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


In the Matter of                  )
                                 )   File No. EB-04-SE-384
World Radio Network, Inc.         )   NAL/Acct. No. 200532100011
Satellite  Earth  Station,  Call  )   FRN # 0006844344
Sign E940225                      )
McAllen, Texas 


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE


Adopted:  June 10, 2005                 Released:   June 14, 
2005

By  the Chief,  Spectrum  Enforcement Division,  Enforcement 
Bureau:

I.         INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture, we find World Radio Network, Inc. (``WRN''), 
licensee of Satellite Earth Station E940225, McAllen, Texas, 
apparently liable for a forfeiture in the amount of four 
thousand dollars ($4,000) for the unauthorized operation of 
the earth station in violation of Section 301 of the 
Communications Act of 1934, as amended, (``Act'')1 and 
Section 25.102(a) of the Commission's Rules (``Rules'').2  
The violation involves WRN's willful and repeated operation 
of the earth station without Commission authorization 
between the expiration of the license and the grant of 
Special Temporary Authority (``STA'') by the International 
Bureau.

II.         BACKGROUND

     2.   WRN is a non-commercial educational (``NCE'') 
Commission licensee, which operates NCE broadcast radio 
stations primarily on the border between Mexico and the 
United States.  It holds Commission licenses for 25 
broadcast stations, 14 Aural Studio Transmitter links, and 
one earth station license.  The license for the earth 
station was granted on April 29, 1994 and expired on April 
29, 2004.  Eight months after the expiration of the license, 
on December 22, 2004, WRN notified the International Bureau 
of its failure to timely renew the subject license and 
requested an STA to continue operations while it completed 
and submitted a renewal request for authorization to 
continue to operate the earth station.3  The Commission 
granted the STA on January 4, 2005.4  On January 18, 2005, 
WRN filed an application to reinstate its earth station 
license which was subsequently dismissed by the 
International Bureau as defective on February 1, 2005.5  On 
April 11, 2005, the International Bureau granted WRN's 
application for reinstatement of the earth station license,6 
which WRN had resubmitted on February 7, 2005.7

     3.   Because it appeared that WRN may have operated the 
station after the expiration of its license, the 
International Bureau referred this case to the Enforcement 
Bureau for investigation and possible enforcement action.  
On March 7, 2005, the Enforcement Bureau's Spectrum 
Enforcement Division issued a letter of inquiry (``LOI'') to 
WRN .8  The LOI sought information regarding the actions WRN 
took to ensure compliance with Section 301 of the Act and 
Section 25.102 of the Rules, the date on which WRN became 
aware of the expiration of its license, and the basis of 
authority under which WRN operated after the license expired 
and before the International Bureau granted the STA request.  

     4.   In its March 21, 2005 response to the LOI, WRN 
conceded that it continuously operated the earth station 
beyond the April 29, 2004 expiration date without 
authorization.9  WRN explained that it holds thirty-nine FCC 
licenses granted by the Wireless and Media Bureaus, and one 
license granted by the International Bureau.  WRN asserted 
that it has never before been found in violation of the 
Commission's Rules.  It also asserted that both the Wireless 
and Media Bureaus send reminders to licensees for license 
renewals, and that it was unfamiliar with the International 
Bureau's license renewal process which does not include the 
sending of reminders of upcoming license renewal deadlines.  
WRN also conceded that it ``failed to put in place internal 
guidelines and procedures which would have prevented its 
operation on an expired license.''10

III.           DISCUSSION

     5.   Section 301 of the Communications Act of 1934, as 
amended, (``Act''), provides that ``[n]o person shall use or 
operate any apparatus for the transmission of energy or 
communications or signals by radio . . . except under and in 
accordance with this Act and with a license in that behalf 
granted under the provisions of this Act.''  Section 
25.102(a) of the Rules mandates that operation of ``energy 
or communications or signals by space or earth stations'' 
requires Commission authorization.  WRN was required to 
maintain its authorization in order to operate the earth 
station.  WRN stated that the Wireless and Media Bureaus 
send notices of license renewal deadlines.  WRN also averred 
that it had no prior experience with the International 
Bureau concerning its license renewal process.  As a 
Commission licensee, WRN is charged with knowledge of the 
full range of its obligations,11 including its duty to 
timely seek renewal of its licenses to maintain operating 
authority.12  This obligation attaches even where the 
Commission does not provide notification regarding license 
renewal obligations.13  Based on the information before us, 
we find that WRN filed its license for renewal for the 
captioned earth station approximately eight (8) months after 
its authorization expired.  By failing to timely renew its 
license, WRN operated the earth station without Commission 
authority from the time the license expired on April 29, 
2004 until the STA request was granted on January 4, 2005.  
During those eight months, WRN acted in apparent violation 
of Sections 301 of the Act and 25.102 of the Rules by 
willfully14 and repeatedly15 operating the earth station 
without Commission authority.

     6.   The guidelines contained in the Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of 
the Rules to Incorporate the Forfeiture Guidelines,16 and 
Section 1.80(b) of the Rules17 specify a base forfeiture 
amount of ten thousand dollars ($10,000) for operation of a 
station without an instrument of authorization.  Section 
503(b)(2)(D) of the Act requires the Commission to consider 
``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.''18  In this 
instance, WRN operated its earth station without an 
instrument of authorization for approximately eight months 
after its license expired.  In reviewing other cases 
involving a licensee operating without a license for a 
similar amount of time, we find that the Commission has 
reduced the forfeiture amount from $10,000 to five thousand 
dollars ($5,000).19  Considering all of the factors required 
by Section 503(b)(2)(D) of the Act and the Forfeiture Policy 
Statement, we conclude that a forfeiture of $5,000 for WRN 
is warranted.  Because we have confirmed WRN's claim that it 
has no history of Commission violations, we further reduce 
the forfeiture amount to $4,000.20    

IV.       ORDERING CLAUSES

     7.   Accordingly, IT IS ORDERED that, pursuant to 
pursuant to Section 503(b) of the Act21 and Sections 0.111, 
0.311 and 1.80 of the Rules,22 WRN IS hereby NOTIFIED of its 
APPARENT LIABILITY FOR A FORFEITURE in the amount of four 
thousand dollars ($4,000) for the willful and repeated 
violations of Section 301 of the Act and Section 25.102(a) 
of the Rules.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 
1.80 of the Rules,23 within thirty days of the release date 
of this Notice of Apparent Liability for Forfeiture, WRN 
SHALL PAY the full amount of the proposed forfeiture or 
SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

     9.   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. A request for full payment under an 
installment plan should be sent to:  Chief, Revenue and 
Receivables Group, 445 12th Street, S.W., Washington, D.C. 
20554.24

     10.  The response, if any, must be mailed to the Office 
of the Secretary, Federal Communications Commission, 445 
12th Street, S.W., Washington, D.C. 20554, ATTN: Enforcement 
Bureau - Spectrum Enforcement Division, and must include the 
NAL/Acct. No. referenced in the caption.

     11.  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; 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.

     12.  IT IS FURTHER ORDERED that a copy of this Notice 
of Apparent Liability for Forfeiture shall be sent by first 
class mail and certified mail return receipt requested to 
Glenn C. Lafitte, Secretary of the Board of Trustees, World 
Radio Network, Inc., P.O. Box 3765, McAllen, Texas 78502-
3765.


                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Joseph P. Casey
                         Chief,     Spectrum     Enforcement 
Division
                         Enforcement Bureau
_________________________

1 47 U.S.C.  301.

2 47 C.F.R.  25.102(a).

3  See Letter  from Glenn  C. Lafitte,  Secretary of  World 
Radio Network,  Inc. to  Robert Nelson,  Chief, Engineering 
Branch, Satellite  Division, International  Bureau, Federal 
Communications Commission (December 22, 2004).  

4 See Grant of Authority  for Application for Earth Station 
Special  Temporary Authority,  SES-STA-20050103-00003.  The 
Commission granted two additional  STA requests while WRN's 
reinstatement application was  pending, extending temporary 
authority to April 27, 2005.

5  See Application  for Earth  Station Authorization,  Form 
312, File No. SES-LIC-20050118-00072 (dismissed February 1, 
2005).   See  also  Letter  from Scott  A.  Kotler,  Chief, 
Systems  Analysis  Branch,  International  Bureau,  Federal 
Communications Commission (January 31, 2005).

6 See  Radio Station  Authorization, SES-LIC-20050210-00165 
(granted on April 11, 2005).   The grant for renewal of the 
earth  station  license  specifically  states  that  it  is 
granted ``without  prejudice to any future  FCC enforcement 
action against World Radio Network.''

7  See Application  for Earth  Station Authorization,  Form 
312, File No. SES-LIC-20050207-00155  (filed on February 7, 
2005).

8 See  Letter from Kathryn Berthot,  Deputy Chief, Spectrum 
Enforcement    Division,   Enforcement    Bureau,   Federal 
Communications  Commission  to  James  V.  Heck,  Technical 
Services, World Radio Network, Inc. (March 7, 2005).

9 See  Letter from Glenn  C. Lafitte, World  Radio Network, 
Inc.,  to Katherine  Power, Spectrum  Enforcement Division, 
Enforcement   Bureau,  Federal   Communications  Commission 
(March 21, 2005).

10 Id.

11  See Sitka  Broadcasting Company,  Inc., 70  FCC2d 2375, 
2378  (1979) (``Licensee  are expected  to know  and comply 
with the Commission's rules . . .'').

12 See Lauren A. Colby, 19 FCC Rcd 15600 (Media Bur., Audio 
Div. 2004).

13 See Berkshire Communicators, Inc. 15 FCC Rcd 18242 (Enf. 
Bur.  2000)  (finding that  even  if  a licensee  does  not 
receive a renewal reminder  notice, the licensee still must 
timely file its renewal application).

14 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,'  .  . .  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).

15 Section 312(f)(2) of the  Act provides that ``[t]he term 
`repeated,' ...  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).  
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, supra at 4388.

16 12 FCC  Rcd 17087, 17113 (1997), recon.  denied, FCC 99-
407 (1999) (``Forfeiture Policy Statement'').

17 47 C.F.R.  1.80.

18 47 U.S.C.  503(b)(2)(D).

19  See  Page-Comm,  16  FCC  Rcd  6842  (Enf.  Bur.  2001) 
(reducing the base  forfeiture amount to $5,000  due to the 
nature of the  violation as an unauthorized  operation of a 
paging  station  because  of  a failure  to  renew  for  10 
months).  See also US Unwired, Inc., 15 FCC Rcd 20295 (Enf. 
Bur.  2000)  (similar  finding for  7  months  unauthorized 
operation by  a licensee  that was previously  licensed, to 
distinguish   the   forfeiture   amount   from   ``pirate'' 
operations (i.e., stations that have never been licensed by 
the Commission),  which typically  result in the  full base 
forfeiture amount  of $10,000, as with  Jean R. Jonassaint, 
25 FCC Rcd 10422 (Enf. Bur. 2000)).  

20See Max Media of Montana, L.L.C., 18 FCC Rcd 21375, 21379 
(Enf. Bur. 2003) (further  reducing the proposed forfeiture 
from $11,000  to $8,800 for antenna  structure lighting and 
registration violations  due to  the licensee's  history of 
overall compliance); South Central Communications Corp., 18 
FCC Rcd  700, 702 (Enf.  Bur. 2003) (reducing  the proposed 
forfeiture  from $10,000  to $8,000  for antenna  structure 
lighting  violations  due  to  the  licensee's  history  of 
overall compliance).

21 47 U.S.C.  503(b).

22 47 C.F.R.  0.111, 0.311 and 1.80.

23 47 C.F.R.  1.80.

24 See 47 C.F.R.  1.1914.