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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
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Federal Communications Commission
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Federal Communications Commission