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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
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
IV. ORDERING CLAUSES
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 http://www.fcc.gov/Forms/Form159/159.pdf. 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: ARINQUIRIES@fcc.gov. A Radio shall also send
electronic notification to SCR-Response@fcc.gov 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.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
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