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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
EL MUNDO BROADCASTING ) NAL/Acct. No. 200132080002
CORPORATION ) Facility Nos. 19099, 9352
)
Licensee of Stations WKAQ(AM), )
San Juan, PR )
and WUKQ(AM), Ponce, PR
FORFEITURE ORDER
Adopted: February 16, 2001 Released:
February 20, 2001
By the Chief, Enforcement Bureau:
1. In this Order, we impose a forfeiture of $4,000 on
El Mundo Broadcasting Corporation (``El Mundo'') for
violating Section 73.1206 of the Commission's rules1 by
recording and broadcasting a telephone conversation on two
occasions on one station without first informing the party
to the conversation of its intention to do so.
2. On October 24, 2000, we issued a Notice of
Apparent Liability (``NAL'') for $6,000, based on El Mundo's
prior indication in response to a staff inquiry that the
complained of May 8, 2000, telephone conversation was aired
on both WKAQ(AM) and WUKQ(AM). On this point, El Mundo
explains that it accepted the complainant's contentions
without examination. In response to the NAL, El Mundo
asserts that it answered the staff's inquiry erroneously,
failing to realize that, at the time of the broadcast, it
did not yet own WUKQ(AM), which it did not acquire until May
10, 2000. El Mundo further asserts that WUKQ(AM)'s prior
owner, Pontifical Catholic University of Puerto Rico, did
not air any programming from El Mundo on May 8, 2000. El
Mundo argues that since the NAL specifically compounded the
forfeiture amount based on the fact that it broadcast the
prohibited telephone conversation on more than one of its
stations, a reduction is warranted because it broadcast the
conversation on only one station. We agree, and impose a
forfeiture for the base amount of $4,000. 2
3. Accordingly, IT IS ORDERED, that El Mundo's
``petition for reconsideration'' filed November 22, 2000, IS
GRANTED to the extent that we approve a reduction of the
proposed forfeiture amount from $6,000 to $4,000.
4. IT IS FURTHER ORDERED, pursuant to Section 503(b)
of the Communications Act of 1934, as amended,3 and Sections
0.111, 0.311 and 1.80 of the Commission's rules,4 El Mundo
Broadcasting Corporation, licensee of Stations WKAQ(AM), San
Juan, PR, and WUKQ(AM), Ponce, PR, shall FORFEIT to the
United States the sum of Four Thousand Dollars ($4,000.00),
for willfully and repeatedly violating Section 73.1206 of
the Commission's rules.
5. IT IS FURTHER ORDERED that a copy of this
Forfeiture Order shall be sent by Certified Mail - Return
Receipt Requested, to J. Richard Carr, Esq., 5528 Trent
Street, Chevy Chase, Maryland 20815.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 73.1206.
2 47 C.F.R. § 1.80(b)(4); Forfeiture Policy Statement, 12
FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, and 1.80.