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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Entravision Communications ) File Number EB-02-LA-402
Corporation ) NAL/Acct. No. 200332900003
Registered Owner of ASR Number ) FRN 0006-1662-19
Newport Beach, California )
Adopted: August 6, 2004 Released: August 10,
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of three thousand
dollars ($3,000) to Entravision Communications
Corporation (``Entravision''), the registered owner of
the antenna structure (Antenna Structure Registration
(``ASR'') number 1066158) of broadcast station KSSD-FM1
in Newport Beach, California, for repeated violation of
Section 17.57 of the Commission's Rules (``Rules'').2
The noted violation involves Entravision's failure to
notify the Commission of a change in the antenna
structure's ownership information.
2. On February 14, 2003, the Commission's Los Angeles,
California, Field Office (``Los Angeles Office'') issued
a Notice of Apparent Liability for Forfeiture (``NAL'')
to Entravision for a forfeiture in the amount of three
thousand dollars ($3,000).3 Entravision responded to
the NAL on March 17, 2003.
3. On November 26, 2002, agents from the Los Angeles
Office inspected antenna structure 1066158, located at
33-37-55 north latitude and 117-56-18 west longitude in
Newport Beach, California. At the time of the
inspection, the Commission's ASR database indicated that
Citicasters Co. (``Citicasters'') was the registered
owner of the antenna structure.
4. On December 19, 2002, the Los Angeles Office issued an
Official Notice of Violation (``NOV'') to Citicasters
for violation of Section 17.6(a) of the Rules4 (antenna
structure's painting chipped and faded). On January 6,
2003, Citicasters informed the Los Angeles Office that
Citicasters had sold antenna structure 1066158 to
Entravision several years before. On January 13, 2003,
Entravision responded to the NOV indicating that it had
made arrangements to repaint the tower and had filed
updated ownership information for antenna structure
5. On February 14, 2003, the Commission's Los Angeles
Office issued a NAL to Entravision for a forfeiture in
the amount of three thousand dollars ($3,000) for
apparent willful and repeated violation of Section 17.57
of the Rules. In its response, Entravision admits that
its tower registration information was not current at
the time of the inspection but seeks reduction or
cancellation of the proposed monetary forfeiture.
Entravision argues that its failure to report the change
in ownership resulted from unusual circumstances and was
not willful. Additionally, Entravision claims that the
forfeiture should be reduced or cancelled because of its
``good faith efforts to bring the station into
compliance'' and history of overall compliance.
6. The proposed forfeiture amount in this case was
assessed in accordance with Section 503(b) of the
Communications Act of 1934, as amended (``Act''),6
Section 1.80 of the Rules,7 and The Commission's
Forfeiture Policy Statement and Amendment of Section
1.80 of the Rules to Incorporate the Forfeiture
Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15
FCC Rcd 303 (1999) (``Policy Statement''). Section
503(b) of the Act requires that the Commission, in
examining Entravision's response, take into account 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 such other matters as justice may require.8
7. Section 17.57 of the Rules requires the owner of an
antenna structure for which an ASR number has been
obtained to notify the Commission of any change in the
ownership information. Entravision concedes that it did
not do so following its acquisition of the antenna
structure and that this circumstance persisted for more
than one day. We find, therefore, that Entravision
repeatedly violated Section 17.57 of the Rules. 9
8. Section 503(b) of the Act gives the Commission
authority to assess a forfeiture penalty against any
person if the Commission determines that the person has
``willfully or repeatedly'' failed to comply with the
provisions of the Act or with any rule, regulation or
order issued by the Commission. In light of our
determination that Entravision's violation was repeated,
it is not necessary to determine whether it was also
9. No mitigation is warranted on the basis of a history of
overall compliance. The Enforcement Bureau issued
Official Notices of Violation to Entravision's
subsidiary,11 Entravision Holdings LLC, on the following
dates: September 6, 2000 (KUET); November 3, 2000
(KMIX-FM); February 1, 2001 (WVEN); March 14, 2001
(KBNT-LP); January 7, 2002 (KZLZ-FM); April 17, 2002
(KSMS-TV); and October 10, 2002 (KNCV-LP). We,
therefore, conclude that Entravision does not have a
history of overall compliance.12
10. Entravision provides no evidence to support any finding
that it acted in good faith to correct the problem prior
to learning of the FCC inspection. Accordingly, we make
no reduction on this basis.
11. We have examined Entravision's response to the NAL
pursuant to the statutory factors above, and in
conjunction with the Policy Statement as well. As a
result of our review, we conclude that Entravision
repeatedly violated Section 17.57 of the Rules. We also
conclude that neither cancellation nor reduction of the
proposed $3,000 monetary forfeiture is warranted.
IV. ORDERING CLAUSES
12. Accordingly, IT IS ORDERED that, pursuant to Section
503(b) of the Act, and Sections 0.111, 0.311 and
1.80(f)(4) of the Rules,13 Entravision Communications
Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the
amount of three thousand dollars ($3,000) for failure to
notify the Commission of a change in the antenna
structure's ownership information, in repeated violation
of Section 17.57 of the Rules.
13. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules within 30 days
of the release of this Order. If the forfeiture is not
paid within the period specified, the case may be
referred to the Department of Justice for collection
pursuant to Section 504(a) of the Act.14 Payment may be
made by mailing a check or similar instrument, payable
to the order of the Federal Communications Commission,
to the Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should
reference NAL/Acct. No. 200332900003 and FRN 0006-1662-
19. Requests for full payment under an installment plan
should be sent to: Chief, Revenue and Receivables Group,
445 12th Street, S.W., Washington, D.C. 20554.15
14. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by First Class and Certified Mail Return Receipt
Requested to Entravision Communications Corporation,
Suite 6000 West, 2425 Olympic Boulevard, Santa Monica,
CA 90404, and its counsel, Barry A. Friedman, Esq., and
John C. Butcher, Esq., Thompson Hine LLP, 1920 N Street,
N.W., Washington, D.C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
1 KSSD-FM is now licensed to Entravision Holdings LLC, a
subsidiary of Entravision Communications Corporation. At the
time of the violation, Entravision Communications Corporation
owned the antenna structure but the station was licensed to Big
City Radio-LA, L.L.C., under the call sign KSYY-FM.
2 47 C.F.R. § 17.57.
3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332900003 (Enf. Bur., Los Angeles Office, released February
4 47 C.F.R. § 17.6(a).
5 The FCC ASR database indicates that the ownership information
was updated on January 3, 2003.
6 47 U.S.C. § 503(b).
7 47 C.F.R. § 1.80.
8 47 U.S.C. § 503(b)(2)(D).
9 As provided by 47 U.S.C. § 312(f)(2), a continuous violation is
``repeated'' if it continues for more than one day. The
Conference Report for Section 312(f)(2) indicates that Congress
intended to apply this definition to Section 503 of the Act as
well as Section 312. See H.R. Rep. 97th Cong. 2d Sess. 51
(1982). See Southern California Broadcasting Company, 6 FCC Rcd
4387, 4388 (1991).
10 KOKE, Inc., 23 FCC 2d 191 (1970).
11 The violations of its subsidiary companies are part of a
parent company's violation record. See, e.g., Rio Grande
Transmission, Inc., 16 FCC Rcd 17040 (Enf. Bur. 2001) and Mega
Communications of St. Petersburg Licensee, L.L.C., 16 FCC Rcd
15948 (Enf. Bur. 2001).
12 In the cases cited by Entravision - Cherokee Broadcasting
Company,Inc., 16 FCC Rcd 4688, 4689 (Enf. Bur. 2001) and Courtesy
Communications, Inc., 14 FCC 4198, 4202 (1999) - the licensees,
unlike Entravision, did have histories of overall compliance.
13 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
14 47 U.S.C. § 504(a).
15 See 47 C.F.R. § 1.1914.