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Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

Multicultural Radio Broadcasting, Inc.

Antenna Structure Registrant

ASR No. 1013937

Cutler, California

)

File Number:
EB-06-SF-276

NAL/Acct. No.: 200732960001

FRN: 0005086368

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: December 22, 2006

By
the District Director, San Francisco Office, Western Region, Enforcement
Bureau:

INTRODUCTION

In this Notice
of Apparent Liability for Forfeiture ("NAL"), we find that Multicultural Radio Broadcasting, Inc. ("Multicultural"), owner of antenna structure #1013937 near Cutler, California, apparently
repeatedly violated Section 303(q) of the Communications Act of 1934, as amended,
("Act"),1 and Section 17.51 of the Commission's
Rules ("Rules")2 by failing
to exhibit
the structures red
obstruction lighting from sunset to sunrise. We conclude, pursuant
to Section 503(b) of the Communications Act of 1934, as amended ("Act"),3 that Multicultural is apparently liable for a forfeiture
in the amount of ten thousand dollars ($10,000).�

BACKGROUND

Antenna structure
#1013937 is an antenna tower of 90.6 meters (297.244 feet) in
height above
ground.� It is tower
four in a four-tower array used by KWRU(AM) to serve Fresno, California.4 According to the antenna structure registration (ASR) for
antenna structure #1013937,
the structure is required to have painting and lighting in accordance with specific paragraphs of
the Commissions Obstruction Marking and Lighting Specifications for Antenna Structures FCC
Form 715 (FCC Form 715).5 Specifically,
the structure is required to be painted,6 and
have, at
its top, a flashing beacon equipped
with two lamps and red filters,7 along with at least two lamps enclosed in red obstruction light globes located on levels at
approximately two-thirds and one-third of the overall height of the tower.8 The lights on antenna structure #1013937 are required to burn continuously
or be controlled by a light sensitive device.9�
On October
4, 2006,
the Enforcement
Bureaus San Francisco Office received a complaint that antenna structure #1013937, located near Cutler,
California was not lighted. An agent from the San Francisco Office contacted
the Federal
Aviation Administrations Rancho Murrieta Flight Service Station (FSS) in
Rancho Cordova, California.� The FSS issued a 15 day Notice to Airmen (NOTAM) and informed the San Francisco agent that no prior light
outage report had been made for antenna structure #1013937.� The San Francisco agent then
contacted the Tulare County, California, Sheriffs Department and requested that a deputy drive by antenna structure #1013937 that evening to determine if the antenna array lights were extinguished.�
The Sheriffs Department dispatcher contacted the San Francisco agent at approximately
7:30 p.m. PDT on October 4, 2006, and reported that the lights on antenna structure #1013937 were extinguished.
On October
5, 2006, the San Francisco
agent drove to the Cutler,
California, area
and inspected
antenna structure #1013937.� During the evening
of October 5, 2006, the agent observed that the nighttime red obstruction lights for the antenna structure were not functioning.
On October
6, 2006 t

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