Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
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
) File Number: EB-05-SJ-010
West Coast Broadcasting
) NAL/Acct. No.:
Licensee of Station WNNV(FM) 200532680004
)
San German, Puerto Rico FRN:0008555625
)
Facility ID # 71565
)
FORFEITURE ORDER
Adopted: September 26, 2006 Released: September 28, 2006
By the Regional Director, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of eight thousand dollars ($8,000) to West Coast
Broadcasting ("West Coast"), licensee of station WNNV(FM) in San
German, PR, for willful and repeated violation of Section 73.1350(a)
of the Commission's Rules ("Rules") and willful violation of Section
73.1560(b) of the Rules. The noted violations involve West Coast's
failure to operate station WNNV(FM) in accordance with the terms of
its station authorization and its failure to maintain the transmitter
output power of its FM station as near as practicable to its
authorized power.
II. BACKGROUND
2. On March 14, 2005, resident agents from the Commission's San Juan
Office of the Enforcement Bureau ("San Juan Office") inspected station
WNNV's transmitter site located at 18-o 04' 08'' N 067-o 02' 54'' W in
Lajas, PR. The agents observed that the station's directional FM
antenna was pointed towards the northeast, about 20 degrees true. The
station's authorization requires that the directional antenna be
pointed in a southwesterly direction, at 202 degrees true. When the
agents asked the station owner about the apparently misaligned
directional antenna, he stated that that's the way the engineer
installed it.
3. Station WNNV is authorized to operate with an effective radiated power
("ERP") of 5,000 watts at the radiated maxima of the antenna's
directional pattern. On March 14, 2005, the agents observed, using the
direct method specified in Section 73.267 of the Rules, that the
station's 8,000 watt transmitter was operating at 100% power or 8,000
watts transmitter power output. Applying the antenna manufacturer's
specifications for the antenna gain and subtracting line losses, the
station's ERP was over 26,000 watts. Thus, station WNNV operated at
over 500% of its authorized power. The station owner stated that the
electric utility that provides electric power to the station does not
provide reliable regulation of the input voltage to the transmitter
facility, causing the transmitter power output to fluctuate. The
agents observed the transmitter for approximately 40 minutes and found
that the power on the direct reading meter fluctuated very little.
There was a 20% reduction in transmitter power, when the station owner
minimized the exciter output into the transmitter. However, the
station owner could at no time during the inspection adjust the
station's transmitter down to its authorized power levels.
4. On June 9, 2005, the station owner faxed a letter dated June 8, 2005
to the San Juan Office, which stated that he had adjusted the output
power of the station to authorized levels. The letter also stated that
he reoriented the FM antenna to an azimuth of 206 degrees true and
would adjust it to 202 degrees true the following Friday.
5. On September 7, 2005, the San Juan Office issued a Notice of Apparent
Liability for Forfeiture to West Coast in the amount of eight thousand
dollars ($8,000) for the apparent willful and repeated violation of
Section 73.1350(a) of the Rules and the apparent willful violation of
Section 73.1560(b) of the Rules. On October 9, 2005, West Coast
submitted a response to the NAL requesting the ability to pay the
forfeiture in installments. West Coast, however, failed to submit its
good faith payment and its request for an installment payment plan was
denied.
III. DISCUSSION
6. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Act, Section 1.80 of the Rules, 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 West Coast'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.
7. Section 73.1350(a) of the Rules states that each licensee is
responsible for maintaining and operating its broadcast station in a
manner which complies with the technical rules set forth elsewhere in
this part and in accordance with the terms of the station
authorization. On March 14, 2005, station WNNV's directional antenna
was installed so that it was pointed northeast, approximately 20
degrees true, which is 180 degrees in the wrong direction from what
is required by its station authorization. The station owner stated
that the antenna had been oriented in this direction since it was
installed. According to the station owner, the station did not correct
this problem until after June 8, 2005.
8. Section 73.1560(b) of the Rules states that the transmitter output
power of an FM station, which is authorized for output power more than
10 watts, must be maintained as near as practicable to the authorized
transmitter output power and may not be less than 90% nor more than
105% of the authorized power. On March 14, 2005, station WNNV operated
at 532% of its authorized power.
9. In its response to the NAL, West Coast did not deny the violations and
requested to pay the forfeiture in installment payments. Based on the
evidence before us, we find that West Coast willfully and repeatedly
violated Section 73.1350(a) of the Rules by failing to operate its
station in accordance with the terms of its station authorization. We
also find that West Coast willfully violated Section 73.1560(b) of the
Rules by failing to maintain the transmitter output power of its FM
station as near as practicable to the authorized power.
10. We have examined West Coast's response to the NAL pursuant to the
statutory factors above, and in conjunction with the Forfeiture Policy
Statement. As a result of our review, we find no basis for
cancellation or reduction of the $8,000 forfeiture proposed for this
violation.
IV. ORDERING CLAUSES
11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
1.80(f)(4) of the Commission's Rules, West Coast Broadcasting IS
LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand
dollars ($8,000) for willfully and repeatedly violating Section
73.1350(a) of the Rules and willfully violating Section 73.1560(b) of
the Rules.
12. 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. Payment of the forfeiture must be made
by check or similar instrument, payable to the order of the Federal
Communications Commission.\001 The payment must include the NAL/Acct.
No. and FRN No. referenced above.\001 Payment by\001check or money
order may be mailed to Federal Communications Commission, P.O.
Box\001358340,\001Pittsburgh, PA 15251-8340.\001 Payment by overnight
mail may be sent to\001Mellon Bank\001/LB\001358340,\001500 Ross
Street, Room 1540670, Pittsburgh, PA 15251.\001\001 Payment by wire
transfer may be made to ABA Number\001043000261, receiving
bank\001Mellon Bank, and account number\001911-6106. Requests for full
payment under an installment plan should be sent to: Associate
Managing Director, Financial Operations, 445 12th Street, S.W., Room
1A625, Washington, D.C. 20554.
13. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class and Certified Mail Return Receipt Requested to West Coast at its
record of address.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
47 C.F.R. SS 73.1350(a), 73.1560(b).
47 C.F.R. S 73.267.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532680004
(Enf. Bur., San Juan Office, September 7, 2005) ("NAL").
47 U.S.C. S 503(b).
47 C.F.R. S 1.80.
47 U.S.C. S 503(b)(2)(D).
47 C.F.R. S 73.1350(a).
47 C.F.R. S 73.1560(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,' ... 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).
The 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 U.S.C. S 312(f)(2).
47 U.S.C. S 504(a).
See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 06-1929
2
Federal Communications Commission DA 06-1929