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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-SJ-050
Radio X Broadcasting Corp. ) NAL/Acct. No. 200232680008
Licensee of Station WXLX, Lajas, )
Puerto Rico and Owner of Antenna ) FRN 0003762150
Structure #1043256 in Cabo Rojo, )
Bayamon, Puerto Rico
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: September 5, 2002
By the Enforcement Bureau, San Juan Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Radio X Broadcasting Corp., licensee of radio
station WXLX, Lajas, Puerto Rico, and owner of antenna structure
registration #1043256 near Cabo Rojo, Puerto Rico, apparently
liable for a forfeiture in the amount of twenty thousand dollars
($20,000) for willful violation of Section(s) 17.50 and
73.3526(b) of the Commission's Rules (``Rules'').1 Specifically,
we find Radio X Broadcasting Corp. apparently liable for failure
to clean and repaint its antenna structure to maintain good
visibility and for not maintaining the station's public
inspection file at the main studio.
2. On August 21, 2002, agents of the Commission's San Juan
Office inspected the antenna structure bearing FCC antenna
structure registration (``ASR'') number 1043256 and located near
the intersection of Routes 301 and 303, in Cabo Rojo, Puerto
Rico. At the time of inspection, the structure's aviation orange
and white paint was extremely faded and chipped reducing
visibility of the structure. The Commission's ASR database
showed this structure is owned and registered to Radio X
Broadcasting Corp., and that this structure is required to be
3. Still on August 21, 2002, during an inspection of
WXLX's main studio co-located with its transmitter site, the
public inspection file was not available for inspection. The
operator on duty during the inspection stated that the public
inspection file was kept at the station owner's office in
Bayamon, Puerto Rico, over 100 miles from the city of license.
4. Radio X Broadcasting Corp.'s antenna structure
registration #1043256 specifies lighting and painting for this
structure that includes requirements that the structure be
painted with alternating aviation orange and white bands.
Section 17.50 of the Rules requires antenna structure owners to
clean or repaint the structure as necessary to maintain good
visibility. On August 21, 2002, Radio X Broadcasting Corp.'s
antenna structure #1043256 had extremely faded and chipped
aviation orange and white paint.
5. Section 73.3526(b) of the Rules requires that the
station's public inspection file be kept at the main studio
location. On August 21, 2002, during an inspection of WXLX's
main studio co-located with its transmitter site, the public
inspection file was not available for inspection.
6. Based on the evidence before us, we find Radio X
Broadcasting Corp. willfully2 violated Section 17.50 and
73.3526(b) by failing to repaint its antenna structure in
accordance with the painting specifications associated with its
antenna structure registration #1043256 and failing to keep a
public inspection file at its main studio location.
7. Pursuant to Section 1.80(b)(4) of the Rules,3 the base
forfeiture amount for failure to repaint this structure is ten
thousand dollars ($10,000) and for failing to have a public
inspection file at the station's main studio is ten thousand
dollars ($10,000). In assessing the monetary forfeiture amount,
we must also take into account the statutory factors set forth in
Section 503(b)(2)(D) of the Communications Act of 1934, as
amended (``Act''), which include 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.4 Considering the entire record and applying the factors
listed above, this case warrants a $20,000 forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the
Rules,6 Radio X Broadcasting Corp. is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty
thousand dollars ($20,000) for willful violation of Sections
17.50 and 73.3526(b) of the Rules by failing to repaint its
antenna structure in accordance with the painting specifications
associated with its antenna structure #1043256 and failing to
keep a public inspection file at its main studio location..
9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
Radio X Broadcasting Corp. SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
10. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note the
NAL/Acct. No. and FRN referenced above. Requests for payment of
the full amount of this NAL under an installment plan should be
sent to: Chief, Revenue and Receivables Operations Group, 445
12th Street, S.W., Washington, D.C. 20554.7
11. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street SW, Washington DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct.
No. referenced above.
12. The Commission will not consider reducing or canceling
a forfeiture in response to a claim of inability to pay unless
the petitioner submits: (1) federal tax returns for the most
recent three-year period; (2) financial statements prepared
according to generally accepted accounting practices (``GAAP'');
or (3) some other reliable and objective documentation that
accurately reflects the petitioner's current financial status.
Any claim of inability to pay must specifically identify the
basis for the claim by reference to the financial documentation
13. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to Radio X Broadcasting Corp., HC 67 Box 15390, Bayamon, Puerto
FEDERAL COMMUNICATIONS COMMISSION
San Juan Office, Enforcement Bureau
1 47 C.F.R. §§ 17.50 and 73.3526(b).
2 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed under
Section 503(b) of the Act, provides that ``[t]he term `willful',
when used with reference to the commission or omission of any
act, means the conscious and deliberate commission or omission of
such act, irrespective of any intent to violate any provision of
this Act . . . .'' See Southern California Broadcasting Co., 6
FCC Rcd 4387-88 (1991).
3 47 C.F.R. § 1.80(b)(4).
4 47 U.S.C. § 503(b)(2)(D).
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80.
7 See 47 C.F.R. § 1.1914.