*Pages 1--2 from  Microsoft Word - 7509.doc*
 Federal  Communications  Commission  DA  01-  661 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 K.  I.  D.  S.  –  TV6 
 Licensee  of  Low  Power  Television  Station 
 K06MU,  Big  Bear  Lake,  California 


 ) 
 ) 
 ) 
 ) 
 ) 
 ) 
 ) 


 File  No.  99100489 
 NAL/  Acct.  No.  20013208005 
 Facility  #63149 


 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 


 1  See  K.  I.  D.  S.  –  TV6,  15  FCC  Rcd  20212  (Enforcement  Bureau  2000). 
1
 Federal  Communications  Commission  DA  01-  661 
 2 
 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 


 2  See  47  C.  F.  R.  §  1.1914. 
2