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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ERJ Media, LLC Licensee of Station WOIR Miami, Florida )
) ) ) ) ) ) File No.: EB-FIELDSCR12-00000697 NAL/Acct. No.: 201232600009
FRN: 0018302281 Facility ID No.: 13776
Adopted: February 25, 2013 Released: February 25, 2013
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
the amount of one thousand seven hundred and fifty dollars ($1,750) to
ERJ Media, LLC (ERJ Media), licensee of Station WOIR in Miami,
Florida, for willful and repeated violation of Section 73.1745(a) of
the Commission's rules (Rules).^ The noted violation involved ERJ
Media's failure to operate within authorized power limitations.
2. Station WOIR, an AM radio station, is authorized to operate on 1430
kHz with 5000 watts during the day and 500 watts at night. On April 6,
2012, the Enforcement Bureau's Miami Office (Miami Office) issued a
Notice of Apparent Liability for Forfeiture and Order (NAL)^ to ERJ
Media for its failure to operate within authorized power limitations.
The NAL proposed a $4,000 forfeiture and ordered ERJ Media to submit a
written statement, signed under penalty of perjury, stating whether
Station WOIR is now in compliance with Section 73.1745(a) of the
Rules.^ ERJ Media submitted a response to the NAL, requesting that we
reduce the proposed forfeiture based on financial hardship.^ In
addition, ERJ Media reported that following the agent's inspection on
February 13, 2012, it confirmed that the over power operation was a
result of problems with the Station's equipment. ERJ states that it
made appropriate repairs to correct the issue, and that it has since
been in compliance with the Rules.^
3. 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 Forfeiture Policy
Statement.^ In examining ERJ Media's response, Section 503(b)(2)(E) 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 fully considered ERJ Media's
response in light of these statutory factors, and find that a
reduction of the forfeiture is justified.
4. Section 73.1745(a) of the Rules states that "[n]o broadcast station
shall operate at times, or with modes or power, other than those
specified and made a part of the license, unless otherwise provided in
this part."^ Station WOIR is licensed to operate with 5000 watts
during the day and with 500 watts at night. As reflected in the NAL,
the record evidence showed that, on February 10 and 11, 2012, Station
WOIR was operating its station with daytime power of 5000 watts after
sunset, which was well above its authorized level.^ Since ERJ Media
does not dispute that it violated Section 73.1745(a), we affirm the
findings in the NAL and conclude that ERJ Media willfully and
repeatedly violated Section 73.1745(a) of the Rules by failing to
operate within authorized power limitations.
5. In its response, ERJ Media asks the Bureau to consider reducing the
proposed forfeiture based on its financial circumstances. With regard
to an individual's or entity's inability to pay claim, the Commission
has determined that, in general, gross revenues are the best indicator
of an ability to pay a forfeiture.^ Based on the gross revenue
information reflected in the tax returns provided by ERJ Media, we
find that there is a sufficient basis to reduce the forfeiture.
Accordingly, we reduce the forfeiture from $4,000 to $1,750 based
solely on ERJ Media's inability to pay claim.^
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, ERJ Media, LLC
IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand
seven hundred and fifty dollars ($1,750) for violations of Section
73.1745(a) of the Commission's rules.^
7. 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.^ ERJ Media, LLC shall send electronic
notification of payment to SCR-Response@fcc.gov on the date said
payment is made. 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.
8. Any request for full payment 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, ARINQUIRIES@fcc.gov.
9. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
First Class Mail and Certified Mail, Return Receipt Requested, to ERJ
Media, LLC at 14100 SW 144th Ave., Miami, FL 33186.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
^ 47 C.F.R. S 73.1745(a).
^ ERJ Media, LLC, Notice of Apparent Liability for Forfeiture and Order,
27 FCC Rcd 3291 (Enf. Bur. 2012) (NAL). 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 Carlos Acosta, Treasurer/Director, ERJ Media, LLC, to
Michael Mattern, Resident Agent, Miami Office, South Central Region,
Enforcement Bureau at 1 (Apr. 25, 2012) (on file in
EB-FIELDSCR12-00000697) (NAL Response).
^ See id.
^ 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 73.1745(a).
^ NAL, 27 FCC Rcd at 3292, para. 4.
^ 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).
^ This forfeiture amount falls within the percentage range that the
Commission has previously found acceptable. See id.
^ 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 13-267
Federal Communications Commission DA 13-267