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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Entravision Communications ) File Number EB-02-LA-402
Corporation ) NAL/Acct. No. 200332900003
Licensee of station KSSD-FM ) FRN 0006-1662-19
Registered Owner of ASR Number )
Newport Beach, California
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 14, 2003
By the Enforcement Bureau, Los Angeles Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find that Entravision Communications Corporation
(``Entravsion''), the registered owner of Antenna Structure
Registration (``ASR'') number 1066158 in Newport Beach,
California, apparently willfully and repeatedly violated Section
17.57 of the Federal Communications Commission (``FCC'' or
``Commission'') Rules (``Rules'') by failing to notify the
Commission of a change in ownership information.1 We conclude,
pursuant to Section 503(b) of the Communications Act of 1934, as
amended (``Act''),2 that Entravision is apparently liable for
forfeiture in the amount of three thousand dollars ($3,000).
2. On November 26, 2002, agents from the FCC Enforcement
Bureau's Los Angeles Field Office inspected the antenna structure
at 33-37-55 north latitude and 117-56-18 west longitude, used by
Entravision for station KSSD-FM in Newport Beach, California. At
the time of the inspection, the FCC's ASR database listed
Citicasters Co., as the registered owner of antenna structure
3. On December 19, 2002, an official Notice of Violation
was issued by the Los Angeles Field Office to Citicasters Co.,
for a rule violation noted during the November 26, 2002,
inspection of the tower. On January 6, 2003, counsel for
Citicasters Co., advised that antenna structure number 1066158
had been sold several years ago.
4. Review of the FCC ASR database on January 6, 2003,
revealed that updated ownership information for antenna structure
number 1066158 had been filed by Entravision on January 3, 2003.
5. Section 503(b) of the Act 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 and ``repeated''
means the commission or omission of the act more than once or for
more than one day.3
6. Section 17.57 of the Rules requires antenna structure
owners to immediately notify the Commission using FCC Form 854
upon any change in ownership information. At the time of the
inspection, Commission records indicated Citicasters Co., was the
registered owner of antenna structure number 1066158.
Entravision acquired ownership of this tower several years ago,
yet as of November 26, 2002, Entravision had failed to notify the
Commission of the change in ownership. On January 3, 2003,
Entravision filed the required updated ownership information for
the structure with the Commission.
7. Based on the evidence before us, we find that
Entravision failed to immediately notify the Commission of the
change in ownership of the structure in willful and repeated
violation of Section 17.57 of the Rules.
8. Pursuant to Section 1.80(b)(4) of the Rules and The
Commission's Forfeiture Policy Statement and Amendment of Section
1.80 of the Rules to Incorporate the Forfeiture Guidelines,
("Forfeiture Policy Statement"),4 the base forfeiture amount for
failure to file required forms or information is $3,000. 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 (``Act''), as amended, which
include the nature, circumstances, extent, and gravity of the
violation(s), 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.5 Considering the
entire record and applying the statutory factors listed above, a
$3,000 forfeiture is warranted.
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended, and
Sections 0.111, 0.311 and 1.80 of the Commission's Rules,
Entravision Communications Corporation, is hereby NOTIFIED of its
APPARENT LIABILITY FOR A FORFEITURE in the amount of three
thousand dollars ($3,000) for willful and repeated violation of
Section 17.57 of the Rules.6
10. 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, Entravision Communications Corporation,
SHALL PAY the full amount of the proposed forfeiture or SHALL
FILE a written statement seeking reduction or cancellation of the
11. 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 must include
the FRN and the NAL/Acct. No. referenced in the caption.
12. The response to the NAL, 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 FRN and
NAL/Acct. No. referenced in the caption.
13. 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
14. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Federal Communications Commission, Chief, Revenue and
Receivables Operations Group, 445 12th Street, SW, Washington,
15. Under the Small Business Paperwork Relief Act of 2002,
Pub L. No. 107-198, 116 Stat. 729 (June 28,2002), the FCC is
engaged in a two-year tracking process regarding the size of
entities involved in forfeitures. If you qualify as a small
entity and if you wish to be treated as a small entity for
tracking purposes, please so certify to us within thirty (30)
days of this NAL, either in your response to the NAL or in a
separate filing to be sent to the Federal Communications
Commission, Enforcement Bureau, Technical and Public Safety
Division. Your certification should indicate whether you,
including your parent entity and its subsidiaries, meet one of
the definitions set forth in the list provided by the FCC's
Office of Communications Business Opportunities (OCBO) set forth
in Attachment A of this Notice of Apparent Liability. This
information will be used for tracking purposes only. Your
response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to Section
503(b) of the Communications Act. If you have questions regarding
any of the information contained in Attachment A, please contact
OCBO at (202) 418-0990.
16. IT IS FURTHER ORDERED THAT this NOTICE OF APPARENT
LIABILITY shall be sent by Certified Mail, Return Receipt
Requested, to Entravision Communications Corporation, Suite 6000
West, 2425 Olympic Boulevard, Santa Monica, CA 90404.
FEDERAL COMMUNICATIONS COMMISSION
District Director, Enforcement
1 47 C.F.R. § 17.57.
2 47 U.S.C. § 503(b).
3 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., 6 FCC
Rcd 4387 (1991). Section 312(f)(2) of the Act, 47 U.S.C. §
312(f)(2), which also applies to Section 503(b), provides:
``[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.
4 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
5 47 U.S.C. § 503(b)(2)(D).
6 47 U.S.C. § 503; 47 C.F.R. §§ 0.111, 0.311, 1.80 and 17.57.
7 See 47 C.F.R. § 1.1914.