Click here for Adobe Acrobat version
Click here for Microsoft Word version


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                        )
Bestov Broadcasting, Inc. of Puerto Rico     )    File No. 
                              )    NAL/Acct. No. 
San Juan, Puerto Rico                   )    FRN: 0003-7810-

                      FORFEITURE ORDER

     Adopted:  November 14, 2002                  Released:  
November 18, 2002

By the Chief, Enforcement Bureau:

                      I.   INTRODUCTION
     1.   In this  Forfeiture Order (``Order''), we  issue a 
monetary  forfeiture  in the  amount  of  $10,000 to  Bestov 
Broadcasting, Inc. of Puerto Rico (``Bestov Broadcasting''), 
licensee of WTIL (AM),  Mayaguez, Puerto Rico, for willfully 
violating   Section   17.51   of  the   Commission's   Rules 
(``Rules'').1    The   noted   violation   involves   Bestov 
Broadcasting's   failure  to   light  WTIL   (AM)'s  antenna 
structure with the prescribed obstruction lighting.

     2.   On  May  29,  2002,  a  Resident  Agent  from  the 
Commission's San  Juan, Puerto  Rico Resident  Office (``San 
Juan Office'') issued a $10,000 Notice of Apparent Liability 
for Forfeiture  (``NAL'') to Mayaguez Radio  Corporation for 
the noted violation.2  On June 28, 2002, Bestov Broadcasting 
filed a response to the NAL.3

                       II.  BACKGROUND

     3.   On April 25, 2002, the Resident Agent inspected an 
antenna   structure  in   Mayagüez,  Puerto   Rico  (Antenna 
Structure  Registration number  1013203) after  sunset.  The 
Resident  Agent   noted  that  the  antenna   structure  was 
completely unlit.  The following day, April 26, the Resident 
Agent inspected WTIL(AM), the  radio station associated with 
the  antenna  structure.   The   station  manager  told  the 
Resident   Agent  that   the  lighting   alarm  system   was 
inoperative and that he did not know whether the lights were 
on the  previous night.  The  Resident Agent found  that the 
station's log contained no light outage entries and that the 
Federal  Aviation  Administration's   local  Flight  Service 
Station had not  received a notice of a light  outage on the 
antenna structure.   As a  result of its  investigation, the 
San Juan Office issued the  above-referenced NAL on June 12, 

     4.   In its  response to  the NAL,  Bestov Broadcasting 
alleges  that the  antenna structure  light outage  resulted 
from ``unwillful negligence'' in  that its staff disregarded 
instructions   for   monitoring  the   antenna   structure's 
lighting.  Its  employees's competence,  Bestov Broadcasting 
continues,  was a  function  of its  poor financial  status.  
Bestov Broadcasting then requests that we cancel the $10,000 
proposed forfeiture  because of  its purported  inability to 
pay that amount and provides as supporting documentation its 
tax returns for the most recent three-year period along with 
audited  financial statements  prepared  in accordance  with 
generally accepted accounting practices.

                      III.  DISCUSSION

     5.   The forfeiture amount in this case was assessed in 
accordance with Section 503(b)  of the Communications Act of 
1934, as  amended, (``Act''),4  Section 1.80 of  the Rules,5 
and  The   Commission's  Forfeiture  Policy   Statement  and 
Amendment of  Section 1.80 of  the Rules to  Incorporate the 
Forfeiture  Guidelines,  12  FCC Rcd  17087  (1997),  recon. 
denied, 15  FCC Rcd  303 (1999) (``Policy  Statement'').  In 
examining Bestov Broadcasting's  response, Section 503(b) of 
the Act requires  that the Commission take  into account the 
nature, circumstances,  extent and gravity of  the violation 
and,   with  respect   to  the   violator,  the   degree  of 
culpability, any history of  prior offenses, ability to pay, 
and other such matters as justice may require.6

     6.   After  reviewing  the  record, we  find  that  the 
Bestov Broadcasting's failure to light its antenna structure 
was  a willful  violation of  Section 17.51  of the  Rules.7  
According to Bestov  Broadcasting, its employees disregarded 
its  instructions  for  monitoring the  antenna  structure's 
lighting.    The   Commission   has  long   held   licensees 
responsible for their employees's actions.8  Thus, we reject 
Bestov Broadcasting's  attempt to  distance itself  from its 
employees's performance of their duties (or lack thereof).

     7.   Turning to Bestov  Broadcasting's inability to pay 
claim, we find that Bestov Broadcasting's documentation does 
not support its claim that it  is unable to pay the proposed 
$10,000  forfeiture.9    Therefore,  we  find   that  Bestov 
Broadcasting  is  not  entitled  to  a  reduction  based  on 
inability to pay. 

     8.   We have examined Bestov Broadcasting's response to 
the  NAL pursuant  to the  statutory factors  above, and  in 
conjunction with the Policy Statement  as well.  As a result 
of  our   review,  we  conclude  that   Bestov  Broadcasting 
willfully violated Section 17.51of the Rules, and we find no 
basis to  rescind or reduce the  $10,000 forfeiture proposed 
for this violation. 

                       IV.  ORDERING CLAUSES

     9.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Section 503(b)  of the Act,  and Sections 0.111,  0.311, and 
1.80(f)(4)  of the  Rules,10  Bestov  Broadcasting, Inc.  IS 
LIABLE FOR  A MONETARY FORFEITURE  in the amount  of $10,000 
for willfully violating Section 17.51 of the Rules.

     10.  Payment  of the  forfeiture shall  be made  in the 
manner provided for  in Section 1.80 of the  Rules within 30 
days of the release of this Order.  If the forfeiture is not 
paid within the  period specified, the case  may be referred 
to  the Department  of  Justice for  collection pursuant  to 
Section 504(a) of the Act.11  Payment may be made by mailing 
a check or  similar instrument, payable to the  order of the 
Federal   Communications  Commission,   to  the   Forfeiture 
Collection Section,  Finance Branch,  Federal Communications 
Commission,  P.O. Box  73482, Chicago,  Illinois 60673-7482.  
The  payment  must  include   the  FCC  Registration  Number 
(``FRN'')  referenced  above,  and   should  also  note  the 
NAL/Acct. No.  referenced above.  Requests for  full payment 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.12

     11.  IT IS  FURTHER ORDERED that  a copy of  this Order 
shall  by sent  by first  class and  certified mail,  return 
receipt  requested,  to  Luis A.  Mejía,  President,  Bestov 
Broadcasting, Inc., P.O. Box  9023916, San Juan, Puerto Rico 


                         David H. Solomon
                         Chief, Enforcement Bureau


1 47 C.F.R. § 17.51.

2  Mayaguez Radio  Corp., NAL/Acct.  No. 200232680005  (Enf. 
Bur., San Juan Resident Agent Office, rel. May 29, 2002).  

3  The   underlying  NAL   was  issued  to   Mayaguez  Radio 
Corporation,  licensee  of WTIL(AM).   Bestov  Broadcasting, 
however, filed a response in which it asserts that it is the 
licensee  of  WTIL(AM).   Our  search  of  the  Commission's 
records indicates  that on  October 2, 1998,  the Commission 
granted consent  to assignment  of the license  for WTIL(AM) 
from Mayaguez Radio Corporation  to Bestov Broadcasting.  As 
of  November  7,  2002, however,  the  Commission's  records 
listed  Mayaguez  Radio  Corporation   as  the  licensee  of 
WTIL(AM).  On  November 8,  2002, Bestov  Broadcasting filed 
notice  with   the  Commission  that  consummation   of  the 
assignment took place on November 11, 1998.  Accordingly, we 
accept  Bestov Broadcasting's  response to  the NAL  and re-
caption this proceeding.
4 47 U.S.C. § 503(b).

5 47 C.F.R. § 1.80.

6 47 U.S.C. § 503(b)(2)(D).

7 Failures to observe  antenna structure lighting, log light 
outages, and  notify the  FAA are separate  violations under 
Part 17.  See §§ 17.47, 17.48, 17.49.

8 Eleven Ten Broadcasting, Corp.,  32 FCC 706, 707-08 (1962) 
(``Inherent in such contention, however,  is the view that a 
licensee  who delegates  to  persons  it deems  responsible, 
authority to  operate and  manage a  station cannot  be held 
responsible for their  activities if it is  unaware of them.  
This is, of course, a completely untenable view. '').

9 See PJB Communications, 7 FCC Rcd 2088 (1992).

10 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

11 47 U.S.C. § 504(a).

12 See 47 C.F.R. § 1.1914.