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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                           )                               
                                                                           
     In the Matter of                      )                               
                                                                           
     Univision Radio License Corporation   )   File Number EB-09-NY-0185   
                                                                           
     Licensee of WQBU-FM                   )   NAL/Acct. No. 201032380001  
                                                                           
     Garden City, New  York                )   FRN 0004946141              
                                                                           
     Facility ID # 30573                   )                               
                                                                           
                                           )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: October 5, 2009

   By the District Director, New York Office, Northeast Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Univision Radio License Corporation  ("Univision"), licensee of
       commercial station WQBU-FM, Garden City, New York, apparently
       willfully violated Section 73.3526(c)  of the Commission's Rules
       ("Rules") by failing to make available its political file during a
       station inspection.  We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Univision is
       apparently liable for a forfeiture in the amount of four thousand
       dollars ($4,000).

   II. BACKGROUND

    2. On May 13, 2009, an agent from the Commission's New York Office of the
       Enforcement Bureau ("New York Office") requested to inspect station
       WQBU-FM's public inspection file at its main studio in New York, New
       York during normal business hours. Station WQBU-FM was unable to
       locate or make available a Political File. The Chief Operator verified
       that there was no political file available. When contacted by
       telephone later that same day, the station's business manager reported
       that he was sure they had the files and that they would be located.
       The station's business manager did not notify the agent with the
       results of any search conducted.

    3. On June 1, 2009, the New York Office sent a Letter of Inquiry (LOI) to
       Univision asking, among other things, why WQBU was not able to produce
       a political file during the station inspection on May 13, 2009. In its
       response, Univision does not dispute the fact that the material was
       not identified and made available to the FCC agent during the
       inspection on May 13, 2009. Univision states that the volume of
       material in the political file exceeded the capacity of the public
       file cabinet and that the station therefore maintained a set of
       three-ring binders, bearing the label "POLITICAL ADS," above the
       public file cabinet. Relying on a letter issued by the Commission's
       Audio Services Division in 2008, Univision claims that the fact that
       the political file was in a place that was not obvious to the FCC
       agent does not constitute a violation of the Commission's public file
       rules.

   III. DISCUSSION

    4. 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 there under, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) of the Act 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. 

    5. Section 73.3526(a)(2) of the Rules requires every licensee in the
       commercial broadcast services to maintain for public inspection a file
       containing materials listed in that section. Sections 73.3526(b) and
       73.3526(c)(1) of the Rules require that the public inspection file be
       available during regular business hours at the main studio of the
       station. Section 73.3526(e)(6) of the Rules requires all AM and FM
       broadcast stations to place in the public files such records as are
       required by Section 73.1943 to be kept concerning broadcasts by
       candidates for public office. On May 13, 2009, in response to a
       request made during regular business hours at the station's main
       studio, station WQBU-FM was unable to make available a political file.
       Although Univision now reports that the political file was located
       above the public file cabinet, the fact remains that the political
       file was not available for the agent to review during the inspection.
       In support of its claim that there has been no violation of the public
       inspection file rules, Univision erroneously relies on an Audio
       Services Division case involving a station that apparently misfiled
       two years of the political file within the public file itself. In the
       case at issue here, the political files were not even in the public
       file nor was there a note in the public file indicating that the
       political files could be found in binders on top of the cabinet. Based
       on the evidence before us, we find that Univision  apparently
       willfully violated Section 73.3526 of the Rules by failing to make
       available a complete public inspection file.

    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 violation of public inspection file rules
       is $10,000. Because the public inspection file for station WQBU-FM
       contained a portion of the required items a downward adjustment of the
       base amount 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)(E) 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 of
       the Rules, and the statutory factors to the instant case, we conclude
       that Univision  is apparently liable for a  $4,000 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, Univision Radio License
       Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of four  thousand dollars ($4,000) for
       violations of Section 73.3526 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, Univision Radio License
       Corporation 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
       When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to:  Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.  Please contact the Financial Operations Group Help Desk
       at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures. If payment is made, Univision Radio
       License Corporation shall send electronic notification on the date
       said payment is made to NER-Response@fcc.gov.

   10. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, New York  Office,
       201 Varick Street, Suite 1151, New York, NY  10014 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. 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 Univision Radio License Corporation 
       at  its  address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Daniel W. Noel

   District Director

   New York Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 73.3526.

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

   Letter from Peter H. Doyle, Chief, Audio Services Division, to Andrea
   Cano, Oregon Alliance to Reform Media & Bruce Fife, American Federation of
   Musicians, 23 FCC Rcd 1938 (2008) at 3-4.

   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).

   See 47 C.F.R. S:S: 73.3526(b) and (c)(1).

   47 C.F.R. S: 73.3526(e)(6) and 47 C.F.R. S: 73.1943

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

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

   See 47 C.F.R. S: 1.1914.

   Federal Communications Commission

                                       2

   Federal Communications Commission