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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
K.I.D.S. - TV6 ) File No. 99100489
) NAL/Acct. No. 20013208005
Licensee of Low Power ) Facility #63149
Television Station K06MU, Big )
Bear Lake, California )
FORFEITURE ORDER
Adopted: March 13, 2001 Released: March 15, 2001
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order, we find that K.I.D.S. - TV6,
licensee of low power television station K06MU, Big Bear Lake,
California, violated section 310(d) of the Communications Act of
1934, as amended (``Act''), 47 U.S.C. § 310(d), and section
73.3540(a) of the Commission's rules, 47 C.F.R. § 73.3540(a), by
transferring de facto control of the K06MU license without
obtaining prior Commission approval. We conclude that K.I.D.S. -
TV6 is liable for an eight thousand dollar ($8,000) forfeiture.
II. BACKGROUND
2. On October 20, 2000, the Commission, by the Chief,
Enforcement Bureau, acting pursuant to delegated authority,
issued a Notice of Apparent Liability for Forfeiture (``NAL'') to
K.I.D.S. - TV6, proposing an $8,000 forfeiture.1 We issued the
NAL because it appeared that K.I.D.S. - TV6 had transferred de
facto control of K06MU without Commission authorization.
Pursuant to paragraph 18 of the NAL, we sent the NAL by certified
mail to the then licensee's last known address. On November 7,
2000, the NAL was returned to the Commission as ``Not Sufficient
for Delivery.'' After obtaining a current address, we resent the
NAL on January 30, 2001. The return receipt reflects delivery of
the NAL on February 2, 2001. To date, we have not received a
response to the NAL.
III. DISCUSSION
3. Section 310(d) of the Act provides in pertinent
part:
No . . . station license, or any rights
thereunder, shall be transferred, assigned, or
disposed of in any manner, voluntarily or
involuntarily, directly or indirectly, or by
transfer of control of any corporation holding
such permit license, to any person except upon
application to the Commission and upon finding by
the Commission that the public interest,
convenience, and necessity will be served thereby.
Similarly, section 73.3540(a) of the Commission's rules, 47
C.F.R. § 73.3540(a), provides, ``Prior consent of the FCC must be
obtained for a voluntary assignment or transfer of control.'' As
detailed in the NAL, K.I.D.S. - TV6 transferred control of K06MU
to Bear Valley Broadcasting, Inc. prior to having received
Commission authorization to do so. Having received nothing to
suggest otherwise, we conclude that the unauthorized transfer
occurred and that imposition of the forfeiture is warranted.
IV. ORDERING CLAUSES
4. ACCORDINGLY, IT IS ORDERED pursuant to 47 U.S.C. §
503(b) and 47 C.F.R. §§ 0.111, 0.311 and 1.80, that K.I.D.S. -
TV6 FORFEIT to the United States the sum of eight thousand
dollars ($8,000) for willfully and repeatedly violating 47 U.S.C.
§ 310(d) and 47 C.F.R. § 73.3540(a).
5. Payment of the forfeiture shall be made by mailing a
check or money order, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482, within thirty (30) days of
the release of this Forfeiture Order. See 47 C.F.R. § 1.80(h).
The payment should note the NAL/Acct. No. referenced above. If
the forfeiture is not paid within the period specified, the case
may be referred to the Department of Justice for collection
pursuant to 47 U.S.C. § 504. A request for payment of the full
amount of this Forfeiture Order under an installment plan should
be sent to: Chief, Revenue and Receivables Operations Group, 445
12th Street, S.W., Washington, D.C. 20554.2
6. IT IS FURTHER ORDERED THAT a copy of this Forfeiture
Order shall be sent by Certified Mail Return Receipt Requested to
K.I.D.S. - TV6, c/o Mr. Chuck Foster, 1055 - C Ortega Way,
Placentia, California 92870.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 See K.I.D.S. - TV6, 15 FCC Rcd 20212 (Enforcement Bureau
2000).
2 See 47 C.F.R. § 1.1914.