broadcasting of indecent material regardless of
   a subsequent transfer of control) (citing Winslow Communications, Inc.,
   Memorandum Opinion and Order, 45 FCC 2d 662 (1974) (licensee responsible
   for compliance with Commission radiotelephone operator rules despite
   transfer of control of stock of the licensee subsequent to the
   violations)).

   EZ Sacramento, Memorandum Opinion and Order, 16 FCC Rcd 4958, 4959 (2001)
   (licensee liable for violations concerning broadcast of telephone
   conversations despite intervening transfer of control).

   Mapleton incorrectly cites to Section 73.3527(d)(1), the rule applicable
   to maintenance of the public inspection file for non-commercial
   educational stations involved in an assignment of the license, to support
   its contention that it is not responsible for maintaining the public
   inspection file from the commencement of the license term. Response at 2.
   The correct rule applicable to a commercial station involved with a
   transfer of control situation is Section 73.3526(d)(2), which provides
   that "[i]n cases involving applications for consent to transfer of control
   of a permittee or licensee of a broadcast station, the file . . . shall be
   maintained by the permittee or licensee." As the licensee, Mapleton was
   clearly responsible for maintenance of the public inspection file
   throughout the license term.

   Mapleton asserts that the Citadel Broadcasting case and its reliance on
   certification instructions on Media Bureau broadcast renewal forms
   requires a different result. We disagree. We have previously stated that
   "[t]he issues of where liability lies for violations that occurred prior
   to a transfer of control and whether a new owner can certify to actions
   that took place prior to the transfer of control are entirely different
   issues. With regard to liability, the licensee remains the same after a
   transfer of control and therefore liability, as a legal matter, remains
   with the licensee. In the context of a license renewal application, a
   transferee cannot, as a legal or practical matter, certify that the
   licensee complied with the Commission's rules during a period of time
   prior to the transferee obtaining ownership." Hensley Broadcasting, Inc.,
   Forfeiture Order, 24 FCC Rcd 115, 116 n.9 (Enf. Bur. 2009) (licensee
   liable for forfeiture assessed for failing to ensure that multiple
   issues/programs lists were placed in a station's public inspection file
   despite intervening transfer of control) (Hensley Broadcasting).

   Response at 3.

   Wilson Broadcasting, Inc., Memorandum Opinion and Order, 22 FCC Rcd 15963
   (Enf. Bur. 2007) (affirming a $4,000 forfeiture for missing at least two
   issues/programs list in a public file); Citadel Broadcasting, supra note
   14 (assessing a $4,000 to a licensee for self-reporting seven missing
   issues/programs lists on a renewal); Hensley Broadcasting, supra note 19 
   (assessing a $4,000 forfeiture for four missing issues/programs lists).

   Crocodile Broadcasting Corp., Inc., Notice of Apparent Liability for
   Forfeiture and Order, 26 FCC Rcd 1173 (Enf. Bur. 2011) (proposing a
   $10,000 forfeiture for missing eight issues/programs list from a public
   inspection file); Entertainment Media Trust, Dennis J. Watkins, Trustee,
   Notice of Apparent Liability for Forfeiture, 26 FCC Rcd 6877 (Enf. Bur.
   2011) (proposing a $12,000 for eight issues/programs lists missing from a
   public inspection file).

   See, e.g., Lazer Licenses, Order on Review, 27 FCC Rcd 626 (2012)
   (affirming Enforcement Bureau determination to reduce, but not cancel, a
   forfeiture amount when licensee demonstrates a good-faith effort to
   produce missing issues/programs list); Twenty-One Sound Communications,
   Inc., Order on Review, 23 FCC Rcd 2436, 2439 (2008) (affirming an
   Enforcement Bureau decision that an incomplete public inspection file,
   missing only three items, could subject a licensee to monetary forfeitures
   regardless of why or for how long the items were missing).

   Mapleton objects to the Los Angeles Office's reliance on a statement in
   the 2005 Station KXDZ(FM) Renewal Application concerning previous items
   missing from the KXDZ(FM) public inspection file along with Mapleton's
   promise to comply with the public file requirements going forward.
   Response at 4. We find no error as compliance with the public file rules
   is anticipated from licensees and despite being put on notice of prior
   public inspection file violations, Mapleton, even under its current
   owners, made no effort to ensure that the Station KXDZ(FM) public
   inspection file was completely compliant with the requirements of Section
   73.3526.

   47 C.F.R. S: 1.16.

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
   1.80(f)(4), 73.3526.

   47 U.S.C. S: 504(a).

   Federal Communications Commission DA 12-608

   1

                                       4

   Federal Communications Commission DA 12-608