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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

     In the Matter of                   File No.: EB-10-SJ-0054      
     A Radio Company, Inc.              NAL/Acct. No.: 201132680002  
     Licensee of Station WEGA           FRN: 0010555654              
     Vega Baja, Puerto Rico 00694       Facility ID No.: 69853       

                                FORFEITURE ORDER

   Adopted: June 15, 2012 Released: June 15, 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 twenty-five thousand dollars ($25,000) to A Radio
       Company, Inc. (A Radio) for willful and repeated violation of an
       Enforcement Bureau (Bureau) order. The noted violations involved A
       Radio's failure to comply with the terms of the Order and Consent
       Decree entered into between the Bureau and A Radio.


    2. On May 11, 2011, the Bureau's San Juan Office (San Juan Office) issued
       a Notice of Apparent Liability for Forfeiture  in the amount of
       $25,000 to A Radio for its failure to comply with the terms of the
       Order and Consent Decree. As discussed in detail in the NAL, A Radio
       failed to submit an $8,000 voluntary contribution and Compliance
       Report required by the Order and Consent Decree. A Radio submitted a
       response to the NAL acknowledging the violations, but requesting
       cancellation or reduction of the forfeiture due to inability to pay. A
       Radio states that its sole owner's "businesses were closed and [that]
       [he] was left owing $70 million." A Radio further states that
       "bankruptcies were filed for most of [its owner's] corporations, with
       the exception of A Radio[;] . . . [and that] [t]here is only one
       corporation operating, other than A Radio." Accordingly, due to what
       it asserts is "overwhelming debt and almost nonexistent cash," A Radio
       contends that it is unable to pay the forfeiture.


    3. As A Radio does not deny any of the facts set forth in the NAL, we
       find that A Radio willfully and repeatedly violated a Bureau order by
       failing to comply with the terms of the Order and Consent Decree
       entered into between the Bureau and A Radio and issued pursuant to
       Sections 4(i) and 503(b) of the Communications Act of 1934, as amended

    4. A Radio claims that it lacks the ability to pay the proposed $25,000
       forfeiture, and submits financial documentation to support its claim.
       Section 503(b)(2)(E) of the Act states that, in determining the amount
       of a forfeiture penalty, the Commission shall 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. We have reviewed A Radio's financial documents, which,
       standing alone, may arguably support its asserted inability to pay
       argument. The ability to pay a forfeiture, however, is just one of the
       criteria we must consider when determining the appropriate forfeiture
       penalty for violations of Bureau and Commission orders. As required by
       the statute itself, we also must consider the nature, circumstances,
       extent, and gravity of the violation. Here, A Radio failed to comply
       with the terms of a negotiated consent decree. The Commission has
       stated that "a consent decree violation, like misrepresentation, is
       particularly serious." A Radio's failure to submit the agreed upon
       voluntary contribution and compliance report, pursuant to the terms of
       the Order and Consent Decree, demonstrates bad faith and a complete
       disregard for Commission and Bureau authority. The Commission expects
       parties to honor agreements made in consent decrees, and A Radio's
       failure to do so undermines the value of consent decrees as an
       efficient means to resolve investigations without further expenditure
       of public resources. Nothing on the record in this case, including A
       Radio's ability to pay claim, warrants any leniency or mitigation of
       the proposed forfeiture amount.

    5. We have examined the NAL Response pursuant to the statutory factors
       set forth in Section 503(b) of the Act, and in conjunction with the
       Forfeiture Policy Statement and Section 1.80 of the Rules. 
       Considering the entire record and the statutory factors listed above,
       we find that A Radio is liable for a forfeiture in the amount of


    6. 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, A Radio
       Company, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of
       twenty-five thousand dollars ($25,000) for violating the terms of a
       Bureau order adopted pursuant to Sections 4(i) and 503(b) of the Act.

    7. 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 U.S. Department of Justice
       for enforcement pursuant to Section 504(a) of the Act. The payment
       must be made by check or similar instrument, wire transfer, or credit
       card, and must include the Account Number and FRN referenced above.
       Regardless of the form of payment, a completed FCC Form 159
       (Remittance Advice) must also be submitted.  An FCC Form 159 may be
       obtained at When completing
       the FCC Form 159, enter the Account Number in block number 23A (call
       sign/other ID) and enter the letters "FORF" in block number 24A
       (payment type code).  Payment by check or money order must be made
       payable to the order of the Federal Communications Commission.  Such
       payments 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. Payment by credit card may be made by providing the
       required credit card information on FCC form 159 and signing and ate
       the Form 159 to authorize the credit card payment. 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.  If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or E-mail: A Radio shall also send
       electronic notification to  on the date said
       payment is made.

    8. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
       First Class and Certified Mail, Return Receipt Requested, to A Radio
       Company, Inc. at P.O. Box 1488, Vega Baja, Puerto Rico 00694, and to
       Audrey P. Rasmussen, its attorney, at Hall Estill, 1120 20th Street
       N.W., Suite 700, North Building, Washington, D.C. 20036-3406.


   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   A Radio Company, Inc., Order and Consent Decree, 23 FCC Rcd 7337 (Enf.
   Bur. 2008) (Order and Consent Decree).

   A Radio Company, Inc., Notice of Apparent Liability for Forfeiture, 26 FCC
   Rcd 6409 (Enf. Bur. 2011) (NAL). A comprehensive recitation of the facts
   and history of this case can be found in the NAL, and is incorporated
   herein by reference.

   See Letter from Audrey P. Rasmussen, Attorney for A Radio, to William
   Berry, Resident Agent, San Juan Office (June 9, 2011) (on file in
   EB-10-SJ-0054) (NAL Response).

   Id. at 1.

   Id. at 2.


   47 U.S.C. S:S: 154(i), 503(b).

   47 U.S.C. S: 503(b)(2)(E).


   SBC Communications, Inc., Notice of Apparent Liability for Forfeiture and
   Order, 16 FCC Rcd 19091, 19125 (2001).

   See Kevin W. Bondy, Forfeiture Order, 26 FCC Rcd 7840 (Enf. Bur. 2011)
   (licensee's repeated willful and malicious intentional interference with
   other licensed communications outweighed licensee's evidence concerning
   his ability to pay the proposed forfeiture); Hodson Broadcasting
   Corporation, Forfeiture Order, 24 FCC Rcd 13699 (Enf. Bur. 2009)
   (permittee's continued operation at variance with its construction permit
   constituted an intentional and continuous violation, which outweighed
   permittee's evidence concerning its ability to pay the proposed

   47 U.S.C. S: 503(b).

   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), recons. denied, 15
   FCC Rcd 303 (1999).

   47 C.F.R. S: 1.80.

   47 U.S.C. S:S: 154(i), 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,

   47 U.S.C. S: 504(a).

   See 47 C.F.R. S: 1.1914.

   Federal Communications Commission DA 12-940


   Federal Communications Commission DA 12-940