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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                   )     File Number EB-02-SJ-050
                                                            )
Radio X Broadcasting Corp.         )   NAL/Acct. No. 200232680008
Licensee of Station WXLX, Lajas,   )
Puerto Rico and Owner of Antenna   )               FRN 0003762150
Structure #1043256 in Cabo Rojo,   )
Puerto Rico
Bayamon, Puerto Rico
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                      Released: September 5, 2002

By the Enforcement Bureau, San Juan Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find Radio X Broadcasting Corp., licensee of  radio 
station WXLX, Lajas, Puerto Rico, and owner of antenna  structure 
registration #1043256  near Cabo  Rojo, Puerto  Rico,  apparently 
liable for a forfeiture in the amount of twenty thousand  dollars 
($20,000)  for  willful   violation  of   Section(s)  17.50   and 
73.3526(b) of the Commission's Rules (``Rules'').1  Specifically, 
we find Radio X Broadcasting Corp. apparently liable for  failure 
to clean  and  repaint its  antenna  structure to  maintain  good 
visibility  and  for   not  maintaining   the  station's   public 
inspection file at the main studio.

                         II.  BACKGROUND

     2.   On August 21, 2002, agents of the Commission's San Juan 
Office  inspected  the  antenna  structure  bearing  FCC  antenna 
structure registration (``ASR'') number 1043256 and located  near 
the intersection  of Routes  301 and  303, in  Cabo Rojo,  Puerto 
Rico.  At the time of inspection, the structure's aviation orange 
and  white  paint  was  extremely  faded  and  chipped   reducing 
visibility of  the  structure.   The  Commission's  ASR  database 
showed  this  structure  is  owned  and  registered  to  Radio  X 
Broadcasting Corp., and  that this  structure is  required to  be 
painted.

     3.   Still on  August  21,  2002, during  an  inspection  of 
WXLX's main  studio co-located  with  its transmitter  site,  the 
public inspection  file was  not available  for inspection.   The 
operator on duty  during the  inspection stated  that the  public 
inspection file  was  kept  at  the  station  owner's  office  in 
Bayamon, Puerto Rico, over 100 miles from the city of license.

                        III.  DISCUSSION

     4.   Radio  X   Broadcasting   Corp.'s   antenna   structure 
registration #1043256 specifies  lighting and  painting for  this 
structure  that  includes  requirements  that  the  structure  be 
painted  with  alternating  aviation  orange  and  white   bands.  
Section 17.50 of the Rules  requires antenna structure owners  to 
clean or  repaint the  structure as  necessary to  maintain  good 
visibility.  On  August 21,  2002, Radio  X Broadcasting  Corp.'s 
antenna  structure  #1043256  had  extremely  faded  and  chipped 
aviation orange and white paint. 

     5.   Section 73.3526(b)  of  the  Rules  requires  that  the 
station's public  inspection  file be  kept  at the  main  studio 
location.  On August  21, 2002,  during an  inspection of  WXLX's 
main studio  co-located with  its  transmitter site,  the  public 
inspection file was not available for inspection. 

     6.   Based on  the  evidence  before us,  we  find  Radio  X 
Broadcasting  Corp.   willfully2  violated   Section  17.50   and 
73.3526(b)  by  failing  to  repaint  its  antenna  structure  in 
accordance with the painting  specifications associated with  its 
antenna structure  registration #1043256  and failing  to keep  a 
public inspection file at its main studio location.

     7.   Pursuant to Section 1.80(b)(4) of the Rules,3 the  base 
forfeiture amount for  failure to repaint  this structure is  ten 
thousand dollars  ($10,000)  and for  failing  to have  a  public 
inspection file  at the  station's main  studio is  ten  thousand 
dollars ($10,000).  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,  as 
amended  (``Act''),  which  include  the  nature,  circumstances, 
extent, and gravity  of the  violation, 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.4  Considering the entire record and applying the factors 
listed above, this case warrants a $20,000 forfeiture.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,5 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,6 Radio X  Broadcasting Corp.  is hereby  NOTIFIED of  this 
APPARENT LIABILITY  FOR  A FORFEITURE  in  the amount  of  twenty 
thousand dollars  ($20,000)  for willful  violation  of  Sections 
17.50 and  73.3526(b) of  the  Rules by  failing to  repaint  its 
antenna structure in accordance with the painting  specifications 
associated with  its antenna  structure #1043256  and failing  to 
keep a public inspection file at its main studio location..

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Radio X  Broadcasting Corp.  SHALL  PAY the  full amount  of  the 
proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the proposed forfeiture.

     10.  Payment of  the forfeiture  may be  made 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. and FRN referenced above.  Requests for payment  of 
the full amount of this NAL  under an installment plan should  be 
sent to:  Chief, Revenue  and Receivables  Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.7

     11.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street  SW,  Washington  DC  20554,  Attn:  Enforcement   Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct. 
No. referenced above.  

     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  (``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.  

     13.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Radio X Broadcasting Corp.,  HC 67 Box 15390, Bayamon,  Puerto 
Rico 00956-9535.   


                         FEDERAL COMMUNICATIONS COMMISSION



                         William Berry
                         San Juan Office, Enforcement Bureau
_________________________

1 47 C.F.R.  17.50 and 73.3526(b).

2 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 . . . .''  See Southern California Broadcasting Co., 6 
FCC Rcd 4387-88 (1991).

3 47 C.F.R.  1.80(b)(4).

4 47 U.S.C.  503(b)(2)(D).

5 47 U.S.C.  503(b).

6 47 C.F.R.  0.111, 0.311, 1.80.

7 See 47 C.F.R.  1.1914.