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


In the Matter of                   )      File Number EB-03-SJ-009
                                                             )
Southern Broadcasting Corporation  )     NAL/Acct. No.200332680003
Licensee of WENA                   )
Yauco, Puerto Rico                 )                FRN 0007733926
                                  )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                    Released: March 11, 2003

By the Enforcement Bureau, San Juan Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture   (``NAL''),   we  find   Southern   Broadcasting 
Corporation  (``Southern''),  licensee  of  Radio  Broadcast 
Station  WENA, Yauco,  Puerto  Rico,  apparently liable  for 
forfeiture in  the amount of eight  thousand dollars ($8000) 
for willful and  repeated violation of Section  11.35 of the 
Commission's  Rules  (``Rules'').1   Specifically,  we  find 
Southern  apparently liable  for  not  having installed  EAS 
transmitting  and  monitoring  capabilities  during  station 
operation.

                          II. BACKGROUND

     2.   On February  6, 2003,  agents of  the Commission's 
San Juan  Office conducted an  inspection at the  studio and 
transmitter  site for  broadcast station  WENA-AM in  Yauco, 
Puerto Rico. The agents found  no EAS equipment installed at 
the studio. Southern's President  and General Manager stated 
that the EAS equipment had never been installed.

                       III. DISCUSSION

     3.   Section  11.35  requires that  broadcast  stations 
maintain EAS transmitting and monitoring capabilities during 
the  time the  stations are  in operation.   On February  6, 
2003,  Southern had  no EAS  equipment installed  at station 
WENA-AM.

     4.   Based on the evidence  before us, we find Southern 
willfully2  and repeatedly3  violated Section  11.35 of  the 
Rules  by failing  to  have installed  equipment capable  of 
monitoring and transmitting the EAS system.

     5.   Pursuant to Section 1.80(b)(4)  of the Rules,4 the 
base  forfeiture amount  for failing  to have  installed EAS 
equipment is  $8000.  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.5   Considering the  entire 
record  and applying  the  factors listed  above, this  case 
warrants an $8000 forfeiture.

                       IV. ORDERING CLAUSES

     6.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,6  and Sections 0.111,  0.311 and 
1.80  of the  Rules,7 Southern  Broadcasting Corporation  is 
hereby NOTIFIED of this  APPARENT LIABILITY FOR A FORFEITURE 
in the amount of eight  thousand dollars ($8000) for willful 
and  repeated violation  of Section  11.35 of  the Rules  by 
failing to  have installed  EAS transmitting  and monitoring 
capabilities.

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

     8.   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. 20554.8

     9.   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.  

     10.  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.

     11.  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 Technical & 
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.

     12.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested to  Southern Broadcasting Corporation, POB 
1338, Yauco, PR 00698.   


                         FEDERAL COMMUNICATIONS COMMISSION



                         Reuben Jusino
                         Resident  Agent  San  Juan  Office, 
Enforcement Bureau


Attachment
_________________________

1 47 C.F.R.  11.35.

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 The 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).

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

5 47 U.S.C.  503(b)(2)(D).

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, 0.311, 1.80.

8 See 47 C.F.R.  1.1914.