Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
A Radio Company, Inc. )
File Number EB-06-SJ-032
Licensee of Station WEGA )
NAL/Acct. No.200732680004
P.O. Box 1488 )
FRN 0010555654
Vega Baja, PR 00694 )
Facility ID # 69853 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: November 29, 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 A Radio Company, Inc. ("A Radio"), licensee of AM radio station
WEGA, in Vega Baja, Puerto Rico, apparently willfully violated Section
73.3526 of the Commission's Rules ("Rules") by failing to make
available a complete public inspection file. We conclude, pursuant to
Section 503(b) of the Communications Act of 1934, as amended ("Act"),
that A Radio is apparently liable for a forfeiture in the amount of
eight thousand dollars ($8,000).
II. BACKGROUND
2. On August 22, 2006, in response to a complaint, agents from the
Commission's San Juan Office of the Enforcement Bureau ("San Juan
Office") conducted an inspection of station WEGA located in Vega Baja,
Puerto Rico. The agents requested to inspect the station's public
inspection file during normal business hours. The station manager was
unable to produce any radio Issues/Programs lists after September
2005. The station manager was unaware of the requirement to maintain
Issues/Programs lists in the public file.
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 73.3526(a)(2) of the Rules requires broadcast stations to
maintain for public inspection, a file containing materials listed in
that section. Section 73.3526(c)(1) of the Rules states that the file
shall be available for public inspection at any time during regular
business hours. Section 73.3526(e)(12) of the Rules requires licensees
to place in the public inspection file, for each calendar quarter, a
list of programs that have provided the station's most significant
treatment of community issues during the preceding three month period.
This list is known as the radio Issues/Programs list. On August 22,
2006 in response to a request to inspect the public file during
normal business hours, the station was unable to produce any radio
Issues/Programs lists after September 2005. There was no evidence that
lists after September 2005 were ever maintained in the public file.
Based on the evidence before us, we find that A Radio apparently
willfully violated Section 73.3526 of the Rules by failing to make
available a complete public inspection file.
5. 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 violation of the public file rules is ten
thousand dollars ($10,000). However, because station WEGA'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. On July
25, 2005, agents from the San Juan Office requested to inspect station
WEGA's public file during normal business hours, and the station was
unable to produce any Issues/Programs lists. The station was informed
at that time that its public file did not comply with the Rules. A
Radio was assessed a forfeiture for this violation. Because A Radio
allowed this violation to persist for almost a year after the July
25^th inspection, we find it appropriate to apply an upwards
adjustment to the base forfeiture. Applying the Forfeiture Policy
Statement, Section 1.80, and the statutory factors to the instant
case, we conclude that A Radio is apparently liable for a $8,000
forfeiture.
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, 0.311,
0.314 and 1.80 of the Commission's Rules, A Radio Company, Inc. is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of eight thousand dollars ($8,000) for violation of Section
73.3526 of the Rules.
7. 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, A Radio Company, Inc.
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the proposed
forfeiture.
8. 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.
9. 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.
10. 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.
11. 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.^8
12. 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 A Radio Company, 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 U.S.C. S 503(b).
Station WEGA only produced radio Issues/Programs lists for the period
covering August 19 - September 22, 2005.
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(c)(1).
47 C.F.R. S 73.3526(e)(12).
See 47 C.F.R. S 73.3526(e)(12).
47 U.S.C. S 503(b)(2)(D).
See A Radio Company, Inc., Forfeiture Order, DA 06-2259 (South Central
Region, rel. November 3, 2006).
47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.3526.
^8 See 47 C.F.R. S 1.1914.
(...continued from previous page)
(continued....)
Federal Communications Commission
3
Federal Communications Commission