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Federal Communications Commission
Washington, DC 20554
In the Matter of
) Facility ID No. 42685
MINISTERIO RADIAL CRISTO VIENE PRONTO,
INC. ) NAL/Account No.
Licensee of Noncommercial Educational )
Station WCRP(FM), Guayama, Puerto Rico FRN 0009422858
Adopted: August 25, 2009 Released: August 25, 2009
By the Acting Chief, Enforcement Bureau:
1. In this Forfeiture Order, we impose a monetary forfeiture of $2,000
against Ministerio Radial Cristo Viene Pronto, Inc. ("Ministerio" or
"Licensee"), licensee of noncommercial educational Station WCRP (FM),
Guayama, Puerto Rico ("Station"), for violating Section 399B of the
Communications Act of 1934, as amended (the "Act"), and Section
73.503(d) of the Commission's rules by broadcasting prohibited
advertisements over the Station.
2. This case arises from a complaint made to the Commission alleging that
noncommercial educational Station WCRP(FM) broadcast prohibited
underwriting announcements on or about October 25, 2006. Thereafter, the
Bureau inquired of the Licensee concerning the allegations contained in
the complaint. Ministerio responded substantively to the LOI on June 5,
3. On January 16, 2009, the Bureau issued a Notice of Apparent Liability
for Forfeiture ("NAL"), finding that the Licensee had apparently violated
the pertinent statute and Commission rules, and proposing a monetary
forfeiture of $2,500. On April 30, 2009, Ministerio responded to the NAL.
In its response, Ministerio urges the Commission to cancel or
substantially reduce the NAL's proposed forfeiture amount asserting that
it is unable to pay that amount and that the forfeiture amount should
reflect its history of compliance with the Commission's rules.
4. In its NAL Response, Ministerio does not dispute the Bureau's NAL
finding that the two announcements at issue violated the Commission's
underwriting rules and so we adopt the NAL's apparent conclusion
concerning those announcements. Instead, Ministerio focuses on the
proposed forfeiture amount, which was assessed in accordance with Section
503(b) of the Communications Act, Section 1.80 of the Commission's Rules,
and the Commission's forfeiture guidelines set forth in its Forfeiture
Policy Statement. In assessing forfeitures, Section 503(b) of the Act
requires that we 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
matters as justice may require.
5. Ministerio claims that, due to its strained financial condition, it
cannot satisfy the forfeiture amount and argues that cancellation or at
least reduction is warranted due to such hardship. In support, Ministerio
has provided financial documentation for 2006, 2007, and 2008. Ministerio
also states that it has loans that constrain its ability to pay the
6. The Commission has determined that a licensee's gross revenues are the
best yardsticks for determining its ability to pay, and that the net
losses do not, in the absence of other mitigating factors, demonstrate a
licensee's inability to pay. After reviewing Ministerio's financial
documentation and in light of its gross revenues, we do not agree with
Ministerio that cancellation or reduction on the basis of inability to pay
is appropriate in this case. Upon providing proper documentation, however,
Ministerio may request an installment payment plan option to lessen the
immediate impact of the forfeiture.
7. Ministerio also requests that we consider reducing the forfeiture
amount based on its overall record of compliance with the Commission's
rules. We have reviewed our records and find no other violations by the
Licensee. Under similar circumstances, we have reduced other proposed
forfeitures, and find that doing so in this case is appropriate.
Consequently, we reduce Ministerio's forfeiture amount from $2,500 to
IV. ORDERING CLAUSES
8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended (the "Act"), and Section 1.80 of
the Commission's rules, Ministerio Radial Cristo Viene Pronto, Inc., IS
LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully and
repeatedly violating Section 399B of the Act, as amended, and Section
73.503(d) of the Commission's Rules.
9. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) days of the release of this
Forfeiture 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. 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 No. and FRN No. 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 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 24A (payment type code). Ministerio will also send
electronic notification on the date said payment is made to
Hillary.DeNigro@fcc.gov, Ben.Bartolome@fcc.gov, Kenneth.Scheibel@fcc.gov,
and Anita.Patankar-Stoll@fcc.gov. 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
10. IT IS FURTHER ORDERED that a copy of this Order shall be sent, by
Certified Mail/Return Receipt Requested, to Ministerio Radial Cristo Viene
Pronto, Inc., P.O. Box 344, Guayama, Puerto Rico, 00785-0344, and to its
counsel, Frank R. Jazzo, Esq., and Anne Goodwin Crump, Esq., Fletcher
Heald & Hildreth, P.L.C., 11th Floor, 1300 North 17th Street, Arlington,
FEDERAL COMMUNICATIONS COMMISSION
Suzanne M. Tetreault
Acting Chief, Enforcement Bureau
See 47 U.S.C. S: 399b. Section 399B(b)(2) of the Act prohibits
noncommercial stations from broadcasting advertisements. See 47 U.S.C. S:
See 47 C.F.R. S: 73.503(d) (prohibiting noncommercial educational FM
broadcasting stations from broadcasting promotional announcements).
See Ministerio Radial Cristo Viene Pronto, Inc., Notice of Apparent
Liability for Forfeiture, 24 FCC Rcd 241 (Enf. Bur. 2009) ("NAL"). See NAL
for a full discussion of the facts.
See Letter from Benigno E. Bartolome, Deputy Chief, Investigations and
Hearings Division, Enforcement Bureau, to Ministerio, dated April 20, 2007
See Letter from Frank R. Jazzo, Esq., and Anne Goodwin Crump, Esq., to
Marlene H. Dortch, Secretary, FCC, dated June 5, 2007 ("Response").
See NAL, 24 FCC Rcd 241.
See Ministerio Radial Cristo Viene Pronto, Inc., Response to the Notice of
Apparent Liability for Forfeiture, filed April 30, 2009 ("Response").
See id. at 3.
See 47 U.S.C. S: 503(b).
See 47 C.F.R. S: 1.80.
See The Commission's Forfeiture Policy Statement and Amendment of Section
1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and
Order, 12 FCC Rcd 17087 (1997), recons. denied, 15 FCC Rcd 303 (1999)
("Forfeiture Policy Statement").
See 47 U.S.C. S: 503(b)(2)(E).
See NAL Response at 2.
See id. & Attachments.
See id. at 2.
See PJB Communications of Virginia, Inc., Memorandum Opinion and Order, 7
FCC Rcd 2088 (1992) ("PJB Communications").
See Independent Communications Inc., Memorandum Opinion and Order and
Forfeiture Order, 14 FCC Rcd 9605, 9610 (1999); PJB Communications, 7 FCC
Rcd at 2089.
See, e.g., PJB Communications, 7 FCC Rcd at 2089 (forfeiture not deemed
excessive where it represented approximately 2.02 percent of the
violator's gross revenues); Local Long Distance, Inc., 16 FCC Rcd 24385,
24389 (2000), recons. denied, 16 FCC Rcd 10023, 10025 (2001) (forfeiture
not deemed excessive where it represented approximately 7.9 percent of the
violator's gross revenues); Hoosier Broadcasting Corporation, 15 FCC Rcd
8640, 8641 (Enf. Bur. 2002) (forfeiture not deemed excessive where it
represented approximately 7.6 percent of the violator's gross revenues).
In this case, the forfeiture represents a smaller percentage of the
licensee's gross revenues than those involved in the foregoing precedent.
See, e.g., WMGO Broadcasting Corp., Inc., Forfeiture Order, 23 FCC Rcd
3754 (Enf. Bur., Invest. and Hearings Div. 2008).
See 47 U.S.C. S: 503(b), 47 C.F.R. S: 1.80.
See 47 U.S.C. S: 399b; 47 C.F.R. S: 73.503(d).
See 47 C.F.R. S: 1.80.
See 47 U.S.C. S: 504(a).
Federal Communications Commission DA 09-1832