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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
International Broadcasting ) File Number EB-07-SJ-068
) NAL/Acct. No. 200832680001
San Juan, PR
) FRN 0003736220
Antenna Structure Registration #
MEMORANDUM OPINION AND ORDER
Adopted: March 12, 2008 Released: March 14, 2008
By the Associate Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order ("Order"), we deny in part and
grant in part the petition for reconsideration filed by International
Broadcasting Corporation ("IBC"), owner of antenna structure #
1026702, in Canovanas, Puerto Rico, of the Forfeiture Order issued
January 9, 2008. The Forfeiture Order imposed a monetary forfeiture in
the amount of $13,000 for IBC's willful and repeated violation of
Sections 17.50 and 17.57 of the Commission's Rules ("Rules"). The
noted violations involved IBC's failure to paint its antenna structure
to maintain good visibility, and failure to notify the Commission of a
change in antenna structure ownership.
2. On September 7 and 11, 2007, agents from the Commission's San Juan
Office of the Enforcement Bureau ("San Juan Office") inspected IBC's
antenna structure and noted that the tower's paint was extremely faded
and washed away in most areas. The agents consulted the Commission's
Antenna Structure Registration ("ASR") database and noted that "Del
Pueblo Radio Corporation" was listed as the owner of antenna structure
# 1026702. After the owner stated that IBC acquired the tower in 2003,
the agents informed him that he must update the structure's ownership
information in the ASR database. On both days, the agents also warned
IBC's owner that the structure needed to be repainted.
3. On October 25, 2007, agents from the San Juan Office again observed
antenna structure # 1026702 and found that its paint was still
extremely faded and washed away in most areas. On November 1, 2007,
Del Pueblo Radio Corporation was still listed as the owner of the
structure in the ASR database.
4. On November 13, 2007, the San Juan Office issued a Notice of Apparent
Liability for Forfeiture to IBC in the amount of thirteen thousand
dollars ($13,000), for the apparent willful and repeated violation of
Sections 17.50 and 17.57 of the Rules. IBC submitted a response to the
NAL requesting a reduction or cancellation of the proposed forfeiture.
On January 9, 2008, the Enforcement Bureau ("Bureau") released the
Forfeiture Order. The Bureau received IBC's petition for
reconsideration on February 7, 2008, requesting reduction or
cancellation of the forfeiture.
5. The forfeiture amount in this case was assessed in accordance with
Section 503(b) of the Communications Act of 1934, as amended ("Act"),
Section 1.80 of the Rules, and The Commission's Forfeiture Policy
Statement and Amendment of Section 1.80 of the Rules to Incorporate
the Forfeiture Guidelines. In examining IBC's petition, 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 any other such matters as justice may
6. IBC again requests that the forfeiture for the painting violation be
reduced or cancelled because of its prompt actions to remedy the
violation after the agents' inspections in September. IBC reiterates
that it admitted that the tower needed painting and hired a contractor
to repaint the tower within a week of the first inspection. IBC also
states that the antenna structure was repainted as of January 15,
2008, the date on which it paid the painter for his services, thus
halting the repeated nature of the violation. IBC, however, raises no
new arguments that would cause us to reconsider the South Central
Region's decision. On September 7 and 11, 2007, the paint on the
antenna structure was extremely faded and washed away. The tower paint
was in such a condition that IBC should have repainted it before the
agents' inspection. Thus, its violation was repeated and willful even
prior to the agents' two inspections in September. Although we
appreciate IBC's prompt efforts to come into compliance, it is well
established that corrective action taken to come into compliance with
the Rules is expected, and does not nullify or mitigate any prior
forfeitures or violations. IBC provided no evidence that it attempted
to bring its antenna structure into compliance prior to the agents'
7. Similarly, we reject IBC request that the forfeiture for its antenna
structure registration violation be reduced or cancelled. IBC
reiterates that it had difficulty updating the ownership information
for its antenna structure because the previous structure owner did not
have a FCC Registration Number. Moreover, IBC states that it took
steps to update the ownership information after the inspection.
However, IBC owned its antenna structure for several years prior to
the agents' inspection and failed to take any steps to update the ASR
ownership information. Thus, as with its tower painting violation,
IBC's violation was willful and repeated even prior to the agents'
inspection. IBC's prompt contact with the Commission to update its
information after the agents' inspection was expected and does not
nullify or mitigate the prior violation.
8. Finally, we deny IBC's request that the forfeiture be reduced based on
its voluntary disclosure of its violations and good faith efforts to
comply with the Rules. IBC did not voluntarily disclose its violations
prior to a Commission inspection. Rather, IBC provided truthful
responses to agents from the San Juan Office during the course of an
inspection. In addition, as discussed in more detail above, although
IBC took prompt steps to come into compliance after the inspections,
such actions are not considered grounds to reduce a forfeiture on the
basis of good faith. IBC also requests for the first time a reduction
of the forfeiture based on its history of compliance. Based on IBC's
history of compliance with the Rules, we reduce the forfeiture to
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the
Communications Act of 1934, as amended, and Section 1.106 of the
Commission's Rules, International Broadcasting Corporation's petition
for reconsideration of the January 9, 2008 Forfeiture Order IS hereby
DENIED IN PART and GRANTED IN PART.
10. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and
Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, International
Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the
amount of ten thousand four hundred dollars ($10,400) for violation of
Sections 17.50 and 17.57 of the Rules.
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/Account Number and FRN Number referenced
above. Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank - Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101. Payment[s] by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the NAL/Account
number in block number 23A (call sign/other ID), and enter the letters
"FORF" in block number 24A (payment type code). Requests for full
payment under an installment plan should be sent to: Chief Financial
Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554. Please contact the Financial Operations
Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with
any questions regarding payment procedures.
12. IT IS FURTHER ORDERED that this Order shall be sent by regular mail
and by certified mail, return receipt requested, to International
Broadcasting Corporation at its address of record and to its counsel,
Richard F. Swift, Irwin, Campbell & Tannenwald, 1730 Rhode Island
Avenue NW, Suite 200, Washington DC, 20036-3101.
FEDERAL COMMUNICATIONS COMMISSION
George R. Dillon
Associate Chief, Enforcement Bureau
International Broadcasting Corporation, Forfeiture Order, DA 08-26 (Enf.
Bur. South Central Region January 9, 2008) ("Forfeiture Order").
47 C.F.R. S:S: 17.50, 17.57.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832680001
(Enf. Bur., San Juan Office, November 13, 2007) ("NAL").
47 U.S.C. S: 503(b).
47 C.F.R. S: 1.80.
12 FCC Rcd. 17087 (1997), recon. denied, 15 FCC Rcd. 303 (1999).
47 U.S.C. S: 503(b)(2)(D).
See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).
47 U.S.C. S: 405.
47 C.F.R. S: 1.106.
47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 17.50, 17.57.
Federal Communications Commission DA 08-562
Federal Communications Commission DA 08-562