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


In the Matter of                   )      File Number EB-03-SJ-067
                                                             )
HQ-103, Inc.                       )     NAL/Acct. No.200432680001
Licensee of WDIN-FM                )
Camuy, PR                          )              FRN 0005-0236-68
                                  )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                     Released: June 10, 2004

By the  Enforcement Bureau,  South Central Region,  San Juan 
Office:

                         I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find HQ-103, Inc. (``HQ''), 
licensee of radio station WDIN Camuy, Puerto Rico, 
apparently liable for forfeiture in the amount of ten 
thousand dollars ($10,000) for willful and repeated 
violation of Section(s) 73.1125(a) and 73.3526(c)(1) of the 
Commission's Rules (``Rules'').1  Specifically, we find HQ 
apparently liable for failing to maintain a presence at the 
station's main studio and failing to make available for 
inspection all of the required materials in the station's 
public inspection file. 

                         II.  BACKGROUND

     2.   On November 20, 2003, the FCC Enforcement Bureau's 
San Juan Office (``San Juan Office'') received a complaint 
of interference from WIUJ, a U.S. Virgin Island broadcast 
station.  WIUJ's manager alleged reduced coverage area in 
his community of license from WDIN's signal.

     3.   On December 3, 2003, resident agents from the San 
Juan Office conducted an inspection of WDIN's main studio 
located at El Maestro Urbanization, Calle Principal final, 
Camuy.  The agents discovered that the main studio was 
staffed by one employee, Mr. Antonio Rivera, who explained 
that the station contract engineer, Raymond Hernandez, had 
left only a short while earlier and the station manager, Ms. 
Sandra Rodriguez, was working at a co-owned station in 
Caguas.2  Mr. Rivera told the agents that Ms. Rodriguez 
would come to the main studio once or twice a week.  The 
agents also found that WDIN's public inspection file was 
missing letters from the public,3 the issues/program list,4 
and the station's current contour map.5  

     4.   On December 17, 2003, the San Juan Office sent a 
letter of inquiry (``LOI'') to the licensee requesting 
additional information regarding possible violations of the 
main studio and public inspection file rules.  On January 
19, 2004, the San Juan agents received a formal reply to the 
LOI via fax and subsequently on January 20, 2004 received 
another copy in the mail from the licensee's counsel.

     5.   In their reply, HQ acknowledged violation of the 
public inspection file rules pertaining to the 
issues/program lists and the missing contour map.  HQ 
indicated that the missing documents were now available in 
the public file.  HQ stated that they had received no 
letters from the public to file; therefore none were 
required to be filed. They also alleged that Ms. Sandra 
Rodriguez, secretary/director of HQ, provided the managerial 
presence at the main studio in Camuy.  According to their 
reply, Ms. Rodriguez spends her mornings at WMID and her 
afternoons at HQ's co-owned station WVJP in Caguas.  Ms. 
Rodriguez stated that when she is not in Camuy, she is 
reachable via phone and delegates all of her managerial 
responsibilities at WDIN to an assistant supervisor.  HQ 
asserted that Ms. Rodriquez was not present for the agents' 
inspection on December 3, 2003, because the studio, 
including her office, was undergoing renovations.  In 
addition to a manager, HQ stated that WMID is staffed every 
day by Mr. Antonio Rivera, who fulfills a non-managerial 
role answering the telephone and making certain the 
Station's technical facilities are in working order. 

     6.   On February 2, 2004, an agent attempted an 
inspection at 1:05 PM AST, but the WDIN studio in Camuy was 
closed with its main gate locked.  Mr.  Rivera, who lived 
nearby the studio, arrived at the studio about 5 to 10 
minutes later.  Mr. Rivera told the agent that Mr. Gabriel 
Orsini had begun working at WMID in December 2003 and that 
he had been informed that morning that Mr. Orsini was now 
his supervisor.  Mr. Rivera also stated that Mr. Orsini 
typically left soon after Ms. Rodriguez would leave.  Mr. 
Orsini arrived at the studio at 2:10 PM AST after telephone 
conversations between Mr. Rivera and Ms. Rodriguez. 

     7.   On February 19, 2004, an agent arrived at the WDIN 
studio at 4:10 PM AST to find the studio gate locked and the 
parking spaces empty.  As the agent was getting ready to 
leave, Mr. Rivera arrived to greet the agent.  Neither Ms. 
Rodriguez nor Mr. Orsini was present at the studio.  

     8.   On March 4, 2004 at 10:40 AM AST, agents arrived 
at WDIN's studio and found the gate to the studio locked.  
Mr. Rivera arrived to greet the agents shortly thereafter.  
Neither Ms. Rodriguez nor Mr. Orsini was present at the 
studio.  Mr. Rivera stated that Ms. Rodriguez ``was here for 
five minutes and left'' and that he hadn't seen Mr. Orsini 
that day. 

     9.   On March 24, 2004, agents twice visited WDIN's 
studio.  At 10:40 AM AST, the agents found the studio gate 
locked and the parking spaces empty.  Mr. Rivera arrived to 
greet the agents shortly thereafter.  Neither Ms. Rodriguez 
nor Mr. Orsini was present at the studio.  Mr. Rivera stated 
he spoke to Ms. Rodriguez that morning but hadn't seen Mr. 
Orsini that day. The agents returned to the studio at 2:00 
PM AST.  The agents again found the studio gate locked and 
the parking spaces empty.  Mr. Rivera did not arrive to let 
the agents inspect the studio.   

                      III.  DISCUSSION

     10.  Section 73.1125(a) of the Rules states that each 
AM or FM station shall maintain a 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 or FM 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 as described in Section 73.208(a)(1).6  In addition, 
the station's main studio must serve the needs and interests 
of the residents of the station's community of license.7  To 
fulfill this function, a station must, among other things, 
maintain a meaningful presence at its main studio.8  The 
Commission has defined a minimally acceptable ``meaningful 
presence'' as full-time managerial and full-time staff 
personnel.9  In addition, there must be ``managerial and 
staff presence'' on a full-time basis during normal business 
hours to be considered ``meaningful.''10  Although 
management personnel need not be ``chained to their desks'' 
during normal business hours, they must ``report at the main 
studio on a daily basis, spend a substantial amount of time 
there and ...use the studio as a home base.''11  On December 
3, 2003, February 2, February 19, March 4, and March 24, 
2004, the WDIN main studio was not staffed during normal 
business hours as required by Section 73.1125(a) of the 
Rules.

     11.  Section 73.3526(a)(2) of the Rules states that 
every permittee or licensee of an AM or FM station shall 
maintain a public inspection file containing the material, 
relating to that station, described in paragraphs (e)(1) 
through (e)(10) and paragraphs (e)(12) through (e)(14) of 
this section.12  Section 73.3526(b) of the Rules requires 
the public inspection file be maintained at the station's 
main studio.13  Section 73.3526(c)(1) of the Rules requires 
the file be available for public inspection at any time 
during regular business hours.14  On December 3, 2003, an 
inspection of station WDIN's public inspection file revealed 
that required material was missing, specifically the 
quarterly Issues and Programs Lists and the most current 
contour map.  Accordingly, complete public inspection file 
material was not available for inspection during regular 
business hours at the WDIN main studio.  

     12.  Based on the evidence before us, we find HQ 
willfully15 and repeatedly16 violated Sections 73.1125(a) 
and 73.3526(c)(1) of the Rules by failing to maintain a 
presence at the station's main studio and failing to make 
available for inspection all of the required materials in 
the station's public inspection file.

     13.  Pursuant to Section 1.80(b)(4) of the Rules,17 the 
base forfeiture amount for violation of the main studio rule 
is $7,000, and the base forfeiture amount for violation of 
the public file rule is $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.18  
Because the station maintained a portion of the required 
items in the public inspection file, a downward adjustment 
of the base forfeiture for that violation from $10,000 to 
$3,000 is warranted.   Considering the entire record and 
applying the factors listed above, this case warrants a 
$10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     14.  Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Act,19 and Sections 0.111, 0.311 and 
1.80 of the Rules,20 HQ-103, Inc. is hereby NOTIFIED of this 
APPARENT LIABILITY FOR A FORFEITURE in the amount of ten 
thousand dollars ($10,000) for willful and repeated 
violation of Sections 73.1125(a) and 73.3526(c)(1) of the 
Rules for failing to maintain a presence at the station's 
main studio and failing to make available for inspection all 
of the required materials in the station's public inspection 
file.

     15.  IT IS FURTHER ORDERED that, pursuant to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, HQ-103, Inc. SHALL PAY the full amount of the 
proposed forfeiture or SHALL FILE a written statement 
seeking reduction or cancellation of the proposed 
forfeiture.

     16.  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. 20554.21

     17.  The response, if any, must be mailed to Federal 
Communications Commission, US Federal Building Room 762, San 
Juan, PR 00918-1731 within thirty days of the release date 
of this NAL and MUST INCLUDE THE NAL/Acct. No. referenced 
above.  

     18.  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.  

     19.  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 Spectrum 
Enforcement 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.

     20.   IT  IS FURTHER  ORDERED that a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested  to HQ-103, Inc,  Box 780 Camuy,  PR 00627 
and to its  counsel Fletcher, Heald &  Hildreth, P.L.C. 11th 
Floor, 1300 North 17th street, Arlington, VA 22209-3801.   


                              FEDERAL         COMMUNICATIONS 
COMMISSION


                         
                              Reuben Jusino
                              Resident Agent - San Juan 
Office, South Central Region
                              Enforcement Bureau
_________________________

147 C.F.R.  73.1125(a), 73.3526(c)(1).

2Caguas is a 1.5 to 2 hour drive from the WDIN studio

3See 47 C.F.R.  73.3526(e)(9).

4See 47 C.F.R.  73.3526(e)(12).

5See 47 C.F.R.  73.3526(e)(4).

647 C.F.R.  73.1125(a).

7See Main Studio and Program Origination Rules, 2 FCC Rcd 
3215, 3217-18 (1987), clarified, 3 FCC Rcd 5024, 5026 
(1988).

8Id.

9See Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 
3616 (1991), clarified, 7 FCC Rcd 6800 (1992).

10Id., 6 FCC Rcd at 3616, n.2.

11Id., 7 FCC Rcd at 6802.

1247 C.F.R.  73.3526(a)(2).

1347 C.F.R.  73.3526(b).

1447 C.F.R.  73.3526(c)(1).

15Section 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).

16The 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.''  47 
U.S.C.  312(f)(2).

1747 C.F.R.  1.80(b)(4).

1847 U.S.C.  503(b)(2)(D).

1947 U.S.C.  503(b).

2047 C.F.R.  0.111, 0.311, 1.80.

21See 47 C.F.R.  1.1914.