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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
KASA Radio Hogar, Inc. ) File No. EB-00-SD-295
)
Licensee of Station KDAP(AM) ) NAL/Acct. No. 200132940002
)
Phoenix, Arizona )
FORFEITURE ORDER
Adopted: June 5, 2001 Released: June 7,
2001
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of fifteen thousand dollars
($15,000) against KASA Radio Hogar, Inc. (``KASA Radio''),
licensee of radio station KDAP(AM), for willful violation of the
following sections of the Commission's Rules ("Rules"): 73.54(d)
(failure to provide a copy of the station's antenna resistance
and reactance measurements during an inspection); 73.1350(c)(1)
(failure to have the proper monitoring equipment installed at the
duty operator position); 73.1590(a)(6) (failure to conduct annual
equipment performance measurements); and 73.3526(a)(2) (failure
to maintain a public inspection file)1.
II. BACKGROUND
2. On November 17, 2000, the FCC's San Diego Field Office
("San Diego Office") conducted an inspection of radio station
KDAP(AM) in Douglas, Arizona, after it received information from
the Enforcement Bureau's High Frequency Direction Finding Center
that KDAP(AM)'s carrier frequency measurement exceeded the
frequency tolerance in violation of Section 73.44(b) of the
Rules. The inspection revealed 10 different rule violations,
including the violation of Section 73.44(b). On December 19,
2000, the District Director of the San Diego Office issued a
Notice of Violation (``NOV'') for the violations. The District
Director of the San Diego Office issued a Notice of Apparent
Liability (``NAL'') to KASA Radio on February 15, 2001.
3. After being granted an extension of time to respond to
the NAL, KASA Radio submitted its response to the Commission on
April 19, 2001. In its response, KASA Radio does not dispute the
violations, rather, it seeks rescission or reduction of the
forfeiture amount because of KDAP(AM)'s financial condition.
III. DISCUSSION
4. As the NAL stated, the Commission will not consider
reducing or canceling a forfeiture in response to a claim of
inability to pay unless the petitioner submits documentation that
accurately reflects the petitioner's current financial status.
KASA Radio has submitted financial information reflective only of
the current financial condition of station KDAP(AM). KASA Radio
is the licensee of radio station KDAP(AM) and the recipient of
the NAL. The Commission will look to the current financial
condition of KASA Radio, the licensee, not an individual station,
to determine its ability to pay a forfeiture. KASA Radio has
not submitted sufficient documentation to enable us to evaluate
the licensee's current financial condition, therefore, we cannot
assess its ability to pay the forfeiture amount. Consequently,
we must deny its request for rescission or reduction of the
forfeiture based on its purported inability to pay.
IV. ORDERING CLAUSES
5. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the
Rules,2 KASA Radio of Hogar, Inc. IS LIABLE FOR A MONETARY
FORFEITURE in the amount of fifteen thousand dollars ($15,000)
for violating Sections 73.54(d), 73.1350(c)(1), 73.1590(a)(6),
and 73.3526(a)(2) of the Commission's Rules.
6. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules,3 within 30 days of the
release of this Order. If the forfeiture is not paid within the
period specified, the case may be referred to the Department of
Justice for collection pursuant to Section 504(a) of the Act.4
Payment may be made by mailing a check or similar instrument,
payable to the order of the "Federal Communications Commission,"
to the Federal Communications Commission, P.O. Box 73482,
Chicago, Illinois 60673-7482. The payment should note NAL/Acct.
No. 200132940002. Requests for full payment under an installment
plan should be sent to: Chief, Revenue and Receivables Group, 445
12th Street, S.W., Washington, D.C. 20554.5
7. IT IS FURTHER ORDERED that, a copy of this Forfeiture
Order shall be sent by Certified Mail Return Receipt Requested to
counsel for KASA Radio of Hogar, Inc., Wood, Maines & Brown,
Attention: Paul Brown, 1827 Jefferson Place, NW, Washington, DC
20036.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 73.54(d), 73.1350(c)(1), 73.1590(a)(6),
73.3526(a)(2).
2 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
3 47 C.F.R. § 1.80.
4 47 U.S.C. § 504(a).
5 See 47 C.F.R. § 1.1914.