Before the

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, D.C. 20554**

# In the Matter of

Radio Station KDAP Douglas, AZ )

KASA Radio Hogar, Inc. ) NAL/Acct No. 200132940002

1445 West Baseline Rd. ) Case No. EB-00-SD-295

Phoenix, AZ 85041 )

# NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Adopted: February 15, 2001 Released: February 15, 2001**

By the Enforcement Bureau: San Diego Office

## INTRODUCTION

1\. In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
find KASA Radio Hogar, Inc. (Hogar) has apparently violated Sections
73.54(d), 73.1350(c)(1), 73.1590(a)(6) and 73.3526(a)(2) of the
Commission's Rules and Regulations (Rules), by failure to provide a copy
of the station's antenna resistance and reactance measurements during an
inspection, failure to have the proper monitoring equipment installed at
the duty operator position, failure to conduct annual equipment
performance measurements and failure to maintain a Public Inspection
File[^1]. We conclude that Hogar is apparently liable for forfeiture in
the amount of fifteen thousand dollars (\$15,000).

## BACKGROUND

2\. On November 6, 2000, the FCC's San Diego office received information
from FCC's Columbia Operations Center in Laurel, MD that the carrier
frequency measurement of the AM Broadcast radio station KDAP Douglas, AZ
exceeded the frequency tolerance in violation of Section 73.44(b) of the
Rules. The measurement was made using the remote monitoring equipment
located at the FCC's Douglas, AZ Monitoring Facility.

3\. On November 17, 2000 an agent from the FCC's San Diego office
investigated the alleged violation by conducting an inspection of KDAP's
studio and transmitter located at 2031 N. Sulphur Springs St., Douglas,
AZ. During the inspection of KDAP several violations of Rules were
discovered. Most were minor and technical in nature. However, the four
listed above were the most serious.

4\. On December 19, 2000 a violation notice was issued to Hogar listing
ten violations found during the inspection of KDAP. On January 26, 2001
a fax from the Hogar's Washington D.C. law firm was received by this
office in reply to the violation notice.

## DISCUSSION

5\. The reply states that Hogar has either corrected or is working to
correct these violations. However, there was no adequate explanation why
the four violations cited may have occurred. These are serious
infractions that merit more than a simple citation letter and a reply
that all has been corrected.

6\. A licensee of an AM Broadcast station must keep on file at the
station location the data gathered from the measurements of the
station's antenna system as required by Section 73.54(d) of the Rules.
This information is essential in determining the station's transmitter
output power. The reply to our violation notice from Hogar does not
indicate where such measurements are maintained or if such measurements
were ever conducted. A monetary forfeiture of one thousand dollars
(\$1000) is proposed for this violation.

7\. Licensees of all broadcast stations are responsible for maintaining
and controlling their station's operating parameters such as output
power and the level of modulation as required by Section 73.1350(c)(1)
of the Rules. The FCC allows licensees great flexibility in designing
and constructing necessary equipment and circuitry to control their
station's operating parameters. In this case, Hogar did not provide any
means for the station's duty operator to monitor or control these two
basic operating parameters from the main duty position. The reply from
Hogar again does not address the reasons why such a violation occurred,
only that the violation will be corrected. A monetary forfeiture of
three thousand dollars (\$3000) is proposed for this violation.

8\. An AM Broadcast licensee must conduct equipment performance
measurements annually to determine if their station is generating
spurious signals beyond what is permitted under Section 73.44 of the
Rules [^2], as required by Section 73.1590(a)(6) of the Rules. During
the inspection no copies of previous equipment performance measurements
were available or any evidence that any had been performed. Further, the
reply from Hogar does not explain why such measurements were not
available. A monetary forfeiture of one thousand dollars (\$1000) is
proposed for this violation.

9\. The inspection of KDAP revealed no public inspection file at the
main studio location. Hogar was in violation of Section 73.3526(a)(2) of
the Rules which in part states that " Every permittee or licensee of an
AM, FM, or TV station in the commercial broadcast services shall
maintain a public inspection file containing the material, relating to
that station, described in... this section. .... A separate file shall
be maintained for each station for which an authorization is
outstanding, and the file shall be maintained so long as an
authorization to operate the station is outstanding." Based on the
evidence before us, we find that Hogar has willfully[^3] violated
Section 73.3526(a)(2) of the Rules by not maintaining a public
inspection file. A monetary forfeiture of ten thousand dollars
(\$10,000) is proposed for this violation.

## ORDERING CLAUSES

10\. Accordingly, **IT IS ORDERED THAT**, pursuant to Section 503(b) of
the Act,[^4] and Sections 0.111, 0.311 and 1.80 of the Commission\'s
Rules,[^5] KASA Radio Hogar, Inc. is hereby **NOTIFIED** of their
**APPARENT LIABILITY FOR A 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 and Regulations.

11\. **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**, KASA Radio Hogar, Inc. **SHALL** **PAY** the full
amount of the proposed forfeiture or **SHALL FILE** a written statement
seeking reduction or cancellation of the proposed forfeiture. The
response, if any, must be mailed to Federal Communications Commission,
Enforcement Bureau, Technical and Public Safety Division, 445 12^th^
Street, S.W., Washington, DC 20554, Ref: EB-00-SD-295, NAL/Acct. No.
200132940002.

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; 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\. 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.[^6]

14\. **IT IS FURTHER ORDERED THAT** this Notice shall be sent, by
certified mail, return receipt requested, to KASA Radio Hogar, Inc.,
1445 West Baseline Rd., Phoenix, AZ 85041.

FEDERAL COMMUNICATIONS COMMISSION

William R. Zears Jr.

District Director - San Diego Office

[^1]: 47 C.F.R. §§ 73.54(d), 73.1350(c)(1), 73.1590(a)(6) and
    73.3526(a)(2)

[^2]: 47 C.F.R. § 73.44,

[^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. § 503(b).

[^5]: 47 C.F.R. §§ 0.111, 0.311, 1.80.

[^6]: *See* 47 C.F.R. § 1.1914.