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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of
)
Hispanic-Multicultural Broadcasting File Number:
Association ) EB-06-TP-169
Licensee of Station WJRN-LP ) NAL/Acct. No.
200732700007
Summerfield, FL )
FRN: 0010330488
Facility ID # 133510 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 23, 2007
By the District Director, Tampa Field Office, South Central Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Hispanic- Multicultural Broadcasting Association ("Hispanic"),
licensee of station WJRN-LP, Summerfield, Florida, apparently
repeatedly violated Section 11.35(a) of the Commission's Rules
("Rules") by failing to install an Emergency Alert System (EAS)
decoder. We conclude, pursuant to Section 503(b) of the Communications
Act of 1934, as amended ("Act"), that Hispanic is apparently liable
for a forfeiture in the amount of eight thousand dollars ($8,000).
II. BACKGROUND
2. On August 30, 2006, agents from the Commission's Tampa Office of the
Enforcement Bureau conducted an inspection of station WJRN-LP at its
main studio in Summerfield, Florida. The agents found the station had
not installed an EAS decoder. At the time of inspection, the station
manager admitted that the station did not have an EAS decoder and
stated he was not aware that the station was required to have one.
III. DISCUSSION
3. Section 503(b) of the Act provides that any person who willfully fails
to comply substantially with the terms and conditions of any license,
or willfully 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 "repeated" means
the commission or omission of such act more than once or for more than
one day.
4. Section 11.35(a) of the Rules requires Broadcast stations to be
responsible for ensuring that ... EAS Decoders ... used as part of the
EAS are installed so that the monitoring and transmitting functions
are available during the times the stations are in operation. Section
11.11(a) of the Rules states that as of January 1, 1997, low power FM
stations are required to have an EAS decoder. During an inspection
when the station was in operation, station WJRN-LP did not have an
installed EAS decoder. Station personnel were not aware at the time
of the inspection that the station was required to have an installed
EAS decoder. There was no evidence that the station had ever installed
an EAS decoder at the station, and the station's license was granted
May 2, 2005.
5. Based on the evidence before us, we find that Hispanic apparently
repeatedly violated Section 11.35(a) of the Rules by failing to
install an EAS decoder.
6. 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 violations of EAS equipment not being
installed or operational is $8,000. 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 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. We conclude the base forfeiture amount of $8,000 is
appropriate. Applying the Forfeiture Policy Statement, Section 1.80,
and the statutory factors to the instant case, we conclude that
Hispanic is apparently liable for a $8,000 forfeiture.
IV. ORDERING CLAUSES
7. 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, Hispanic-Multicultural Broadcasting Association is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount
of eight thousand dollars ($8,000) for violation of Section 11.35(a) of
the Rules.
8. 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, Hispanic-Multicultural
Broadcasting Association SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
9. 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.
10. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Tampa Field
Office, 2203, N. Lois Ave., Suite 1215, Tampa, FL 33607 and must
include the NAL/Acct. No. referenced in the caption.
11. 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.
12. 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.
13. 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 Hispanic- Multicultural Broadcasting
Association at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director
Tampa Office
South Central Region
Enforcement Bureau
47 C.F.R. S 11.35(a).
47 U.S.C. S 503(b).
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 11.35(a).
47 C.F.R. S 11.11(a).
We do not need to address whether this apparent violation was willful,
because we find that the apparent violation was repeated. However, "prior
knowledge or understanding of the law is unnecessary to a determination of
whether a violation existed [and] ... [t]he Commission also does not
consider ignorance of the law a mitigating factor." Profit Enterprises,
Inc., 8 FCC Rcd 2846, 2846 (1993), cancelled on other grounds, 12 FCC Rcd
14999 (1997); see also Southern California Broadcasting Company, 6 FCC Rcd
4387 (1991).
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, 11.35(a).
See 47 C.F.R. S 1.1914.
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Federal Communications Commission
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Federal Communications Commission