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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Vision Latina Broadcasting, Inc. File No.: EB-10-HU-0068
Licensee of Station KBPO NAL/Acct. No.: 201132540003
Port Neches, Texas FRN: 0010019115
Facility ID #: 68762
NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER
Adopted: June 30, 2011 Released: June 30, 2011
By the Resident Agent, Houston Office, South Central Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Vision Latina Broadcasting, Inc. ("Vision Latina Broadcasting"),
licensee of Station KBPO, Port Neches, Texas (the "Station"),
apparently willfully and repeatedly violated sections 73.1125 and
73.3526 of the Commission's rules ("Rules") by failing to maintain:
(1) a main studio with a meaningful staff and management presence; and
(2) a complete public inspection file and make that file available. We
conclude that Vision Latina Broadcasting is apparently liable for a
forfeiture in the amount of twenty-five thousand dollars ($25,000). In
addition, no later than 30 days from the date of this NAL, Vision
Latina Broadcasting must submit a statement signed under penalty of
perjury by an officer or director of the licensee that: (1) Station
KBPO's main studio is staffed full-time by full-time managerial and
staff personnel; and (2) Station KBPO's public inspection file is
2. On December 2, 2010, in response to a complaint, an agent from the
Enforcement Bureau's Houston Office ("Houston Office") attempted an
inspection of Station KBPO's main studio in Port Arthur, Texas. The
agent stopped by the main studio several times throughout the day,
including during regular business hours. Each time, the entrance to
the main studio was locked and no employees were present.
3. On December 9, 2010, during normal business hours, an agent from the
Houston Office again attempted an inspection of the main studio. The
only employee present was an announcer, who stated that Vision Latina
Broadcasting's President was scheduled to return from Mexico on
December 13, 2010, and acknowledged that there was no manager at the
Station. The agent requested to inspect the Station's public
inspection file, and found that it did not contain a current copy of
the station authorization, service contour map, the most recent
ownership report, Public and Broadcasting manual, or any
issues-programs lists. When the agent inquired about the missing
documents, the announcer responded that he did not know the location
of the missing documents and that the company's President would
provide the missing documents to the agent when he returned from
4. Relying on the announcer's claim that the President would be back at
the Station on December 13, 2010, the agent returned to the Station on
that date to reattempt an inspection of the Station's main studio.
During this visit, the agent observed three individuals in the
broadcast booth. One employee exited the booth and informed the agent
that Vision Latina Broadcasting's President remained in Mexico and
would not return until sometime in January 2011. The employee and the
two other disc jockeys in the booth refused to make any part of the
public inspection file available for inspection.
5. Section 503(b)(1) of the Communications Act of 1934, as amended
("Act"), provides that any person who willfully or repeatedly fails to
comply substantially with the terms and conditions of any license, or
willfully or repeatedly fails to comply with any of the provisions of
the Act or of any rule, regulation or order issued by the Commission
thereunder, shall be liable to the United States for a forfeiture
penalty. Section 312(f)(1) of the Act defines willful as "the
conscious and deliberate commission or omission of [any] act,
irrespective of any intent to violate" the law. The legislative
history to section 312(f)(1) of the Act clarifies that this definition
of willful applies to both sections 312 and 503(b) of the Act, and the
Commission has so interpreted the term in the section 503(b) context.
The Commission may also assess a forfeiture for violations that are
merely repeated, and not willful. "Repeated" means that the act was
committed or omitted more than once, or last more than one day.
6. Section 73.1125(a) of the Rules (known as the "main studio rule")
requires broadcast stations to maintain a main studio. As the
Commission has explained, "[a] station must equip the main studio with
production and transmission facilities that meet applicable standards,
maintain continuous program transmission capability, and maintain a
meaningful management and staff presence." The Commission has defined
a minimally acceptable "meaningful presence" as full-time managerial
and full-time staff personnel. Although management personnel need not
be "chained to their desks" during normal business hours, they must
"report to work at the main studio on a daily basis, spend a
substantial amount of time there and . . . use the studio as a home
7. On December 2, 2010, an agent with the Houston Office observed that
there was no management or staff presence at Station KBPO's main
studio during normal business hours. On December 9 and 13, 2010, the
agent observed that there was staff but no management presence at the
Station's main studio during normal business hours, despite assurances
from a Station employee that the President of the Station would be at
the studio on December 13, 2010. Thus, based on the evidence before
us, we find that Vision Latina Broadcasting willfully and repeatedly
violated section 73.1125 of the Rules by failing to maintain a main
studio with a meaningful management and staff presence.
8. Section 73.3526 of the Rules (known as the "public inspection file
rule") requires broadcast stations to maintain and make available a
public inspection file for public inspection at any time during normal
business hours. On December 9, 2010, an agent from the Houston Office
inspected the public inspection file for Station KBPO during normal
business hours. The public inspection file did not contain a current
station authorization, contour map, ownership report, Public and
Broadcasting manual or any issues-programs listings. On December 13,
2010, the agent requested to inspect Station KBPO's public inspection
file during normal business hours, but the public inspection file was
not made available at that time. Thus, based on the evidence before
us, we find that Vision Latina Broadcasting willfully and repeatedly
violated section 73.3526 of the Rules by failing to maintain and make
available, during more than one visit, a complete public inspection
9. Pursuant to the Commission's Forfeiture Policy Statement and section
1.80 of the Rules, the base forfeiture amount for failing to maintain
a main studio with a meaningful staff presence is $7,000, and the base
forfeiture amount for failing to maintain and make available a
complete public inspection file is $10,000. In assessing the monetary
forfeiture amount, we must also take into account the statutory
factors set forth in section 503(b)(2)(E) of the Act, which include
the nature, circumstances, extent, and gravity of the violations, and
with respect to the violator, the degree of culpability, any history
of prior offenses, ability to pay, and other such matters as justice
10. Based upon the facts and circumstances of this case, we conclude that
upward adjustments of the base forfeiture amounts are warranted
because the violations were egregious and persistent. The Station
failed to comply with the main studio requirement during three
separate visits; and with respect to the public file violation, the
Station's public file failed to contain multiple materials required to
be retained during one visit, and the Station failed to provide a
public file altogether during a subsequent visit. These circumstances
persisted for a period of time without any apparent Station management
oversight or efforts to comply. We therefore propose a forfeiture in
the amount of $10,000 for Vision Latina's willful and repeated
violation of the main studio rule and $15,000 for Vision Latina
Broadcasting's willful and repeated violations of the public
inspection file rule, for a total proposed forfeiture of $25,000.
11. We direct Vision Latina Broadcasting to submit a statement signed
under penalty of perjury by an officer or director of Vision Latina
Broadcasting that: (1) Station KBPO's main studio is staffed full-time
by full-time managerial and staff personnel (listing the names of the
staff and manager and the hours and days worked); and (2) Station
KBPO's public inspection file is complete. This statement must be
provided to the Houston Office at the address listed in paragraph 16
within thirty days of the release date of this NAL. Failure to comply
with this requirement could subject the licensee to additional
IV. ORDERING CLAUSES
12. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
Communications Act of 1934, as amended, and sections 0.111, 0.204,
0.311, 0.314 and 1.80 of the Commission's Rules, Vision Latina
Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A
FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for
violations of sections 73.1125 and 73.3526 of the Rules.
13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules,
within thirty days of the release date of this Notice of Apparent
Liability for Forfeiture and Order, Vision Latina Broadcasting, Inc.
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the proposed
14. IT IS FURTHER ORDERED that Vision Latina Broadcasting, Inc. SHALL
SUBMIT a statement as described in paragraph 11, supra, to the Houston
Office within thirty days of the release date of this Notice of
Apparent Liability for Forfeiture and Order.
15. Payment of the forfeiture must be made by credit card, check or
similar instrument, payable to the order of the Federal Communications
Commission. The payment must include the 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 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. 20554.8 If you have questions regarding payment
procedures, please contact the Financial Operations Group Help Desk at
1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. Vision Latina
Broadcasting shall send electronic notification on the date said
payment is made to SCR-Response@fcc.gov.
16. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
sections 1.80(f)(3) and 1.16 of the Rules. Mail the written statement
to Federal Communications Commission, Enforcement Bureau, South
Central Region, Houston Office, 9597 Jones Road #362, Houston, Texas,
77065 and include the NAL/Acct. No. referenced in the caption. The
statement should also be emailed to SCR-Response@fcc.gov.
17. 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 ("GAAP"); 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.
18. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture and Order shall be sent by both Certified Mail, Return
Receipt Requested, and regular mail, to Vision Latina Broadcasting,
Inc. at 419 Stadium Road, Port Arthur, Texas, 77642.
FEDERAL COMMUNICATIONS COMMISSION
Lee R. Browning
South Central Region
See 47 C.F.R. S:S: 73.1125, 73.3526.
See 47 U.S.C. S: 503(b). See also 47 C.F.R. S: 1.80(a)(1).
47 U.S.C. S: 312(f)(1).
See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
[inserted in section 312] defines the terms `willful' and `repeated' for
purposes of section 312, and for any other relevant section of the act
(e.g., section 503) . . . . As defined[,] . . . `willful' means that the
licensee knew that he was doing the act in question, regardless of whether
there was an intent to violate the law. `Repeated' means more than once,
or where the act is continuous, for more than one day. Whether an act is
considered to be `continuous' would depend upon the circumstances in each
case. The definitions are intended primarily to clarify the language in
sections 312 and 503, and are consistent with the Commission's application
of those terms . . . .").
See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
Order, 6 FCC Rcd 4387, 4388 (1991).
See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
Monetary Forfeiture, 16 FCC Rcd 1359, 1362 (2001) ("Callais Cablevision")
(proposing a forfeiture for, inter alia, a cable television operator's
repeated signal leakage).
See Southern California Broadcasting, 6 FCC Rcd at 4388; Callais
Cablevision, 16 FCC Rcd at 1362.
See 47 C.F.R. S: 73.1125(a).
Main Studio and Program Origination Rules, Memorandum Opinion and Order,
3 FCC Rcd 5024, 5026 (1988).
Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order, 6
FCC Rcd 3615, 3616 (1991), clarified, 7 FCC Rcd 6800 (1992).
Jones Eastern of the Outer Banks, 7 FCC Rcd at 6802.
See 47 C.F.R. S: 73.3526.
See 47 C.F.R. 73.3526(e)(1).
See 47 C.F.R. 73.3526(e)(4).
See 47 C.F.R. 73.3526(e)(5).
See 47 C.F.R. 73.3526(e)(8).
See 47 C.F.R. 73.3526(e)(12).
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) ("Forfeiture Policy Statement"), recon. denied, 15
FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.
See 47 U.S.C. S: 503(b)(2)(E).
See 47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80,
See 47 C.F.R. S: 1.1914.
(...continued from previous page)
Federal Communications Commission DA 11-1123
Federal Communications Commission DA 11-1123