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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Hacienda San Eladio, Inc. )
File Number EB-06-SJ-005
Licensee of Station WRRE )
NAL/Acct. No.200632680004
P.O. Box 1460 )
FRN 0008032708
Las Piedras, PR 00771-1460 )
Facility ID # 54564 )
)
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 eight hundred dollars ($8,800) to
Hacienda San Eladio, Inc. ("Hacienda"), licensee of station WRRE in
Juncos, Puerto Rico, for willful and repeated violation of Sections
73.1350(a) and 73.3526 of the Commission's Rules ("Rules"). The noted
violations involve Hacienda's failure to operate its station in
accordance with the terms of its station authorization and its failure
to maintain a complete public inspection file.
II. BACKGROUND
2. On February 8, 2006, agents from the Commission's San Juan Office of
the Enforcement Bureau ("San Juan Office") conducted an inspection of
station WRRE located in Juncos, Puerto Rico. The agents found that the
station's public file did not contain any radio issues/programs lists.
WRRE's station authorization requires that the station utilize a
two-tower directional array during the day and night. The agents found
the station operating in non-directional mode. The station's engineer
stated that the station had been operating in omni-directional mode
for more than one year. The agents found no evidence that special
temporary authority had been sought or granted to authorize
omni-directional operation.
3. On May 3, 2006, the Resident Agent of the San Juan Office issued a
Notice of Apparent Liability for Forfeiture ("NAL") in the amount of
$11,000 to Hacienda. Hacienda filed a response to the NAL dated June
1, 2006.
III. DISCUSSION
4. 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. In examining
Hacienda'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.
5. 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. WRRE's station authorization requires that the station
utilize a two-tower directional array during the day and night. On
February 8, 2006, WRRE was operating in non-directional mode. The
station's engineer stated during the inspection that station WRRE had
been transmitting with a non-directional pattern for more than a year.
6. Section 73.3526(a)(2) of the Rules requires commercial broadcast
stations to maintain for public inspection, a file containing
materials listed in that section. Section 73.3526(e)(12) requires
licensees to place in the public inspection file, for each calendar
quarter, a list of the programs that have provided the station's most
significant treatment of community issues during the preceding three
month period. Copies of these lists must be maintained in the file
until final action has been taken on the station's next renewal
application. On February 8, 2006, in response to a request to inspect
the station's public file, the station could not produce any radio
issues/programs lists.
7. In its response to the NAL, Hacienda does not deny that the violations
occurred. Based on the evidence before us, we find that Hacienda
willfully and repeatedly violated Sections 73.1350(a) and 73.3526 of
the Rules by failing to operate its station in accordance with the
terms of the station authorization and failing to maintain a complete
public inspection file for public inspection.
8. In its response to the NAL, Hacienda requests that the forfeiture be
cancelled or reduced based on its efforts to comply with the Rules and
its overall history of compliance with the Rules. Hacienda argues that
following the inspection it promptly hired an engineer to inspect its
equipment and applied for special temporary authority to operate.
Hacienda also asserts that it has taken steps to ensure its public
file is complete. Corrective action taken to come into compliance with
the Rules and cooperation with agents is expected, and does not
nullify or mitigate any prior forfeitures or violations. However, we
have reviewed Hacienda's record and conclude a reduction of the
forfeiture to $8,800 based on history of compliance is appropriate.
9. We have examined Hacienda's response to the NAL pursuant to the
statutory factors above, and in conjunction with the Forfeiture Policy
Statement. We find no basis for cancellation of the forfeiture, but do
find that reduction of the forfeiture amount from $11,000 to $8,800
based on Hacienda's history of compliance is appropriate.
IV. ORDERING CLAUSES
10. 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, Hacienda San Eladio, Inc. IS
LIABLE FOR A MONETARY FORFEITURE in the amount of $8,800 for violation
of Sections 73.1350(a) and 73.3526 of the Rules.
11. 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. The payment must include the NAL/Acct. No.
and FRN No. referenced above. Payment by check or money order may be
mailed to Federal Communications Commission, P.O.
Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may
be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
Number 043000261, receiving bank Mellon Bank, and account
number 911-6106. 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.
12. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to Hacienda San
Eladio, Inc. at its address of record; and an additional copy to
Hacienda's legal counsel, Frank R. Montero, Fletcher, Heald &
Hildreth, PLC, 1300 North 17^th St., 11^th Floor, Arlington, VA 22209.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
47 C.F.R. SS 73.1350(a), 73.3526.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200632680004
(Enf. Bur., San Juan Office, released May 3, 2006).
47 U.S.C. S 503(b).
47 C.F.R. S 1.80.
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
Policy Statement").
47 U.S.C. S 503(b)(2)(D).
47 C.F.R. S 73.3526(a)(2).
47 C.F.R. S 73.3526(e)(12).
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).
See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).
47 U.S.C. S 503(b).
47 C.F.R. SS 0.111, 0.311, 1.80(f)(4).
47 U.S.C. S 504(a).
See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 06-1930
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Federal Communications Commission DA 06-1930