Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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

In the Matter of                  )
                                                           )
Family Educational Association    )      File Number EB-05-SJ-015
Inc.                              )
                                 )   NAL/Acct. No.: 200532680002
Licensee of Station WPLI          )
Levittown, PR                     )                FRN 0010628246 
Facility ID # 11620               )


                        FORFEITURE ORDER

Adopted:  November 22, 2005                  Released:  November 
28, 2005

By the  Regional  Director,  South  Central  Region,  Enforcement 
Bureau:                                 

I.  INTRODUCTION

     1.   In this Forfeiture Order (``Order''), we issue a 
monetary forfeiture in the amount of five thousand six hundred 
dollars ($5,600) to Family Educational Association Inc. 
(``Family''), licensee of station WPLI, in Levittown, Puerto 
Rico, for willful and repeated violation of Section 73.1350(a) of 
the Commission's Rules (``Rules'').1  The noted violation 
involves Family's failure to operate its station in accordance 
with the terms of the station authorization.

II.  BACKGROUND

     2.   On April 21, 2005, as a follow-up to a previous 
inspection that uncovered a violation, agents from the 
Commission's San Juan Office of the Enforcement Bureau (``San 
Juan Office'') conducted an inspection of WPLI's transmitter site 
located on the roof of the Atlantico Condominium at Naranjal 
Street, Levittown, Puerto Rico. The agents discovered that the 
station was operating with a non-directional antenna.  The agents 
also found that the station was operating at an ERP of 26.4 watts 
on a horizontally polarized antenna, with no vertical component.  
The engineer for the station stated that the non-directional 
antenna was already in place when he was hired by the station in 
early 2005.  On May 26, 2005, the owner of the station admitted 
that the non-directional antenna had been installed earlier in 
April.  WPLI's license requires that it utilize a directional 
antenna and operate at 34 watts on a horizontally polarized 
antenna and 100 watts on a vertically polarized antenna.  

     3.   On August 24, 2005, the San Juan Office issued a Notice 
of Apparent Liability for Forfeiture to Family in the amount of 
seven thousand dollars ($7,000) for the apparent willful and 
repeated violation of Section 73.1350(a) of the Rules.2  On 
September 22, 2005, Family submitted a response to the NAL 
requesting a reduction or cancellation of the proposed 
forfeiture.



  III.    DISCUSSION

     4.   Section 73.1350(a) of the Rules3 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 April 21, 2005, station 
WPLI was transmitting with a non-directional antenna (Telecom 
Radio Antenna model TFC1K) with no vertical component and an ERP 
of 26.4 watts horizontal.  According to the terms of its station 
authorization, the station is licensed to operate with a 
directional antenna (ODD model ODD930823IG) and an ERP of 34 
watts horizontal and 100 watts vertical.  The station owner 
admitted that the station installed the non-directional antenna 
with no vertical component earlier in April.

     5.   The proposed forfeiture amount in this case was 
assessed in accordance with Section 503(b) of the Act,4 Section 
1.80 of the Rules,5 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) (``Forfeiture Policy 
Statement'').  In examining Family's response, Section 503(b) of 
the Act requires that the Commission 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 other such matters 
as justice may require.6

     6.   In its response, Family argues that the proposed 
forfeiture should be reduced or canceled because the station 
intended only to use the non-directional antenna for a short 
period of time as a basis for testing the station's interference 
in preparation for the filing of a modification application.  
Family claims that the antenna was installed in early April, that 
the tests were intended to last, at most, a week and a half, and 
that it voluntarily disclosed to the San Juan Office that the 
tests would soon commence.  

     7.   We do not find Family's arguments persuasive.  By its 
own admission, Family intentionally installed and operated an 
antenna not authorized by its license for a period of at least 
two weeks.7  The fact that Family may not have intended to 
operate this unauthorized antenna permanently is irrelevant in 
determining whether a violation occurred.  We note that the 
station engineer made no mention of any such tests during the 
inspection on April 21, 2005 and that there is no record that the 
station notified the San Juan Office of its intention to conduct 
tests.  

     8.   Moreover, Section 73.1690(b)(3) of the Rules states 
that modifications to transmission systems that would require an 
increase along any azimuth in the composite directional antenna 
pattern of an FM station from the composite directional antenna 
pattern authorized may only be made after the grant of a 
construction permit application.8  No modification application 
has been filed with the Commission.  Thus, based on the evidence 
before us, we find that Family willfully9 and repeatedly10 
violated Section 73.1350(a) of the Rules by failing to operate 
its station in accordance with the terms of the station 
authorization.

     9.   Family also requests a reduction of the forfeiture 
based on its good faith efforts to comply and its history of 
compliance with the Rules.  Family claims that it immediately 
shut down the test antenna when it was informed by the agent of 
the violation.  Corrective action taken to come into compliance 
with the Rules and cooperation with agents is expected, and does 
not nullify or mitigate any prior forfeitures or violations.11  
However, we have reviewed Family's record and conclude a 
reduction of the forfeiture to $5,600 based on history of 
compliance is appropriate. 

     10.  We have examined Family's response to the NAL pursuant 
to the statutory factors above, and in conjunction with the 
Forfeiture Policy Statement.  As a result of our review, we 
reduce the forfeiture proposed for this violation to $5,600, 
based on Family's history of compliance with the Rules.

  IV.  ORDERING CLAUSES

     11.  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(f)(4) of the Commission's Rules, 
Family Educational Association Inc. IS LIABLE FOR A MONETARY 
FORFEITURE in the amount of five thousand six hundred dollars 
($5,600) for willfully and repeatedly violating Section 
73.1350(a) of the Rules. 

     12.  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.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 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.  Requests for full payment under an 
installment plan should be sent to: Associate Managing Director, 
Financial Operations, 445 12th Street, S.W., Room 1A625, 
Washington, D.C. 20554.13 
     13.  IT IS FURTHER ORDERED that a copy of this Order shall 
be sent by First Class and Certified Mail Return Receipt 
Requested to Family Educational Association Inc. at its record of 
address and to its attorney, William D. Silva, Law Offices of 
William D. Silva, 5335 Wisconsin Ave., NW, Suite 400, Washington, 
DC 20015-2003.  


                              FEDERAL COMMUNICATIONS COMMISSION



                              Dennis P. Carlton
                              Regional Director, South Central 
                         Region
                              Enforcement Bureau

_________________________

147 C.F.R.  73.1350(a).

2Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200532680002 (Enf. Bur., San Juan Office, August 24, 2005) 
(``NAL'').

347 C.F.R.  73.1350(a).

447 U.S.C.  503(b).

547 C.F.R.  1.80.

647 U.S.C.  503(b)(2)(D).

7We note that the station's engineer stated that the non-
directional antenna was installed prior to his joining the 
station in early 2005. 

847 C.F.R.  1690(b)(3). 

9Section 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).   

10The 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.''  47 U.S.C.  
312(f)(2).

11See Seawest Yacht  Brokers, Forfeiture  Order, 9  FCC Rcd  6099 
(1994).

1247 U.S.C.  504(a).

13See 47 C.F.R.  1.1914.