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Federal Communications Commission
Washington, D.C. 20554
In the Matter of File No.: EB-10-HU-0068
Vision Latina Broadcasting, Inc. NAL/Acct. No.: 201132540003
Licensee of Station KBPO FRN: 0010019115
Port Neches, Texas Facility ID: 68762
Adopted: March 30, 2012 Released: March 30, 2012
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
the amount of five hundred dollars ($500) to Vision Latina
Broadcasting, Inc. (Vision Latina Broadcasting), licensee of Station
KBPO, Port Neches, Texas (the Station), for willful and repeated
violation of Sections 73.1125 and 73.3526 of the Commission's rules
(Rules). The noted violations involved Vision Latina Broadcasting's
failure 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.
2. On June 30, 2011, the Enforcement Bureau's Houston Office (Houston
Office) issued a Notice of Apparent Liability for Forfeiture and Order
(NAL) to Vision Latina Broadcasting for failing to comply with main
studio staffing and public inspection file rules. As discussed in
detail in the NAL, an agent from the Houston Office attempted to
inspect Station KBPO's main studio during normal business hours on
December 2, 2010 and found the main studio locked and unstaffed. The
agent returned to the main studio on December 9, 2010 and found one
staff member present, who produced a public inspection file for the
Station, which was missing several required items. The staff member
claimed the company's president would provide the missing documents
when he returned from Mexico on December 13, 2010, but when the agent
returned on that day the company's president was still in Mexico. The
employees at the main studio on December 13, 2010 refused to make any
part of the public inspection file available. In view of the record
evidence, including that the main studio was not fully staffed during
three separate visits, a complete public inspection file was not
produced during two separate visits, and these violations appeared to
continue for a period of time without any apparent station management
or oversight, the NAL proposed a forfeiture of $25,000 against Vision
Latina Broadcasting for violations of Sections 73.1125 and 73.3526 of
the Rules. Vision Latina Broadcasting submitted a response to the NAL
requesting "cancellation or a substantial reduction of the forfeiture
proposed in the NAL to not more than $500" based on its inability to
pay. Vision Latina Broadcasting also submitted a certification that
its main studio is now staffed consistent with the rules and that the
station's public inspection file is complete and available to the
3. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Act, Section 1.80 of the Rules, and the
Forfeiture Policy Statement. In examining Vision Latina Broadcasting'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. As discussed below, we have
considered Vision Latina's response in light of these statutory
factors and we find that a reduction in the forfeiture is warranted
based solely on its documented inability to pay.
4. As set forth in the NAL, an agent from the Houston Office inspected or
attempted to inspect Station KBPO's main studio on December 2, 9, and
13, 2010 and, among other things, found no management personnel
present and an incomplete public inspection file. In its response to
the NAL, Vision Latina Broadcasting does not deny any of the facts set
forth in the NAL. Therefore, we find that Vision Latina Broadcasting
willfully and repeatedly violated Sections 73.1125 and 73.3526 of the
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. With regard to an individual's or
entity's inability to pay a claim, the Commission has determined that,
in general, gross revenues are the best indicator of an ability to pay
a forfeiture. Having reviewed Vision Latina's submitted documentation,
we conclude that the forfeiture should be reduced to $500.
IV. ORDERING CLAUSES
5. 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(f)(4) of the Commission's rules, Vision Latina
Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount
of five hundred dollars ($500) for violations of Sections 73.1125 and
73.3526 of the Commission's rules.
6. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) calendar 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
enforcement 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 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. Vision Latina Broadcasting, Inc. shall
also send electronic notification to SCR-Response@fcc.gov on the date
said payment is made.
7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
First Class and Certified Mail, Return Receipt Requested, to Vision
Latina Broadcasting, Inc. at 419 Stadium Road, Port Arthur, Texas,
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
47 C.F.R. S:S: 73.1125, 73.3526.
Vision Latina Broadcasting, Inc., Notice of Apparent Liability for
Forfeiture and Order, 26 FCC Rcd 9231 (Enf. Bur. 2011).
A comprehensive recitation of the facts and history of this case can be
found in the NAL and is incorporated herein by reference.
Letter from Gilardo Castro, Vice President, Vision Latina Broadcasting,
Inc., to Lee R. Browning, Resident Agent, Houston Office, Enforcement
Bureau (Aug. 25, 2011) (NAL Response).
Id. at 2.
47 U.S.C. S: 503(b).
47 C.F.R. S: 1.80.
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), recon. denied, 15 FCC Rcd 303 (1999) (Forfeiture
47 U.S.C. S: 503(b)(2)(E).
See NAL Response at 1.
See PJB Communications of Virginia, Inc., Forfeiture Order, 7 FCC Rcd
2088, 2089 (1992) (forfeiture not deemed excessive where it represented
approximately 2.02 percent of the violator's gross revenues); Local Long
Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not
deemed excessive where it represented approximately 7.9 percent of the
violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture
Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
represented approximately 7.6 percent of the violator's gross revenues).
47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
1.80(f)(4), 73.1125, 73.3526.
47 U.S.C. S: 504(a).
Federal Communications Commission DA 12-481
Federal Communications Commission DA 12-481