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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                   )      File Number EB-03-DL-229
Paulino Bernal Evangelism, Inc.    )     NAL/Acct. No.200332500008
Licensee of KBRN(AM) in Boerne,    )                FRN 0005733662
Texas                              )
McAllen, Texas                     )


                                 Released: December 19, 2003

By the Enforcement Bureau, Dallas Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''), we  find  Paulino Bernal  Evangelism, 
Inc. (``PAULINO''), licensee of  radio station KBRN, Boerne, 
Texas, apparently liable  for a forfeiture in  the amount of 
twenty-five thousand dollars ($25,000) for willful violation 
of  Sections 73.1125,  11.35(a),  and  73.3527(c)(1) of  the 
Commission's  Rules  (``Rules'').    Specifically,  we  find 
PAULINO  apparently liable  for failure  to maintain  a main 
studio in the  community of license, failure  to install and 
maintain  operational   Emergency  Alert   System  (``EAS'') 
equipment during the times the station was in operation, and 
failure to make available a public inspection file.

                         II.  BACKGROUND

     2.   On  October  28,  2003   an  agent  from  the  FCC 
Enforcement Bureau's Dallas Field Office (``Dallas Office'') 
attempted  an inspection  of  AM broadcast  station KBRN  in 
Boerne, Texas.  The FCC agent could not locate a KBRN studio 
in Boerne, Texas, the community of license.  The station had 
no  local  or tool-free  telephone  number  top contact  the 
station.  Further  investigation revealed the  only presence 
in Boerne, Texas consisted of an AM radio transmission tower 
and   a  shed   containing   transmitting  equipment.    The 
transmitter shed was located  on private property behind two 
locked fences and inaccessible to the public.  Additionally, 
PAULINO did not  have any paid employee  presence in Boerne, 

     3.   On  October   28,  2003,  Mr.   Gilbert  Martinez, 
technical representative for PAULINO  advised the Dallas FCC 
agent that the  transmitter shed also served  as KBRN's main 
studio. Additionally,  Mr. Martinez stated the  only station 
personnel in Boerne, Texas was Mr. Egar Gutierrez, an unpaid 
volunteer from  a local church. Mr.  Martinez further stated 
that  Mr. Gutierrez  would make  the public  inspection file 
available for review or inspection  for anyone who wished to 
review or inspect it.
     4.   On October  28, 2003, the Dallas  FCC agent phoned 
Mr.  Egar   Gutierrez,  an  unpaid   volunteer  representing 
PAULINO, identified himself as an  agent of the FCC's Dallas 
Office  and  stated  he  wanted  to  inspect  KBRN's  public 
inspection  file. Mr  Gutierrez  provided  access to  KBRN's 
transmitter  shed and  produced transmitter  information and 
technical manuals  as the station's public  inspection file. 
Mr Gutierrez  indicated no  other documentation  for station 
KBRN was available.

     5.   On  October   28,  2003,  the  Dallas   FCC  agent 
inspected the  equipment installed  at the  transmitter site 
for KBRN. The station had  no EAS equipment installed and no 
EAS logs.

                      III.  DISCUSSION

     6.   Section  73.1125   requires  the  licensee   of  a 
broadcast station  to maintain a  main studio at one  of the 
following locations:  (1) within the station's  community of 
license; (2) at any  location within the principal community 
contour of  any AM, FM  or TV broadcast station  licensed to 
the  station's community  of license;  or (3)  within twenty 
five miles from  the reference coordinates of  the center of 
its  community  of license.   In  adopting  the main  studio 
rules, the Commission stated  that the station's main studio 
must have the capability to serve the needs and interests of 
the residents  of the  station's community of  license.1  To 
fulfill this  function, a station, among  other things, must 
maintain  a meaningful  presence  at its  main studio.2  The 
Commission has  defined a minimally  acceptable ``meaningful 
presence''  as  full-time  managerial  and  full-time  staff 
personnel.3   The  licensee need  not  have  the same  staff 
person  and manager  at  the  studio, as  long  as there  is 
management and  staff presence there during  normal business 
hours.4  Although management personnel need not be ``chained 
to  their desks''  during normal  business hours,  they must 
``report  at the  main  studio  on a  daily  basis, spend  a 
substantial amount of time there and ... use the studio as a 
home  base.''5   On  October  28, 2003,  PAULINO  failed  to 
maintain a  main studio in  the community of license  for AM 
broadcast  station  KBRN  or   at  any  of  the  permissible 
locations   discussed   above    (community   of   license). 
Additionally there  was no  managerial or staff  presence in 
the community of license.

     7.   Section 11.35(a)  of the Rules  requires broadcast 
stations, cable  systems, and  wireless cable systems  to be 
responsible for ensuring that EAS Encoders, EAS Decoders and 
Attention Signal generating and  receiving equipment used as 
part of  the EAS  are installed so  that the  monitoring and 
transmitting functions  are available during the  times that 
the stations  and systems are  in operation. On  October 28, 
2003,  PAULINO operated  AM broadcast  station KBRN  without 
installed  and operational  EAS equipment.  Additionally, no 
documentation was evident to indicate EAS equipment had ever 
been operational at  station KBRN or that  the equipment had 
been removed from service for repair6

     8.   Section 73.3527(a)(2) of  the Rules7 requires that 
every permittee or licensee of an  AM, FM, or  TV station in 
the  non  commercial  educational broadcast  services  shall 
maintain a  public inspection file containing  the material, 
relating  to that  station, described  in paragraphs  (e)(1) 
through  (e)(11)  and  paragraph (e)(12)  of  this  section.  
Section  73.3527(b)  of  the   Rules8  requires  the  public 
inspection file be maintained  at the station's main studio.  
Section  73.3527(c)(1) of  the  Rules requires  the file  be 
available for  public inspection at any  time during regular 
business hours.   On October 28, 2003,  no public inspection 
file material was available  for inspection in the community 
of license  during regular  business hours for  AM broadcast 
station KBRN.

     9.   Based on  the evidence before us,  we find PAULINO 
willfully9   violated   Sections  73.1125,   11.35(a),   and 
73.3527(c)(1) of  the Rules, by  failing to maintain  a main 
studio  in the  community  of license,  failing to  maintain 
installed   and  operational   EAS  sending   and  receiving 
equipment, and failing to make available a public inspection 

     10.  Pursuant to Section 1.80(b)(4) of the Rules,10 the 
base forfeiture amount for public inspection file violations 
is $10,000,  for failing  to have installed  and operational 
EAS sending and receiving equipment is $8,000, and violation 
of main  studio rule is  $7,000.  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.11  
Considering  the  entire  record and  applying  the  factors 
listed above, this case warrants a $25,000 forfeiture.

                      IV.  ORDERING CLAUSES

     11.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b) of  the Act,12 and Sections  0.111, 0.311 and 
1.80  of the  Rules,13  Paulino Bernal  Evangelism, Inc.  is 
in the amount of  twenty-five thousand dollars ($25,000) for 
willful  violation   of  Sections  73.1125,   11.35(a),  and 
73.3527(c)(1) of  the Rules for  failing to maintain  a main 
studio in the  community of license, have  EAS Encoders, EAS 
Decoders  and  Attention  Signal  generating  and  receiving 
equipment  installed and  operational, and  failing to  make 
available a public inspection file.

     12.  IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Paulino Bernal Evangelism, Inc. SHALL PAY the full 
amount of  the proposed forfeiture  or SHALL FILE  a written 
statement seeking reduction or  cancellation of the proposed 

     13.  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. 20554.14

     14.  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-
Spectrum Enforcement Division and MUST INCLUDE THE NAL/Acct. 
No. referenced above.  

     15.  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 

     16.  Under the  Small Business Paperwork Relief  Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL  or in  a separate  filing to  be sent  to the  Spectrum 
Enforcement  Division.  Your  certification should  indicate 
whether   you,  including   your  parent   entity  and   its 
subsidiaries, meet one  of the definitions set  forth in the 
list provided by the FCC's Office of Communications Business 
Opportunities  (OCBO)  set forth  in  Attachment  A of  this 
Notice of Apparent Liability.  This information will be used 
for  tracking purposes  only.  Your  response or  failure to 
respond to this question will  have no effect on your rights 
and  responsibilities  pursuant  to Section  503(b)  of  the 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990.

     17.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested  to Paulino Bernal Evangelism,  Inc., P.O. 
Box 252, McAllen, TX. 78505.   


                         James D. Wells
                         Dallas Office, Enforcement Bureau


1 Main Studio and Program Origination Rules, 2 FCC Rcd 3215, 
3217-18 (1987), clarified, 3 FCC Rcd 5024, 5026 (1988).

2 Id.

3 Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 
3616 (1991), clarified, 7 FCC Rcd 6800 (1992).

4 Id., 6 FCC Rcd at 3616 n.2; 7 FCC Rcd at 6800 n.4.

5 Id., 7 FCC Rcd at 6802.

6 EAS tests and activations, failure to receive such test 
and activations, and EAS equipment malfunctions must be 
recorded in the station log. See 47 C.F.R.  11.35(a)-(b), 
11.55(c)(7) and 11.61(b).

7 47 C.F.R.  73.3527(a)(2).

8 47 C.F.R.  73.3527(b).

9 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 

10 47 C.F.R.  1.80(b)(4).

11 47 U.S.C.  503(b)(2)(D).

12 47 U.S.C.  503(b).

13 47 C.F.R.  0.111, 0.311, 1.80.

14 See 47 C.F.R.  1.1914.