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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                  )                              
                                                                 
     In the Matter of             )                              
                                                                 
     Hacienda San Eladio, Inc.    )                              
                                       File Number EB-06-SJ-005  
     Licensee of Station WRRE     )                              
                                      NAL/Acct. No.200632680004  
     P.O. Box 1460                )                              
                                                FRN  0008032708  
     Las Piedras, PR 00771-1460   )                              
                                                                 
     Facility ID # 54564          )                              
                                                                 
                                  )                              


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                        Released: May 3, 2006

   By the Resident Agent, San Juan Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Hacienda San Eladio, Inc. ("Hacienda"), licensee of AM  radio
       station WRRE, in Juncos, Puerto Rico, apparently willfully violated
       Section 73.3526 of the Commission's Rules ("Rules") by failing to
       maintain a complete public inspection file and apparently willfully
       and repeatedly violated Section  73.1350(a)  of the Rules by failing
       to operate the station in accordance with the terms of the station
       authorization. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Hacienda is
       apparently liable for a forfeiture in the amount of eleven  thousand
       dollars ($11,000).

   II. BACKGROUND

    2. On February 8, 2006, agents from the Commission's San Juan Office of
       the Enforcement Bureau conducted an inspection of station WRRE located
       in Juncos, Puerto Rico.   The agents  found that the station's public
       file did not contain any radio issues/programs lists. WRRE's station
       authorization requires that the station utilize a two-tower
       directional array during the day and night.  The agents found the
       station operating in non-directional mode. The station's engineer
       stated that the station had been operating in omni-directional mode
       for more than one year. The agents found no evidence that special
       temporary authority had been sought or granted to authorize
       omni-directional operation.

   III. DISCUSSION

    3. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    4. Section 73.1350(a) of the Rules states that each licensee is
       responsible for maintaining and operating its broadcast station in a
       manner which complies with the technical rules set forth elsewhere in
       this part and in accordance with the terms of the station
       authorization. WRRE's station authorization requires that the station
       utilize a two-tower directional array during the day and night.  On
       February 8, 2006, WRRE was operating in non-directional mode. The
       station's engineer stated during the inspection that station WRRE had
       been transmitting with a non-directional pattern for more than a year.

    5. Section 73.3526(a)(2) of the Rules requires commercial broadcast
       stations to maintain for public inspection, a file containing
       materials listed in that section.  Section 73.3526(e)(12) requires
       licensees to place in the public inspection file, for each calendar
       quarter, a list of the programs that have provided the station's most
       significant treatment of community issues during the preceding three
       month period.   Copies of these lists must be maintained in the file
       until final action has been taken on the station's next renewal
       application. On February 8,  2006, the station's public file did not
       contain any radio issues/programs lists.

    6. Based on the evidence before us, we find that Hacienda  apparently
       willfully violated Sections  73.3526 of the Rules by failing to
       maintain a complete public inspection file,  and apparently willfully
       and repeatedly violated Section 73.1350(a) of the Rules by failing to
       operate  its station in accordance with the terms of the station
       authorization.

    7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for failure to maintain directional pattern
       within prescribed parameters is $7,000, and the base forfeiture amount
       for violation of public inspection file rules is $10,000. Because
       station WRRE's public file contained a portion of the required items,
       a downward adjustment of the base forfeiture amount for this violation
       to $4,000 is warranted. 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 Act, which include the nature,
       circumstances, extent, and gravity of the violations, and with respect
       to the violator, the degree of culpability, and history of prior
       offenses, ability to pay, and other such matters as justice may
       require. Applying the Forfeiture Policy Statement, Section 1.80, and
       the statutory factors to the instant case, we conclude that Hacienda
       is apparently liable for a $11,000 forfeiture.

   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, 0.311,
       0.314 and 1.80 of the Commission's Rules, Hacienda San Eladio, Inc.
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of  eleven  thousand dollars ($11,000) for violation of
       Sections  73.1350(a), and 73.3526  of the Rules.

    9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Hacienda San Eladio, Inc.
       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 must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission.  The
       payment must include the NAL/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, San Juan, Room
       762, Hato Rey, PR, 00918 and must include the NAL/Acct. No. referenced
       in the caption.

   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 submitted.

   13. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Hacienda San Eladio, Inc.  at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   William Berry

   Resident Agent

   San Juan Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S 73.3526.

   47 C.F.R. S 73.1350(a).

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

   Section 312(f)(1) of the Act, 47 U.S.C. S 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 or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'repeated', when used with reference to the
   commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 C.F.R. S 73.3526(a)(2).

   47 C.F.R. S 73.3526(e)(12).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.1350(a),
   73.3526.

   See 47 C.F.R. S 1.1914

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission