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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Hispanic Target Media, Inc.
) File Number EB-09-SD-0055
Licensee of FM Broadcast Station
KUKY(FM) ) NAL/Acct. No. 201032940001
Wellton, Arizona ) FRN 0011335098
Facility ID # 162388 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 21, 2009
By the District Director, San Diego District Office, Western Region,
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Hispanic Target Media, Inc. ("HTM"), licensee of station
KUKY(FM), in Wellton, Arizona, apparently willfully and repeatedly
violated Section 73.3526(a), (b), and (c) of the Rules for failing to
maintain a public inspection file, failing to maintain the public
inspection file at the main studio of the station, and failing to make
the KUKY public inspection file available for public inspection during
regular business hours. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), that Hispanic Target
Media, Inc., is apparently liable for a forfeiture in the amount of
ten thousand dollars ($10,000).
2. On September 24, 2009, San Diego agents attempted to conduct a station
inspection of the KUKY(FM) main studio, which is located in Yuma,
Arizona. The agents were greeted by the station's general manager and
began their inspection. The agents requested to view KUKY's public
inspection file, however, the station manager did not understand the
agents' request. The station manager said that KUKY, which began
operations on May 20, 2009, had not maintained a public inspection
file and none was available to be reviewed. When asked why no public
inspection file was maintained, the station manager replied he was not
aware one was required and that one had never been maintained at KUKY.
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. Sections 73.3526(a) and (b) of the Rules requires that all FM
Broadcast stations maintain a public inspection file and that the file
be located at the main studio of the station. Section 73.3526(c) of
the Rules requires that the file be available for public inspection at
any time during regular business hours. On September 24, 2009, the San
Diego agents attempted to inspect the file during regular business
hours, but were unable to access the file. Although station KUKY was
recently constructed and began operations on May 20, 2009, the
licensee holds authorizations or construction permits for seven other
FM Broadcast radio stations, and has one pending application for
another FM Broadcast station with the Commission. As a licensee with
multiple broadcast holdings, HTM is aware of the requirement to
maintain a public inspection file. Therefore, its violation was
willful. Because no public inspection file was ever maintained since
the beginning of KUKY's operations, the violation has occurred on more
than one day, therefore, it was repeated.
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 for violations of the public file rules is $10,000. 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, and the statutory factors to the instant
case, we conclude that HTM is apparently liable for a forfeiture in
the amount of $10,000.
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, Hispanic Target Media, Inc.,
is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of ten thousand dollars ($10,000) for violation of Sections
73.3526(a), (b) and (c) 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, Hispanic Target Media,
Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL
FILE a written statement seeking reduction or cancellation of the
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/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. Hispanic Target Media, Inc.,
will also send electronic notification on the date said payment is
made to WR-Response@fcc.gov.
9. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Western Region, San Diego Office, 4542
Ruffner St. - Suite 370, San Diego, CA 92111 and must include the
NAL/Acct. No. referenced in the caption. An electronic copy shall be
sent to WR-Response@fcc.gov.
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. 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 Target Media, Inc.
FEDERAL COMMUNICATIONS COMMISSION
William R. Zears Jr.
San Diego District Office
47 C.F.R. S: 73.3526(a), (b), and (c).
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) and (b).
47 C.F.R. S: 73.3526(c).
HTM holds licenses for the following FM broadcast stations: KAJP(FM),
Carrizo Springs, TX; KALN(FM), Dexter, NM; KGWT(FM), George West, TX;
KRIK(FM), Refugio, TX; KJJS(FM), Zapata, TX; and WAJP(FM), Perry, FL. HTM
also holds a construction permit for Facility ID No. 162401, Nassawadox,
TX. In addition, HTM was the successful bidder for nine allotments in FCC
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
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 and
73.3526(a), (b) and (c).
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
Federal Communications Commission