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

In the Matter of                 )
                                 )
West Coast Broadcasting          )                    EB-05-SJ-010
Licensee of Station WNNV(FM)     )     NAL/Acct. No.: 200532680004
San German, Puerto Rico          )                  FRN:0008555625
Facility ID # 71565              )
                                 )


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                      Released: September 7, 2005

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

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 (``NAL''), we find that West Coast Broadcasting (``West 
 Coast''), licensee of station WNNV(FM) in San German, PR, 
 apparently willfully violated Section 73.1350(a) of the 
 Commission's Rules (``Rules'')1 by failing to maintain the 
 transmitter output power of its FM station as near as 
 practicable to its authorized power.  We also find that West 
 Coast apparently willfully and repeatedly violated Section 
 73.1560(b) of the Rules2 by failing to operate WNNV(FM) in 
 accordance with the terms of its station authorization.  We 
 conclude, pursuant to Section 503(b) of the Communications Act 
 of 1934, as amended (``Act''),3 that West Coast is apparently 
 liable for forfeiture in the amount of eight thousand dollars 
 ($8,000).

II.  BACKGROUND

      2.  On March 14, 2005, resident agents from the 
 Commission's San Juan Office of the Enforcement Bureau (``San 
 Juan Office'') inspected station WNNV's transmitter site 
 located at 18º 04? 08? N 067º 02? 54? W in Lajas, PR.  The 
 agents observed that the station's directional FM antenna was 
 pointed towards the northeast, about 20 degrees true.  The 
 station's authorization requires that the directional antenna 
 be pointed in a southwesterly direction, at 202 degrees true.  
 When the agents asked the station owner about the apparently 
 misaligned directional antenna, he stated that that's the way 
 the engineer installed it. 

      3.  Station WNNV is authorized to operate with an effective 
 radiated power (``ERP'') of 5,000 watts at the radiated maxima 
 of the antenna's directional pattern.  On March 14, 2005, the 
 agents observed, using the direct method specified in Section 
 73.267 of the Rules,4 that the station's 8,000 watt transmitter 
 was operating at 100% power or 8,000 watts transmitter power 
 output.  Applying the antenna manufacturer's specifications for 
 the antenna gain and subtracting line losses, the station's ERP 
 was over 26,000 watts.  Thus, station WNNV operated at over 
 500% of its authorized power.  The station owner stated that 
 the electric utility that provides electric power to the 
 station does not provide reliable regulation of the input 
 voltage to the transmitter facility, causing the transmitter 
 power output to fluctuate.  The agents observed the transmitter 
 for approximately 40 minutes and found that the power on the 
 direct reading meter fluctuated very little.  There was a 20% 
 reduction in transmitter power, when the station owner 
 minimized the exciter output into the transmitter.  However, 
 the station owner could at no time during the inspection adjust 
 the station's transmitter down to its authorized power levels. 

      4.  On June 9, 2005, the station owner faxed a letter dated 
 June 8, 2005 to the San Juan Office, which stated that he had 
 adjusted the output power of the station to authorized levels.  
 The letter also stated that he reoriented the FM antenna to an 
 azimuth of 206 degrees true and would adjust it to 202 degrees 
 true the following Friday. 

III.      DISCUSSION

      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.5  The term 
 ``repeated'' means the commission or omission of such act more 
 than once or for more than one day.6

      6.  Section 73.1350(a) of the Rules states that each 
 licensee is responsible for maintaining and operating its 
 broadcast station in a manner which complies with the technical 
 rules set forth elsewhere in this part and in accordance with 
 the terms of the station authorization.7  On March 14, 2005, 
 station WNNV's directional antenna was installed so that it was 
 pointed northeast, approximately 20 degrees true, which is 180 
 degrees in the wrong direction from what is required by its 
 station authorization.  The station owner stated that the 
 antenna had been oriented in this direction since it was 
 installed.  According to the station owner, the station did not 
 correct this problem until after June 8, 2005.

      7.  Section 73.1560(b) of the Rules states that the 
 transmitter output power of an FM station, which is authorized 
 for output power more than 10 watts, must be maintained as near 
 as practicable to the authorized transmitter output power and 
 may not be less than 90% nor more than 105% of the authorized 
 power.8  On March 14, 2005, station WNNV operated at 532% of 
 its authorized power.
                   
      8.  Based on the evidence before us, we find that West 
 Coast apparently willfully and repeatedly violated Section 
 73.1350(a) of the Rules by failing to operate its station in 
 accordance with the terms of its station authorization.  We 
 also find that West Coast apparently willfully violated Section 
 73.1560(b) of the Rules by failing to maintain the transmitter 
 output power of its FM station as near as practicable to the 
 authorized power.

      9.  Pursuant to The Commission's Forfeiture Policy 
 Statement and Amendment of Section 1.80 of the Rules to 
 Incorporate the Forfeiture Guidelines, (``Forfeiture Policy 
 Statement''), and Section 1.80 of the Rules, the base 
 forfeiture amount for exceeding power limits is $4,000.9  There 
 is no base forfeiture amount for installing an antenna in a 
 manner that is not authorized by the station authorization, 
 and, consequently, changing its coverage area.  We conclude, 
 however, that violation of the terms of a station authorization 
 is similar to a violation that involves operating at an 
 unauthorized location, which, pursuant to the Forfeiture Policy 
 Statement and Section 1.80 of the Rules, carries a base 
 forfeiture amount of $4,000 for each such violation.  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 Act, which include the nature, 
 circumstances, extent, and gravity of the violations, and with 
 respect to the violator, the degree of culpability, and history 
 of prior offenses, ability to pay, and other such matters as 
 justice may require.10  Applying the Forfeiture Policy 
 Statement, Section 1.80, and the statutory factors to the 
 instant case, we conclude that West Coast is apparently liable 
 for an $8,000 forfeiture.

IV.  ORDERING CLAUSES

      10.      Accordingly, IT IS ORDERED that, pursuant to 
 Section 503(b) of the Communications Act of 1934, as amended, 
 and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's 
 Rules, West Coast Broadcasting is hereby NOTIFIED of this 
 APPARENT LIABILITY FOR A FORFEITURE in the amount of eight 
 thousand dollars ($8,000) for violations of Sections 73.1350(a) 
 and 73.1560(b) of the Rules.11

      11.      IT IS FURTHER ORDERED that, pursuant to Section 
 1.80 of the Commission's Rules within thirty days of the 
 release date of this Notice of Apparent Liability for 
 Forfeiture, West Coast Broadcasting SHALL PAY the full amount 
 of the proposed forfeiture or SHALL FILE a written statement 
 seeking reduction or cancellation of the proposed forfeiture.

      12.      Payment of the forfeiture must be made by check or 
 similar instrument, payable to the order of the Federal 
 Communications Commission.  The payment must include the 
 NAL/Acct. No. and FRN No. referenced above.  Payment by check 
 or money order may be mailed to Federal Communications 
 Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.  
 Payment by overnight mail may be sent to Mellon 
 Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 
 15251.   Payment by wire transfer may be made to ABA 
 Number 043000261, receiving bank Mellon Bank, and account 
 number 911-6106.  

      13.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, South Central 
 Region, San Juan Office, US Federal Building Room 762, San 
 Juan, PR 00918-1731 and must include the NAL/Acct. No. 
 referenced in the caption.  

      14.      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.  

      15.      Requests for payment of the full amount of this 
 Notice of Apparent Liability for Forfeiture under an 
 installment plan should be sent to: Chief, Revenue and 
 Receivables Operations Group, 445 12th Street, S.W., 
 Washington, D.C. 20554.8

      16.      IT IS FURTHER ORDERED that a copy of this Notice 
 of Apparent Liability for Forfeiture shall be sent by Certified 
 Mail, Return Receipt Requested, and regular mail, to West Coast 
 Broadcasting at its address of record. 


                              FEDERAL COMMUNICATIONS COMMISSION



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




_________________________

147 C.F.R. § 73.1350(a).
247 C.F.R. § 73.1560(b).
347 U.S.C. § 503(b).
447 C.F.R. § 73.267.
5Section 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).
6Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that "[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.''
747 C.F.R. § 73.1350(a).
8See 47 C.F.R. § 1.1914.
912 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. § 1.80.
1047 U.S.C. § 503(b)(2)(D).
1147 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80, 
73.1350(a), 73.1560(b).
8See 47 C.F.R. § 1.1914.