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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:
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
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.
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
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
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
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
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
Resident Agent San Juan Office,
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
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.