Federal Communications Commission DA 11-870
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Consolidated Radio, Inc.
Licensee of Station KVOZ(AM)
Del Mar Hills, Texas
Facility ID #: 6429
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File No: EB-10-HU-0045
NAL/Acct. No.:  201132540002
FRN: 0006158083
NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER
Adopted:  May 16, 2011 Released: May 16, 2011
By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture and Order (“NAL”), we find that 
Consolidated Radio, Inc. (“Consolidated Radio”), licensee of Station KVOZ(AM) in Del Mar Hills, Texas, 
apparently willfully and repeatedly violated sections 73.1125, 73.1745(a) and 73.3526 of the Commission’s 
Rules (“Rules”)1 by failing to (1) maintain a main studio in the community of license; (2) operate consistent 
with the terms of its station authorization; and (3) maintain and make available a complete public 
inspection file.  We conclude that Consolidated Radio is apparently liable for a forfeiture in the amount of 
twenty-one thousand dollars ($21,000).  We further order Consolidated Radio to submit a sworn statement 
certifying that it is currently in compliance with sections 73.1125, 73.1745(a), and 73.3526 of the Rules.2
II. BACKGROUND
2. On July 27 and 28, 2010, an agent from the Enforcement Bureau’s Houston Office 
(“Houston Office”) monitored the field strength for AM broadcast Station KVOZ in Del Mar Hills, Texas.  
The agent observed that the station’s field strength remained the same both days after sunset.3
3. On July 28, 2010, an agent from the Houston Office also attempted to inspect Station 
KVOZ, but could not locate the station’s main studio in Del Mar Hills, Texas, its community of license.  
The station had no published local or toll free telephone number in Del Mar Hills, so the agent called 
Consolidated Radio at its office in McAllen, Texas.  Consolidated Radio provided the agent with a name of 
a contractor from Brownsville, Texas who handles FCC issues for Station KVOZ and advised that the 
contractor would coordinate an inspection of the station.    
  
1 47 C.F.R. §§ 73.1125, 73.1745(a), 73.3526.
2 Id.
3 In Del Mar Hills, Texas, during the month of July, local sunset occurs at 8:30 p.m. CDT. See 
http://www.fcc.gov/mb/audio/bickel/srsstime.html. 
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4. The agent thereafter contacted the contractor, and on July 29, 2010, the agent, accompanied 
by the aforementioned contractor and a technician, inspected the station’s transmitter site.  Station KVOZ’s 
technician stated that the station had been running at 3 kilowatts power during both daytime and nighttime 
operation “for the last few months” due to a problem with its transmitter.  The technician, in the presence of 
Consolidated Radio’s contractor, also stated that Station KVOZ had not maintained a main studio for that 
period.  Consequently, the station’s public inspection file had not been available for inspection by the public 
at a main studio for that time.  Later that same day, the agent, accompanied by the technician and the 
contractor, traveled to a private residence in Laredo, Texas and inspected a file that reportedly had been 
located at the previous main studio location.  The file contained some of the contents of the station’s public 
inspection file, but did not contain the station’s service contour map, political file, or issues/programs lists.     
III. DISCUSSION
5. Section 503(b) of the Communications Act of 1934, as amended (“the Act”),4 provides that 
any person who willfully or repeatedly fails to comply substantially with the terms and conditions of any 
license, or willfully or repeatedly fails to comply with any of the provisions of the Act or of any rule, 
regulation or order issued by the Commission thereunder, shall be liable for a forfeiture penalty.  The term 
“willful” as used in section 503(b) has been interpreted to mean simply that the acts or omissions are 
committed knowingly.5 The term “repeated” means the commission or omission of such act more than once 
or for more than one day.6
6. Section 73.1125 of the Rules requires the licensee of a broadcast station to maintain a main 
studio at one of the following locations: (1) within the station’s community of license; (2) at any location 
within the principal community contour of any AM, FM or TV broadcast station licensed to the station’s 
community of license; or (3) within twenty five miles from the reference coordinates of the center of its 
community of license.7 As discussed above, the Bureau’s investigation on July 29, 2010 revealed that 
Consolidated Radio had failed to maintain a main studio for Station KVOZ for a period of several months.8  
Thus, based on the evidence before us, we find that Consolidated Radio willfully and repeatedly violated 
section 73.1125 of the Rules by failing to maintain a main studio.
  
4 47 U.S.C. § 503(b). 
5 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed 
under 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 or any rule or regulation of the Commission authorized by this Act….”  
See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. 
denied, 7 FCC Rcd 3454 (1992).
6 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also applies to violations for which forfeitures are 
assessed under section 503(b) of the Act, provides that “[t]he term ‘repeated,’ when used with reference to the 
commission or omission of any act, means the commission or omission of such act more than once or, if such 
commission or omission is continuous, for more than one day.” 
7 47 C.F.R. § 73.1125.
8 Neither the private residence in Laredo nor the unattended transmitter site qualifies as a main studio.  Although the 
station’s sound board and microphone were located at the private residence, the residence did not appear to contain 
continuous program transmission capability as it only had one telephone line, was not open to the public, and was 
not staffed by any station employees.  Similarly, the transmitter site was unattended and appeared to contain no 
production facilities. See Amendment of Sections 73.1125 and 73.1130 of the Commission's Rules, the Main Studio
and Program Origination Rules for Radio and Television Broadcast Stations, Memorandum Opinion and Order, 3 
F.C.C.R. 5024, 5026 (1988) (finding in part that a station must equip the main studio with production and 
transmission facilities that meet applicable standards) (subsequent history omitted); Jones Eastern of the Outer 
Banks, Inc., Memorandum Opinion and Order, 6 FCC Rcd 3615, 3616 (1991), (defining minimally acceptable 
“meaningful presence” as full-time managerial and full-time staff personnel), clarified, 7 FCC Rcd 6800 (1992).  
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7. Section 73.1745(a) of the Rules states that no broadcast station shall operate at times, or 
with modes or power, other than those specified and made a part of the license, unless otherwise provided.9  
Station KVOZ is licensed to operate at 10 kilowatts during the day and 1 kilowatt after sunset.  As discussed 
above, on July 27 and 28, 2010, an agent observed that Station KVOZ did not reduce its power after sunset.  
The station’s technician admitted that Station KVOZ had for several months operated with 3 kilowatts of 
power at all times.  Accordingly, Station KVOZ was operating over its authorized power after sunset.  Thus, 
based on the evidence before us, we find that Consolidated Radio willfully and repeatedly violated section 
73.1745(a) of the Rules by failing to operate Station KVOZ in accordance with the station’s authorized 
power as specified on the station’s license.
8. Section 73.3526(a)(2) of the Rules requires that every permittee or licensee of an AM, FM, 
TV or class A TV station in the commercial broadcast services maintain a public inspection file containing 
the material, relating to that station, described in paragraphs (e)(1) through (e)(10) and paragraph (e)(13) of 
that section.  In addition, section 73.3526(b) of the Rules requires the public inspection file be maintained at 
the station’s main studio, and section 73.3526(c)(1) of the Rules requires the file be available for public 
inspection at any time during regular business hours.  As Station KVOZ did not have a main studio for 
several months, the station’s public inspection file was not available for inspection at the station’s main 
studio during normal business hours for several months prior to the Bureau’s inspection.  Although the 
station did produce for inspection a file at a private residence, as discussed above, it was unavailable for 
public inspection during normal business hours and did not contain the station’s service contour map, 
political file, or any issues/programs lists. Accordingly, based on the evidence before us, we find that 
Consolidated Radio apparently willfully and repeatedly violated sections 73.3526 of the Rules by failing to 
maintain and make available a complete public inspection file.
9. Pursuant to the Forfeiture Policy Statement, and section 1.80 of the Rules, the base 
forfeiture amount for violation of main studio rule is $7,000, for public inspection file violations is $10,000 
and for exceeding power limits is $4,000.10 In assessing the monetary forfeiture amount, we must also take 
into account the statutory factors set forth in section 503(b)(2)(E) of the Act, which include the nature, 
circumstances, extent, and gravity of the violations, and with respect to the violator, the degree of 
culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.11  
Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the statutory factors to the instant 
case, we conclude that Consolidated Radio is apparently liable for a total forfeiture of $21,000, consisting of 
the following elements:  $7,000 for failure to maintain a main studio; $4,000 for failure to operate its station 
pursuant to the authorized power limits; and $10,000 for failure to maintain and make available a complete 
public inspection file.  We caution Consolidated Radio and other licensees that additional or similar 
violations may be subject to substantially larger forfeitures.
10. We direct Consolidated Radio to submit a statement signed under penalty of perjury by an 
officer or director of Consolidated Radio stating that: (1) it is maintaining a main studio for Station KVOZ 
in compliance with section 73.1125 of the Rules; (2) Station KVOZ is powering down after sunset as 
specified in its station authorization; and (3) a complete public inspection file is available at Station KVOZ’s 
main studio.  This statement must be provided to the Houston Office at the address listed in paragraph 15 
within thirty days of the release date of this Notice of Apparent Liability for Forfeiture.  
 
  
9 47 C.F.R. § 73.1745(a).
10 The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997) (“Forfeiture Policy Statement”), recon. denied, 
15 FCC Rcd 303 (1999); 47 C.F.R. § 1.80.
11 47 U.S.C. § 503(b)(2)(E).
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IV. ORDERING CLAUSES
11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications 
Act of 1934, as amended, and sections 0.111, 0.311, 0.314 and 1.80 of the Commission’s Rules, 
Consolidated Radio, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
in the amount of twenty-one thousand dollars ($21,000) for violations of sections 73.1125, 73.1745(a) and 
73.3526 of the Rules.12
12. IT IS FURTHER ORDERED that Consolidated Radio, Inc. SHALL SUBMIT a sworn 
statement as described in paragraph 10 to the Houston Office within thirty days of the release date of this 
Notice of Apparent Liability for Forfeiture and Order.
13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's Rules 
within thirty days of the release date of this Notice of Apparent Liability for Forfeiture and Order, 
Consolidated Radio, Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a 
written statement seeking reduction or cancellation of the proposed forfeiture.
14. Payment of the forfeiture must be made by credit card, check or similar instrument, 
payable to the order of the Federal Communications Commission.  The payment must include the 
Account Number and FRN Number referenced above.  Payment by check or money order may be mailed 
to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.  Payment by 
overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 
Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number 
021030004, receiving bank TREAS/NYC, and account number 27000001.  For payment by credit card, 
an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter 
the NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in 
block number 24A (payment type code).  Requests for full payment under an installment plan should be 
sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, 
Washington, D.C. 20554.8  If you have questions, please contact the Financial Operations Group Help 
Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made, Consolidated Radio 
will send electronic notification on the date said payment is made to SCR-Response@fcc.gov.
15. The written statement seeking reduction or cancellation of the proposed forfeiture, if any, 
must include a detailed factual statement supported by appropriate documentation and affidavits pursuant 
to sections 1.80(f)(3) and 1.16 of the Rules.  The written statement must be mailed to Federal 
Communications Commission, Enforcement Bureau, South Central Region, Houston Office, 9597 Jones 
Road #362, Houston, Texas, 77065 and must include the NAL/Acct. No. referenced in the caption.  The 
statement should also be emailed to SCR-Response@fcc.gov.  
16. 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 ("GAAP"); 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.  
  
12 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80, 73.1125, 73.1745(a), 73.3526.
8 See 47 C.F.R. § 1.1914.
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IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by 
Certified Mail, Return Receipt Requested, and regular mail, to Consolidated Radio, Inc. at P.O. Box 252, 
McAllen, TX 78505-0252.
FEDERAL COMMUNICATIONS COMMISSION
Lee R. Browning
Resident Agent 
Houston Office
South Central Region
Enforcement Bureau