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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
File Number: EB-10-SD-0018
Pacific Spanish Network, Inc. )
NAL/Acct. No: 201132940003
Licensee of WQCV596 )
Chula Vista, California )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: February 25, 2011 Released: February 25, 2011
By the Acting District Director, San Diego District Office, Western
Region, Enforcement Bureau:
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Pacific Spanish Network Inc. ("Pacific Spanish"), licensee of
Fixed Microwave Service radio station, WQCV596, in Chula Vista,
California, apparently willfully and repeatedly violated section
1.903(a) of the Commission's rules ("Rules") by operating a microwave
radio station on a frequency and antenna orientation not authorized by
its license. We conclude that Pacific Spanish is apparently liable for
a forfeiture in the amount of six thousand dollars ($6,000).
2. On February 28, 2010, the Enforcement Bureau's San Diego Office ("San
Diego Office") received information that an application submitted by
Pacific Spanish for modification of its Fixed Microwave Service radio
station license for WQCV596 had been dismissed by the FCC for failing
to make payment on a delinquent debt. A search of the Commission's
database revealed that Pacific Spanish filed an application on January
6, 2010 ("January 2010 Application") to: (1) change the operating
frequency from 22473.5 MHz to 21241.5 MHz; (2) change the antenna
azimuth from 116.2DEG to 161.5DEG; and (3) relocate the endpoint of
the microwave path in Tijuana, Mexico.
3. The January 2010 Application was returned by the Commission's Wireless
Telecommunications Bureau ("WTB") on February 23, 2010. In the
dismissal letter, WTB cautioned Pacific Spanish that "[i]f you are
currently operating under authority provided by the Commission's Rules
based on your submission of the above referenced application, you must
immediately cease operation until such time as you come into
compliance with the Rules."
4. On March 1, 2010, the agents from the San Diego Office traveled to the
WQCV596 control point, located at 296 H Street, Chula Vista,
California ("Chula Vista Location") and, using a spectrum analyzer,
observed the operating parameters of Station WQCV596. The San Diego
agents found that a signal on 21241.5 MHz was being emitted from their
microwave antenna, and its antenna was now pointed at an azimuth
approximately 160DEG atop the building roof, in the manner proposed in
the January 2010 Application.
5. On March 2, 2010, agents from the San Diego Office returned to the
Pacific Spanish's Chula Vista Location and again found the microwave
radio station active on 21241.5 MHz, and its antenna pointed at an
azimuth approximately 160DEG atop the building roof.
6. On March 18, 2010, Pacific Spanish resubmitted its application to
modify the Station WQCV596 license ("March 2010 Application"). As in
the January 2010 Application, Pacific Spanish proposed to: (1) change
the station's operating frequency from 22473.5 MHz to 21241.5 MHz; (2)
change the antenna azimuth from 116.2DEG to 161.5DEG; and (3) relocate
the endpoint of the microwave path in Tijuana, Mexico.
7. On April 9, 2010, agents from the San Diego Office returned to the
Pacific Spanish's Chula Vista Location and once again found the
microwave radio station still active on 21241.5 MHz and its antenna
pointed at an azimuth approximately 160DEG atop the building roof. An
inspection of the microwave radio station was conducted at this time,
but station personnel present at the office were unable to answer the
technical questions asked by the San Diego agent. The agent was
directed to speak with a Pacific Spanish engineer by telephone. The
engineer claimed that a license to operate on frequency 21241.5 MHz
had been issued and a copy would be e-mailed to the FCC's San Diego
office. Later that day, the San Diego Office received an e-mail
message from the Pacific Spanish engineer with an attachment
containing a copy of Pacific Spanish's license for Station WQCV596.
However, this license was a copy of the original authorization granted
on June 6, 2005, to operate on frequency 22473.5 MHz. No authorization
was provided by Pacific Spanish indicating that it was authorized to
operate Station WQCV596 on 21241.5 MHz at the time of the inspection.
8. On June 9, 2010, WTB granted the March 2010 Application allowing the
use of frequency 21241.5 MHz with a reorientation of the antenna to an
azimuth of 161.5DEG.
9. Section 503(b) of the Communications Act of 1934, as amended,
("Communications Act" or "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 for a
forfeiture penalty. The term "willful" as used in section 503(b) of
the Act has been interpreted to mean simply that the acts or omissions
are committed knowingly. The term "repeated" means the commission or
omission of such act more than once or for more than one day.
10. Section 1.903(a) of the Rules requires that stations in the Wireless
Radio Services must be used and operated only in accordance with the
rules applicable to their particular service, and with a valid
authorization granted by the Commission. Pacific Spanish was
authorized under license WQCV596 to operate on microwave channel
22473.5 MHz, with an antenna azimuth of 116.1DEG. In addition,
sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, provides that
certain applicants for point-to-point microwave stations, not located
within 56.3 kilometers of any international border, and operating in
certain frequency bands, are deemed to have conditional authority to
operate their proposed stations during the pendency of their
applications. The frequency proposed for use by Pacific Spanish in its
applications is not contained in the frequency bands specified in Part
101 of the Rules. Also, Pacific Spanish's proposed station is located
too close to the U.S. - Mexico border, approximately 10.6 km, to
authorize operations under conditional licensing. Therefore, Pacific
Spanish did not have conditional authority to operate on 21241.5 MHz
or to change the station's authorized antenna azimuth by approximately
50DEG during the pendency of its application to modify the license for
11. As discussed above, on March 1, 2010, March 2, 2010, and April 9,
2010, measurements made by San Diego agents revealed that Pacific
Spanish was operating microwave radio station WQCV596 on channel
21241.5 MHz with an antenna azimuth of approximately 160DEG. A review
of Commission records indicates that Pacific Spanish had no
authorization to operate on this frequency and with this antenna
azimuth. Because Pacific Spanish knowingly operated Station WQCV596 on
an unauthorized frequency and antenna orientation, we find the
violation was willful. Because the violation occurred on more than one
day, it was repeated. Based on the evidence before us, we find that
Pacific Spanish apparently willfully and repeatedly violated section
1.903(a) of the Rules by operating on frequency 21241.5 MHz with an
antenna azimuth of approximately 160DEG, a frequency and antenna
azimuth not authorized in its license.
12. Pursuant to the Commission's Forfeiture Policy Statement and section
1.80 of the Rules, the base forfeiture amount for using an
unauthorized frequency is $4,000. 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 may
require. Consequently, the base forfeiture amount is subject to
adjustment. Pacific Spanish was aware that it was permitted to operate
only on the frequency authorized for its microwave station, as
evidenced by its January 2010 and March 2010 Applications, and the
warning it received in WTB's February 2010 dismissal letter. Thus, we
find that an upward adjustment in the forfeiture amount of $2,000 is
warranted. Applying the Forfeiture Policy Statement, section 1.80,
and the statutory factors to the instant case, we conclude that
Pacific Spanish is apparently liable for a forfeiture of $6,000.
IV. ORDERING CLAUSES
13. 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 of the Rules, Pacific Spanish Network, Inc. is hereby NOTIFIED of
this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand
dollars ($6,000) for violation of section 1.903(a) of the Rules.
14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules,
within thirty (30) days of the release date of this Notice of Apparent
Liability for Forfeiture, Pacific Spanish Network, Inc., SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
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 NAL/Account Number and FRN
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. Please contact the Financial Operations Group
Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any
questions regarding payment procedures. Pacific Spanish Network, Inc.
shall send electronic notification on the date said payment is made to
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. The written statement must
be mailed to Federal Communications Commission, Enforcement Bureau,
Western Region, San Diego Office, 4542 Ruffner Street, Suite 370, San
Diego, California, 92111, and must include the NAL/Acct. No.
referenced in the caption. An electronic copy shall also be emailed to
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 shall be sent by both Certified Mail, Return Receipt
Requested, and regular mail, to Pacific Spanish Network, Inc., 296 H
Street, Chula Vista, California, 91910.
FEDERAL COMMUNICATIONS COMMISSION
James T. Lyon
Acting District Director
San Diego District Office
47 C.F.R. S: 1.903(a).
See File No. 0004084152, filed January 6, 2010.
Notice of Dismissal to Pacific Spanish Networks, Inc., from Federal
Communications Commission, Wireless Telecommunications Bureau, dated
February 23, 2010. Pacific Spanish was previously assessed a $10,000
forfeiture for operating on 22473.5 MHz at the Chula Vista Location during
2005. Pacific Spanish Network, Inc., 21 FCC Rcd 2073 (EB 2006) ("2006
Forfeiture Order"). Pacific Spanish paid this forfeiture on March 17,
See File No, 0004177603, filed March 18, 2010.
47 U.S.C. S: 503(b).
Section 312(f)(1) of the Act, 47 U.S.C. S: 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', when used with reference to the
commission or omission of any act, 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.,
Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. denied, 7 FCC
Rcd 3454 (1992).
Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
to violations for which forfeitures are assessed under section 503(b) of
the Act, provides that "[t]he 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 C.F.R. S: 1.903(a).
47 C.F.R. S:S: 101.31(b)(1), 101.31(b)(1)(v).
See 47 C.F.R. S: 101.21. The technical content of applications for Part
101 users require data concerning transmitter parameters, such as
frequency, power and modulation emissions as well as antenna information
such as antenna gain, azimuth and path length.
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.
47 U.S.C. S: 503(b)(2)(E).
See 47 C.F.R. S: 1.80(b)(4). See also Call Mobile, Inc., Notice of
Apparent Liability for Forfeiture, DA 11-8 (Enf. Bur., Spectrum Enf. Div.,
Rel. Jan. 4, 2011).
47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 1.903(a).
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission DA 11-373
Federal Communications Commission DA 11-373