Before the

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, D.C. 20554**

# In the Matter of

Califormula Broadcasting )

1690 Frontage Road ) NAL/Acct No. 200132940001

Chula Vista, California 91911 ) Case No. EB-00-SD-248

# NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Adopted: October 13, 2000 Released: October 13, 2000**

By the Enforcement Bureau: San Diego District Office

## INTRODUCTION

1\. In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
find that Califormula Broadcasting (Califormula) has apparently violated
Section 301 of the Communications Act of 1934 ("Act"), as amended[^1],
by operating an unlicensed Private Microwave radio station without
Commission authorization. We conclude that Califormula is apparently
liable for a forfeiture in the amount of ten thousand dollars
(\$10,000).

## BACKGROUND

2\. On February 17, 2000, the FCC's San Diego District Office received a
complaint alleging that a Mexican FM Broadcast radio station, known as
XLNC1 Tijuana, was causing interference to the reception of FCC licensed
FM Broadcast Radio station KPFK Los Angeles.

3\. On February 22, 2000, from examining the Califormula's internet
WebPages, Califormula operated two Mexican FM Broadcast stations; XLNC1
and XHITZ-FM, both located in Tijuana, BN. Also, the studios and
business offices for these radio stations were located at 1690 Frontage
Road, Chula Vista, California.

4\. On July 25, 2000, an agent from the FCC's San Diego District Office
contacted Califormula staff by telephone and asked where the studio of
XLNC1 was located. This telephone conversation confirmed that the studio
for XLNC1 and XHITZ-FM was located at 1690 Frontage Road, Chula Vista,
California.

5\. On July 26, 2000, two agents from the FCC's San Diego District
Office inspected the studio facilities of at 1690 Frontage Road, Chula
Vista, California. Also, an interview was conducted with Mr.Victor Diaz,
owner and manager of the Califormula. Mr. Diaz indicated that the
program material for XHITZ-FM was being transmitted across the border by
a Private Microwave radio station on frequency 23225 MHz. An inspection
of the microwave transmitter was conducted.

6\. Mr. Diaz provided the FCC agents a copy of a FCC authorization for a
Private Microwave radio station using frequency 23225 MHz. However, the
location for that transmitter was 1229 Third St., Chula Vista,
California and granted under the name Noventa FM 90, Inc. No FCC
authorization to operate any Private Microwave radio station from the
1690 Frontage Road, Chula Vista, California site for Califormula could
be found. A subsequent search of FCC records revealed no authorization
had been issued.

## DISCUSSION

7\. On July 25, 2000, Califormula was operating an unauthorized Private
Microwave radio station on 23225 MHz at the studio location of XHITZ-FM
at 1690 Frontage Road, Chula Vista, California.

8\. Califormula was in violation of Section 301 of the Communications
Act of 1934, as amended[^2], which in part states that, "***No person
shall use or operate any apparatus for the transmission of energy or
communications or signals by radio..." "..except under and in accordance
with the Act and with a license in that behalf granted under the
provisions of this Act***." Despite verbal warnings given to Mr. Victor
Diaz on July 26, 2000, Califormula continues to operate the Private
Microwave radio station at 1690 Frontage Road, Chula Vista, California.

9\. Based on the evidence before us, we find that since July 25, 2000,
Califormula has willfully[^3] and repeatedly violated Section 301 of the
Act, as amended[^4], by operating radio transmission apparatus without a
Commission authorization.

10\. Pursuant to Section 1.80 of the Rules, Guidelines for Assessing
Forfeiture, the base forfeiture amount for operating a radio station
without an authorization is ten thousand dollars (\$10,000)[^5]. In
assessing the monetary forfeiture amount, we must also take into account
the statutory factors set forth in Section 503(b)(2)(D) of the
Communications Act of 1934 ("Act"), as amended, which include the
nature, circumstances, extent, and gravity of the violation(s), 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.[^6] Applying the Policy Statement and statutory factors to the
instant case, we believe that a monetary forfeiture of ten thousand
dollars (\$10,000) is warranted for the violation.

## ORDERING CLAUSES

> 11\. Accordingly, **IT IS ORDERED THAT**, pursuant to Section 503(b)
> of the Act,[^7] and Sections 0.111, 0.311 and 1.80 of the
> Commission\'s Rules,[^8] Califormula Broadcasting is hereby
> **NOTIFIED** of their **APPARENT LIABILITY FOR A FORFEITURE** in the
> amount of ten thousand dollars (\$10,000) for violating Section 301 of
> the Act[^9].

12\. **IT IS FURTHER ORDERED THAT**, pursuant to Section 1.80 of the
Rules, within thirty days of the release date of this **NOTICE OF
APPARENT LIABILITY**, Califormula Broadcasting **SHALL** **PAY** the
full amount of the proposed forfeiture or **SHALL FILE** a written
statement seeking reduction or cancellation of the proposed forfeiture.

> 13\. Payment of the forfeiture may be made by credit card through the
> Commission\'s Credit and Debt Management Center at (202) 418-1995 or
> by mailing a check or similar instrument, 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. The payment should note the
> NAL/Acct. No. 200132940001

14\. The response if any must be mailed to Federal Communications
Commission, 4542 Ruffner St., Suite 370, San Diego, CA 92111-2216 and
must include the NAL/Acct. No. 200132940001.

15\. 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; 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.

16\. Requests for payment of the full amount of this Notice of Apparent
Liability under an installment plan should be sent to: Chief, Credit and
Debt Management Center, 445 12^th^ Street, S.W., Washington, D.C.
20554.[^10]

> 17\. **IT IS FURTHER ORDERED THAT** this Notice shall be sent, by
> certified mail, return receipt requested, to Califormula Broadcasting,
> 1690 Frontage Road, Chula Vista, California 91911.

FEDERAL COMMUNICATIONS COMMISSION

William R. Zears Jr.

District Director

San Diego District Office

[^1]: 47 U.S.C. § 301.

[^2]: 47 U.S.C. § 301.

[^3]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to Section 503(b) of the Act, provides that "\[t\]he term 'willful',
    when used with reference to the commission or omission of any act,
    means the conscious and deliberate commission or omission of such
    act, irrespective of any intent to violate any provision of this Act
    ...." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^4]: 47 U.S.C. § 301.

[^5]: 47 C.F.R. § 1.80

[^6]: 47 U.S.C. § 503(b)(2)(D).

[^7]: 47 U.S.C. § 503(b).

[^8]: 47 C.F.R. §§ 0.111, 0.311, 1.80.

[^9]: 47 U.S.C. § 301

[^10]: *See* 47 C.F.R. § 1.1914.