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                           Before the 
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )       File No. EB-02-SJ-050
Radio X Broadcasting Corporation)    
Bayamon, Puerto Rico            )       NAL/Acct.             No. 
                                )       FRN 0003762150

                        FORFEITURE ORDER

     Adopted:  November 6, 2003              Released:   November 
10, 2003          

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture  in the  amount  of twenty  thousand  dollars 
($20,000), to  Radio X  Broadcasting Corporation  (``Radio  X''), 
licensee of Station  WXLX(FM), Lajas, Puerto  Rico, and owner  of 
antenna structure  number 1043256,  Cabo Rojo,  Puerto Rico,  for 
willful  violation  of  Sections  17.50  and  73.3526(b)  of  the 
Commission's Rules  ("Rules").1   The  noted  violations  involve 
Radio X's failure to  clean and repaint  it antenna structure  to 
maintain good visibility and its failure to maintain the  Station 
WXLX(FM)'s public inspection file at the main studio.

     2.   On September 5, 2002, the Commission's San Juan, Puerto 
Rico Resident Agent Office ("San Juan Office") issued a Notice of 
Apparent Liability  for  Forfeiture  ("NAL")2 in  the  amount  of 
twenty  thousand dollars ($20,000) to  Radio X.  Radio X filed  a 
response on September 19, 2002.  

                         II.  BACKGROUND

     3.   On August 21, 2002, Commission agents from the San Juan 
          Office inspected the WXLX(FM) antenna structure  number 
          1043256  owned  by  Radio  X.   At  the  time  of   the 
          inspection,  the  agents  observed  that  the   antenna 
          structure's  aviation  orange   and  white  paint   was 
          extremely  faded   and  chipped,   which  reduced   the 
          visibility of the structure.  The Commission's  antenna 
          structure  registration  (``ASR'')  database  indicated 
          that the structure is required to be painted.  Also  on 
          August  21,  2002,   Commission  agents  conducted   an 
          inspection of WXLX(FM)'s main studio.  The agents found 
          that the public inspection  file was not available  for 
          inspection.  The operator on duty during the inspection 
          stated that the public inspection file was kept at  the 
          station owner's office in  Bayamon, Puerto Rico,  which 
          is over  100  miles  from  the  city  of  license.   On 
          September 5, 2002, the San Juan Office issued a NAL for 
          the  antenna  structure  and  public  inspection   file 
          violations.  On September 19, 2002, Radio X submitted a 
          response to the NAL.  In its response, Radio X accepted 
          the findings of the San Juan Office regarding both  the 
          condition of the antenna structure and the location  of 
          the public  inspection  file.   Nevertheless,  Radio  X 
          requests substantial reduction  or cancellation of  the 
          forfeiture citing  the immediate  measures it  took  to 
          correct the violations noted in the NAL.  The  response 
          is also accompanied by financial statements.   

                           III. DISCUSSION
          4.   The proposed  forfeiture amount  in this  case  is 
being was  assessed  in accordance  with  Section 503(b)  of  the 
Communications Act of 1934,  as amended (``Act''),3 Section  1.80 
of the Rules,4 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)  (``Forfeiture  Policy  Statement'').    In 
examining Radio X'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 

          5.   Section 17.50 of the  Rules provides that  antenna 
structures requiring painting under the rules shall be cleaned or 
repainted as  often as  necessary  to maintain  good  visibility.  
Antenna structure number 1043256, owned by Radio X, has specified 
lighting and  painting  requirements that  include  painting  the 
structure with alternating  bands of aviation  orange and  white.  
On August 21, 2002,  agents from the  San Juan Office  determined 
that Radio  X's antenna  structure number  1043256 had  extremely 
faded and chipped aviation orange and white paint which  obscured 
the structure's visibility.  Radio X does not dispute the agents' 
finding that  the  antenna structure  needed  to be  cleaned  and 
painted to be sufficiently visible.  Indeed, Radio X acknowledges 
that it was aware that its antenna structure needed to be painted 
and states that it was in  the process of obtaining bids to  have 
it painted, although  it does  not provide  any documentation  to 
support this assertion.  Therefore, we find that its violation of 
Section 17.50 was willful.6        

     6.   Section 73.3526(b) of the Rules requires commercial 
broadcast stations to maintain a public inspection file at the 
main studio of the station.  On August 21, 2002, no public file 
for Station WXLX(FM)  was present during the agents' inspection 
of the main studio.  Radio X does not challenge the agents' 
finding that the public inspection file was not available for 
inspection.  In light of Radio X's conscious decision to move the 
public inspection file to a location other than the main studio, 
we find that its violation of Section 73.3526(b) of the Rules was 
     7.   Radio X does, however, request substantial reduction or 
cancellation of the proposed forfeiture because it took immediate 
measures to remedy the violations noted by the NAL.  We note that 
the Commission has repeatedly stated that remedial actions  taken 
to correct  a violation  are  not mitigating  factors  warranting 
reduction of a forfeiture.7  Finally,  Radio X submits copies  of 
its financial statements for fiscal years 2000 and 2001 for  what 
we perceive  to be  a  claim of  inability  to pay  the  proposed 
forfeiture amount.  To the  extent that the financial  statements 
were submitted in an attempt by Radio X to claim an inability  to 
pay the proposed  forfeiture, we  note that  it supplemented  its 
financial statements  with a  statement indicating  that no  cash 
transactions were effectuated by Radio X during 2001 and 2000 and 
that its parent  company made  ``all payments'' for  it in  those 
years.  We  must  look  to  the  totality  of  the  circumstances 
surrounding Radio X's ability to pay the forfeiture.  The  parent 
company's ability to  pay, therefore, is  relevant in  evaluating 
the subsidiary company's ability to pay the forfeiture.8  Because 
Radio X has not provided sufficient information from which we can 
evaluate the financial condition of  its parent company, we  must 
reject its inability to pay claim.  

     8.   We have examined Radio X'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 Radio X willfully violated Sections 17.50 and 73.3526(b)  of 
the Rules and find that neither cancellation nor reduction of the 
proposed monetary forfeiture is warranted.
                      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,9 Radio X Broadcasting Corporation IS LIABLE FOR A MONETARY 
FORFEITURE in the amount of twenty thousand dollars ($20,000) for 
willfully violating Sections 17.50 and 73.3526(b) 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.10  
Payment shall be made by  mailing a check or similar  instrument, 
payable to the order of the "Federal Communications  Commission," 
to  the  Federal  Communications  Commission,  P.O.  Box   73482, 
Chicago, Illinois 60673-7482.  The payment should note  NAL/Acct. 
No. 200232680008, and FRN 0003762150.  Requests for full  payment 
under an installment plan should  be sent to: Chief, Revenue  and 
Receivables  Group,  445  12th  Street,  S.W.,  Washington,  D.C. 
     11.  IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent by Certified Mail  Return Receipt Requested and by  First 
Class Mail to Radio X Broadcasting Corporation, HC 67 Box  15390, 
Bayamon, Puerto Rico 00956-9535.


                         David H. Solomon
Chief, Enforcement Bureau


  1    47 C.F.R.  17.50 and 73.3526(b).

  2   Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
200232680008 (Enf. Bur., San  Juan Office, released September  5, 

  3   47 U.S.C.  503(b).

  4   47 C.F.R.  1.80.

  5   47 U.S.C.  503(b)(2)(D).

  6    Section 312(f)(1) of the Act, 47 U.S.C.  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,' 
... 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).   

  7   See, e.g., AT&T Wireless Services, Inc., 17 FCC Rcd  21866, 
21871 (2002);  Seawest  Yacht Brokers,  9  FCC Rcd  6099  (1994); 
Station KGVL, Inc., 42 FCC 2d 258, 259 (1973).

  8    See,  e.g., Forfeiture  Policy Statement  at 17158,  para. 

  9    47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  10   47 U.S.C.  504(a).

  11   See 47 C.F.R.  1.1914.