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Federal Communications Commission
Washington, D.C. 20554
In the Matter of Hispanic Target Media, Inc. Licensee of Station KUKY(FM)
Wellton, Arizona ) ) ) ) ) ) ) File No.: EB-09-SD-0055 NAL/Acct. No.:
201032940001 FRN: 0011335098 Facility ID No.: 162388
Adopted: October 28, 2013 Released: October 29, 2013
By the Regional Director, Western Region, Enforcement Bureau:
1. In this Forfeiture Order, we issue a monetary forfeiture in the amount
of eight thousand dollars ($8,000) to Hispanic Target Media, Inc.
(HTM), licensee of Station KUKY(FM), Wellton, Arizona, for willfully
and repeatedly violating Section 73.3526(b)-(c)^ of the Commission's
rules (Rules) by failing to maintain and make available the Station
KUKY(FM) public inspection file at its main studio.
2. On September 24, 2009, agents from the Enforcement Bureau's San Diego
Office (San Diego Office) attempted to conduct a station inspection of
the Station KUKY(FM) main studio, which is located in Yuma, Arizona.
The agents were greeted by the station's general manager and began
their inspection. The agents requested to view the Station KUKY(FM)
public inspection file. However, the station manager did not
understand the agents' request. The station manager said that Station
KUKY(FM), which began operations on May 20, 2009, had not maintained a
public inspection file and no such file was available for review. When
asked why no public inspection file was maintained, the station
manager replied he was not aware one was required and that no such
file was maintained at Station KUKY(FM).
3. On December 21, 2009, the San Diego Office issued a Notice of Apparent
Liability for Forfeiture (NAL) in the amount of $10,000 to HTM for
failing to maintain and make available the Station KUKY(FM) public
inspection file at the Station KUKY(FM) main studio.^ HTM responded to
the NAL on March 5, 2010 (Response).^ In its Response, HTM requests
that the forfeiture be cancelled because HTM maintained the complete
Station KUKY(FM) public file at the local library and because the
Station KUKY(FM) station manager was not fluent in English and,
therefore, did not understand the questions being posed by the San
4. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Communications Act of 1934, as amended
(Act),^ Section 1.80 of the Rules,^ and the Commission's Forfeiture
Policy Statement.^ In examining HTM'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.^ We considered HTM's Response to the NAL in light of these
statutory factors and find that a reduction of the forfeiture is
warranted for the reasons discussed below.
5. Section 73.3526(a) of the Rules requires that all FM Broadcast
stations maintain a public inspection file and Section 73.3526(b)
requires that the file be located at the main studio of the station.^
^ Section 73.3526(c) of the Rules requires that the file be available
for public inspection at any time during regular business hours.^ On
September 24, 2009, agents from the San Diego Office attempted to
inspect the file during regular business hours, but were unable to
access the file at the station's main studio and were informed by the
station manager, apparently erroneously, that a public inspection file
was not maintained by Station KUKY(FM).
6. HTM does not dispute that the public inspection file was missing from
the Station KUKY(FM) main studio. Consequently, we find that any
language issues that may have existed between the San Diego agents and
the Station KUKY(FM) station manager are not dispositive in this case.
Had the station manager fully understood the request from the San
Diego agents, he apparently would have informed the agents that the
public inspection file was maintained at the local public library. We
accept HTM's representations that a public inspection file for Station
KUKY(FM) existed. However, the public inspection file was not
maintained at the main studio nor made available at the time of
inspection: violations of Section 73.3526(b)-(c) of the Rules. Citing
our decision in American Family, HTM argues there is precedent that
its good faith efforts of maintaining a complete public inspection
file accessible at the local public library requires that the
forfeiture be cancelled.^ We disagree that the decision in American
Family requires the cancellation of the forfeiture because in that
case the forfeiture concerned only three late-filed items in a public
inspection file, which was maintained at the station's main studio. In
the present case, the entire file was unavailable at the Station
KUKY(FM) main studio. We agree, however, that a reduction for HTM's
good faith efforts is appropriate and, therefore, we reduce the
forfeiture from $10,000 to $8,000.^
7. We have examined HTM's Response to the NAL pursuant to the statutory
factors above and in conjunction with the Forfeiture Policy Statement.
As a result of our review, we conclude that HTM willfully and
repeatedly violated Section 73.3526(b)-(c) of the Rules. Considering
the entire record and the factors listed above, we find that a
forfeiture in the amount of eight thousand dollars ($8,000) is
IV. ORDERING CLAUSES
8. 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, Hispanic
Target Media, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount
of eight thousand dollars ($8,000) for willfully and repeatedly
violating Section 73.3526(b)-(c) of the Commission's Rules.^
9. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) calendar days after the
release date 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 of the forfeiture pursuant to
Section 504(a) of the Act.^ Hispanic Target Media, Inc., shall also
send electronic notification on the date said payment is made to
WR-Response@fcc.gov. The payment must be made by check or similar
instrument, wire transfer, or credit card, and must include the
NAL/Account Number and FRN referenced above. Regardless of the form of
payment, a completed FCC Form 159 (Remittance Advice) must be
submitted.^ 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). Below are additional
instructions you should follow based on the form of payment you
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
10. Any request for making full payment over time under an installment
plan should be sent to: Chief Financial Officer--Financial
Operations, Federal Communications Commission, 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 by phone, 1-877-480-3201, or by e-mail,
11. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
sent by both First Class Mail and Certified Mail, Return Receipt
Requested to Hispanic Target Media, Inc., 2433 E. Palo Verde St.,
Yuma, Arizona, 85365, and Meredith S. Senter, Jr., Esquire, Lerman
Senter PLLC, 2000 K Street, N.W., Suite 600, Washington DC 20006, its
counsel of record.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
^ 47 C.F.R. S 73.3526(b)-(c).
^ Hispanic Target Media, Inc., Notice of Apparent Liability for
Forfeiture, NAL/Acct. No. 201032940001 (Enf. Bur., Western Region, San
Diego Office (rel. Dec. 21, 2009) (NAL).
^ See Response of Hispanic Target Media, Inc. (filed Mar. 5, 2010) (on
file in EB-09-SD-0055) (Response). HTM requested and was granted an
extension of time to file its Response by the San Diego Office.
^ See Response at 1-4.
^ 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), recons. denied, 15 FCC Rcd 303 (1999)
(Forfeiture Policy Statement).
^ 47 U.S.C. S 503(b)(2)(E).
^ 47 C.F.R. S 73.3526(a)-(b).
^ 47 C.F.R. S 73.3526(c).
^ See Response at 2-4 (citing Am. Family Ass'n, Memorandum Opinion and
Order, 18 FCC Rcd 16530 (Enf. Bur. 2003) (American Family)). In American
Family, the Enforcement Bureau cancelled part of an assessed forfeiture
relating to public file violations because the station was able to show
that the three items missing from the file had been untimely filed by the
station manager. American Family, 18 FCC Rcd at 16532, para. 9.
^ See Lazer Licenses, LLC, Order on Review, 27 FCC Rcd 626 (2012)
(affirming a determination to reduce, but not cancel, for good faith
efforts, an assessed forfeiture where the public inspection file was
complete but not available at the correct location).
^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80(f)(4),
^ 47 C.F.R. S 1.80.
^ 47 U.S.C. S 504(a).
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
^ See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 13-2061
Federal Communications Commission DA 13-2061