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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Pacific Spanish Network, Inc., ) File No. EB-04-SE-020
Holder of Permit to Transmit or ) NAL/Acct. No. 200432100012
Deliver Programming to Foreign ) FRN # 0006146484
Stations )
FORFEITURE ORDER
Adopted: January 6, 2005 Released: January 10,
2005
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of twenty thousand dollars
($20,000) against Pacific Spanish Network, Inc., (``PSN'') for
providing program material via the Internet to a Mexican AM
broadcast station in willful and repeated substantial violation
of the terms and conditions of its authorization granted pursuant
to Section 325(c) of the Communications Act of 1934, as amended
(the ``Act'').1
2. On July 30, 2004, the Spectrum Enforcement Division
issued a Notice of Apparent Liability for Forfeiture (``NAL'') in
the amount of $20,000 to PSN.2 PSN has not filed a response to
the NAL. Based on the information before us, we affirm this
forfeiture.
3. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act3, and Sections 0.111, 0.311 and 1.80(f)(4) of
the Rules,4 Pacific Spanish Network, Inc. IS LIABLE FOR A
MONETARY FORFEITURE in the amount of twenty thousand dollars
($20,000) for willfully and repeatedly violating the express
terms and conditions of its Section 325(c) permit.
4. 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.5
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/Acct. No. and FRN
No. referenced above. Payment by check or money order may be
mailed to Forfeiture Collection Section, Finance Branch, Federal
Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. Payment by overnight mail may be sent to Bank One/LB
73482, 525 West Monroe, 8th Floor Mailroom, Chicago, IL 60661.
Payment by wire transfer may be made to ABA Number 071000013,
receiving bank Bank One, and account number 1165259. 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. 20554.6
5. IT IS FURTHER ORDERED that a copy of this Forfeiture
Order shall be sent by first class mail and certified mail return
receipt requested to Jaime Bonilla Valdez, President, Pacific
Spanish Network, Inc., 296 H Street, Suite 300, Chula Vista,
California 91910, and to counsel, Henry A. Solomon, Esq., Garvey
Schubert & Barer, 1000 Potomac Street, N.W., Fifth Floor,
Washington, D.C. 20007-3501.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Spectrum Enforcement Division
Enforcement Bureau
_________________________
147 U.S.C. § 325(c).
2 Pacific Spanish Network, Inc., 19 FCC Rcd 14427 (2004).
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
5 47 U.S.C. § 504(a).
6 See 47 C.F.R. § 1.1914.