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

In the Matter of                 )
                                 )
A Radio Company, Inc.            )        File Number EB-05-SJ-025
Licensee of Station WEGA         )
P.O. Box 1488                    )       NAL/Acct. No.200632680001
Vega Baja, PR 00694              )
Facility ID # 69853              )                  FRN 0010555654 
                                 )


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                                Released: October 
                                                         25, 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 A Radio Company, Inc. (``A Radio''), 
 licensee of AM radio station WEGA, in Vega Baja, Puerto Rico, 
 apparently willfully violated Sections 73.49 and 73.3526(e) of 
 the Commission's Rules1 (``Rules'') by failing to enclose an 
 antenna tower having radio frequency potential at the base 
 within an effective locked fence and failing to maintain a 
 complete public inspection file and apparently willfully and 
 repeatedly violated Section 73.1350(a) of the Rules2 by failing 
 to operate the station in accordance with the terms of the 
 station authorization.  We conclude, pursuant to Section 503(b) 
 of the Communications Act of 1934, as amended (``Act''),3 that 
 A Radio is apparently liable for a forfeiture in the amount of 
 fifteen thousand dollars ($15,000).

II.  BACKGROUND

      2.  On August 25, 2005, in response to a complaint, agents 
 from the Commission's San Juan Office of the Enforcement Bureau 
 conducted an inspection of station WEGA located in Vega Baja, 
 Puerto Rico.  The agent observed that the station's public file 
 did not contain any issues programs lists.  The agent also 
 observed that the easternmost antenna structure, which had 
 radio frequency potential at its base, was not enclosed within 
 an effective locked fence.  Moreover, the agent observed a 
 sizable hole on the right side of the perimeter property fence, 
 which would allow access to the property.  Station WEGA is 
 authorized to utilize three uniform cross section, series 
 excited guyed towers.  Its station authorization requires that 
 they use a two-tower directional array during the day and a 
 three-tower directional array at night.  The station's 
 consulting engineer stated that the station had been operating 
 its antenna system at night using the daytime directional 
 parameters for more than one year.  The consulting engineer 
 provided copies of a report dated May 21, 2005 and a status 
 report letter dated July 11, 2005, which he had provided to the 
 station owner and which explicitly described problems with the 
 equipment that switches the directional antenna system from 
 daytime to nighttime patterns.  The agent found no evidence 
 that special temporary authority had been sought or granted, 
 which would authorize nighttime operation using daytime 
 directional parameters.4

III.      DISCUSSION

      3.  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 

      4.  Section 73.49 of the Rules requires that antenna towers 
 having radio frequency potential at the base must be enclosed 
 within effective locked fences or other enclosures.  Individual 
 tower fences need not be installed if the towers are contained 
 within a protective property fence.  On July 25, 2005, an agent 
 observed that the easternmost antenna structure had radio 
 frequency potential at the base and that it was not enclosed 
 within any fence.  The agent also observed a large hole in the 
 right side of the perimeter property fence, which would allow 
 access to the antenna structure.  Thus, the antenna structure 
 was not contained within a protective property fence.

      5.  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.  On July 25, 2005, the 
 station's consulting engineer informed an agent that station 
 WEGA had been transmitting with the directional daytime pattern 
 at night for more than a year. 

      6.  Section 73.3526(e) of the Rules requires commercial 
 broadcast stations to maintain for public inspection, a file 
 containing materials listed in that section.7  On July 25, 
 2005, the station's public file did not contain any issues 
 programs lists.8

      7.  Based on the evidence before us, we find that A Radio 
 apparently willfully violated Sections 73.49 and 73.3526(a) of 
 the Rules by failing to enclose an antenna tower having radio 
 frequency potential at the base within an effective locked 
 fence and failing to maintain a complete public inspection file 
 and apparently willfully and repeatedly violated Section 
 73.1350(a) of the Rules by failing to operate its station in 
 accordance with the terms of the station authorization.

      8.  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 AM tower fencing is $7,000 and the base 
 forfeiture amount for failure to maintain directional pattern 
 within prescribed parameters is $7,000.9  Although the base 
 forfeiture amount for violation of the public file rules is ten 
 thousand dollars ($10,000), because station WEGA's public file 
 contained a portion of the required items, a downward 
 adjustment of the base forfeiture amount for this violation to 
 $1,000 is warranted.  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 A Radio is apparently liable 
 for a $15,000 forfeiture.
  
IV.  ORDERING CLAUSES

      9.  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, A Radio Company, Inc. is hereby NOTIFIED of this 
 APPARENT LIABILITY FOR A FORFEITURE in the amount of fifteen 
 thousand dollars ($15,000) for violation of Sections 73.49, 
 73.1350(a), and 73.3526(e) of the Rules.11

      10.      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, A Radio Company, Inc. SHALL PAY the full amount of 
 the proposed forfeiture or SHALL FILE a written statement 
 seeking reduction or cancellation of the proposed forfeiture.

      11.      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.  

      12.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, South Central 
 Region, San Juan, Room 762, Hato Rey, PR, 00918 and must 
 include the NAL/Acct. No. referenced in the caption.  

      13.      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.  

      14.      Requests for payment of the full amount of this 
 Notice of Apparent Liability for Forfeiture under an 
 installment plan should be sent to: Associate Managing 
 Director, Financial Operations, 445 12th Street, S.W., Room 
 1A625, Washington, D.C. 20554.8

      15.      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 A Radio 
 Company, Inc. at its address of record. 


                              FEDERAL COMMUNICATIONS COMMISSION



                              William Berry
                              Resident Agent
                              San Juan Office
                              South Central Region
                              Enforcement Bureau



_________________________

147 C.F.R.  73.49, 73.3526(e).
247 C.F.R.  73.1350(a).
347 U.S.C.  503(b).  
4Station WEGA submitted a request for special temporary authority 
on September 2, 2005 to operate with one non-directional antenna.
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.  73.3526(e).
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, 
73.49, 73.1350(a), 73.3526(e).
8See 47 C.F.R.  1.1914.