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

In the Matter of                 )
                                 )
                                 )       File Number: EB-05-SD-042
Pacific Spanish Network Inc.     )
Chula Vista, California          )      NAL/Acct. No: 200532940009
                                 )
                                 )               FRN: 0012-4695-57


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  September 
                                                         28, 2005

By the District Director, San Diego Office, Western Region, 
Enforcement Bureau:


I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that Pacific Spanish Network Inc. ("Pacific 
 Spanish"), an operator of a microwave radio station in Chula 
 Vista, California, apparently willfully and repeatedly violated 
 Section 301 of the Communications Act of 1934, as amended 
 (``Act''),1 by operating an unlicensed microwave radio station 
 on microwave channel 22473.5 MHz.2  We conclude, pursuant to 
 Section 503(b) of the Act,3  that Pacific Spanish is apparently 
 liable for a forfeiture in the amount of ten thousand dollars 
 ($10,000).


II.  BACKGROUND

      2.    On March 8, 2005, the Commission's San Diego Office 
 began its investigation of allegations that Pacific Spanish 
 Network Inc., at 296 H Street, Chula Vista, California, was 
 operating an unauthorized microwave radio station.  An agent 
 from the San Diego office monitored and measured the 
 transmissions of a microwave radio station operated at Pacific 
 Spanish's offices in Chula Vista.  The frequency measurement 
 showed that this microwave radio station was operating on 
 microwave channel 22473.5 MHz. 
 
      3.  A review of the Commission's database revealed that 
 Pacific Spanish has no authorization to operate a point-to-
 point microwave radio station at 296 H Street.  Pacific Spanish 
 did have a pending license application, filed January 13, 2005, 
 for operation on 22473.5 MHz for this transmitter site 
 (``January 2005 Application'').4   However, this application 
 was dismissed on March 1, 2005, for failure to make a payment 
 on a delinquent debt.  In the dismissal letter, Pacific Spanish 
 was cautioned that ``[i]f you are currently operating under 
 authority provided by the Commission's Rules based on your 
 submission of the above referenced application, you must 
 immediately cease operation until such time as you come into 
 compliance with the Rules.''

      4.   On March 9, 2005, another San Diego agent returned to 
 the Pacific Spanish offices and measured the microwave radio 
 station operating on microwave channel 22473.5 MHz.  The agent 
 conducted an inspection of the radio station with the Pacific 
 Spanish staff.   The agent requested a copy of Pacific 
 Spanish's station authorization for its microwave radio 
 station, but none could be found, only the dismissed January 
 2005 Application.   Subsequently, agents determined that on 
 March 10, 2005, Pacific Spanish filed a license application  
 (``March 2005 Application'') for operation of a microwave radio 
 station at 296 H Street, Chula Vista, California, on 22473.5 
 MHz.5 

      5.  On March 11, 2005, the San Diego Office sent a Letter 
 of Inquiry (``LOI'') to Pacific Spanish concerning its 
 operation on an unauthorized frequency of 22473.5 MHz, in 
 violation of Section 301 of the Act.  On March 18, 2005, 
 Pacific Spanish filed an application for special temporary 
 authorization (``STA Application'') for operation of a 
 microwave radio station at 296 H Street, Chula Vista, 
 California, for the frequency of 22473.5 MHz.6  On March 23, 
 2005, San Diego agents returned to the Pacific Spanish site and 
 found the microwave radio station operational on microwave 
 channel 22473.5 MHz.

      6.  The San Diego Office received a reply to the LOI on 
 March 25, 2005. In its reply, Pacific Spanish indicates this 
 microwave station has been operational since February 2005.  It 
 also indicated that because its STA Application will not be 
 approved by the Commission, it has stopped operating the 
 microwave station as of March 24, 2005.

      7.  On June 6, 2005, the March 2005 Application was granted 
 and Pacific Spanish was issued a station authorization, call 
 sign WQVC596.


III.      DISCUSSION

      8.            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) of the Act has been interpreted to mean simply that the 
 acts or omissions are committed knowingly.7  The term 
 ``repeated'' means the commission or omission of such act more 
 than once or for more than one day.8  
     
      9.  Section 301 of the Act requires that no person shall 
 use or operate any apparatus for the transmission of energy of 
 communications or signals by radio within the United States 
 except under and in accordance with the Act and with a license.  
 On March 8, 2005, March 9, 2005, and March 23, 2005, 
 measurements made by San Diego agents revealed that Pacific 
 Spanish was operating a microwave radio station on microwave 
 channel 22473.5 MHz.  A review of Commission records indicated 
 that Pacific Spanish had no authorization to operate on 22473.5 
 MHz until June 6, 2005.9   

      10.      Pacific Spanish was aware licensing for its 
 microwave station was required, as evidenced by its three 
 applications and as evidenced by the dismissal letter it 
 received from the Commission in March 2005.  Therefore, Pacific 
 Spanish's violation was willful.  The violation occurred on 
 more than one day, therefore, it was repeated.  Based on the 
 evidence before us, we find that Pacific Spanish apparently 
 willfully and repeatedly violated Section 301 of the Act by 
 operating a microwave radio station without authorization.

      11.           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 operation without an instrument of authorization for 
 the service is $10,000.10  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.11   Applying the Forfeiture 
 Policy Statement, Section 1.80, and the statutory factors, we 
 conclude that Pacific Spanish is apparently liable for a 
 forfeiture in the amount of $10,000.


IV.  ORDERING CLAUSES

      12.           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, 
 Pacific Spanish Network Inc. is hereby NOTIFIED of this 
 APPARENT LIABILITY FOR A FORFEITURE in the amount of ten 
 thousand dollars ($10,000) for violation of Section 301 of the 
 Act.12 

      13.           IT IS FURTHER ORDERED that, pursuant to 
 Section 1.80 of the Commission's Rules, within thirty (30) days 
 of the release date of this Notice of Apparent Liability for 
 Forfeiture, Pacific Spanish Network Inc. SHALL PAY the full 
 amount of the proposed forfeiture or SHALL FILE a written 
 statement seeking reduction or cancellation of the proposed 
 forfeiture.

      14.      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 bycheck 
 or money order may be mailed to Federal Communications 
 Commission, P.O. Box358340,Pittsburgh, PA 15251-8340. 
 Payment by overnight mail may be sent toMellon 
 Bank/LB358340,500 Ross Street, Room 1540670, Pittsburgh, PA 
 15251. Payment by wire transfer may be made to ABA 
 Number043000261, receiving bankMellon Bank, and account 
 number911-6106.  

      15.           The response, if any, must be mailed to 
 Federal Communications Commission, Enforcement Bureau, Western 
 Region, San Diego Office, 4542 Ruffner Street, Suite 370, San 
 Diego, California 92111, within thirty (30) days from the 
 release date of this Notice of Apparent Liability for 
 Forfeiture and must include the NAL/Acct. No. referenced in the 
 caption.  

      16.           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.  

      17.           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. 20554.13 

      18.           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 
 Pacific Spanish Network Inc. at its address of record.

 
  
  

                              FEDERAL COMMUNICATIONS COMMISSION




                              William R. Zears, Jr.
                              District Director 
                              San Diego Office
                              Western Region
                              Enforcement Bureau
_________________________

147 U.S.C.  301.
247 C.F.R.  101.147(s). 
347 U.S.C.  503(b).
4See File No. 0002006216.
5See File No. 0002073942.
6See File No. 0002091865.
7Section 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). 
8Section 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.'' 
9Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the 
Rules, 47 C.F.R.  101.31(b)(1), 101.31(b)(1)(v), certain 
applicants for point-to-point microwave stations, not located 
within 56.3 kilometers of any international border, operating in 
certain frequency bands, are deemed to have conditional authority 
to operate their proposed stations during the pendency of their 
applications.  The frequency proposed for use by Pacific Spanish 
in its applications is not contained in these frequency bands.  
Also, Pacific Spanish's proposed station is located approximately 
10.6 km from the Mexican border. 
1012 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
1147 U.S.C.  503(b)(2)(D).
1247 U.S.C.  301, 503(b), 47 C.F.R.  0.111, 0.311, 1.80.
13See 47 C.F.R.  1.1914.