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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       NAL/Acct. No. 200232680008  
                                        )                               
     Bayamon, Puerto Rico                   FRN 0003762150              
                                        )                               


                          MEMORANDUM OPINION AND ORDER

   Adopted: October 10, 2006   Released: October 17, 2006

   By the Commission:

   I. Introduction

    1. By this Memorandum Opinion and Order ("Order"),  we deny the
       Application for Review, filed on October 26, 2004 by Radio X
       Broadcasting Corporation ("Radio X"), licensee of FM Broadcast Station
       WXLX, Lajas, Puerto Rico, and owner of antenna structure number
       1043256, Cabo Rojo, Puerto Rico, of the Enforcement Bureau's
       ("Bureau") Memorandum Opinion and Order ("Bureau Order"), released
       September 28, 2004. In affirming willful violations of Sections 17.50
       and 73.3526(b) of the Commission's Rules ("Rules"), the Bureau Order
       granted in part and denied in part Radio X's Petition for
       Reconsideration of a Bureau Forfeiture Order, and reduced the monetary
       forfeiture from twenty thousand dollars ($20,000) to sixteen thousand
       dollars ($16,000). The noted violations involved Radio X's failure to
       clean or repaint its antenna structure to maintain good visibility and
       its failure to maintain Station WXLX's public inspection file at the
       main studio.

   II. Background

    2. On September 5, 2002, the San Juan, Puerto Rico Field Office ("Field
       Office") issued a Notice of Apparent Liability for Forfeiture ("NAL")
       to Radio X in the amount of $20,000 for the antenna structure and
       public inspection file violations observed during an August 21, 2002
       inspection by Commission agents ("agents") from the Field Office. At
       the time of the inspection, the agents observed that the aviation
       orange and white paint for Radio X's tower was extremely faded and
       chipped, thereby reducing the visibility of the antenna structure, and
       that when inspecting WXLX's main studio, the public inspection file
       was not available for inspection.

    3. On September 19, 2002, Radio X submitted a response to the NAL
       ("Response") which accepted the findings of the Field Office regarding
       both the condition of the antenna structure and the location of the
       public inspection file. Radio X also requested a substantial reduction
       or cancellation of the forfeiture based on the immediate measures it
       took to correct the violations noted in the NAL and due to an
       inability to pay claim. On November 10, 2003, a Forfeiture Order was
       released, wherein Radio X's request was denied by the Bureau. In the
       Forfeiture Order, the Bureau noted that the Commission has repeatedly
       stated that remedial actions taken to correct a violation are not
       mitigating factors warranting reduction of a forfeiture. Additionally,
       based on Radio X's Response that "all payments" during 2001 and 2000
       were made by its parent company, the Forfeiture Order noted that the
       parent company's ability to pay was relevant in evaluating the
       subsidiary company's ability to pay the forfeiture. Because Radio X
       had not provided sufficient information from which the Bureau could
       evaluate the financial condition of its parent company, Radio X's
       inability to pay claim was denied. In issuing the $20,000 forfeiture,
       the Forfeiture Order concluded that Radio X willfully violated
       Sections 17.50 and 73.3526(b) of the Rules and that neither
       cancellation nor reduction of the proposed monetary forfeiture was
       warranted.

    4. In its December 10, 2003 Petition for Reconsideration of the
       Forfeiture Order, Radio X asserted that the Bureau failed to provide
       analysis of the mitigating factors that it presented; that the
       determination as to when a tower requires repainting is "purely
       subjective" with no "bright line test" and is "unconstitutionally
       vague and unenforceable on its face as applied"; that its case is
       "akin to that of Access.1" where a tower forfeiture was reduced due to
       good faith and a history of overall compliance; that it should receive
       a reduction because the violation did not reflect egregious misconduct
       and was neither willful nor intentional and resulted in no substantial
       harm; that it has a history of compliance; and that its inability to
       pay claim should be upheld as its parent company voluntarily made
       payments on its behalf and was not required to do so. The Bureau found
       all but one of these arguments to be without merit. Finding that Radio
       X did possess a history of compliance the Bureau Order reduced the
       $20,000 forfeiture amount to $16,000 and denied the Petition for
       Reconsideration in all other respects.

    5. In its Application for Review, Radio X merely reiterates, largely
       verbatim,  past arguments raised in its Petition for Reconsideration.
       We find that these arguments were fully and correctly addressed by the
       Bureau  Order except to the extent that we take the opportunity to
       further elaborate on issues raised.

   III. discussion

          A. Tower Painting Violation

               1. Background.

    6. Section 303(q) of the Communications Act of 1934, as amended ("Act")
       grants the Commission authority to oversee antenna structure painting
       requirements. Section 303(q) of the Act is codified in Part 17 of the
       Rules. Section 17.50 of the Rules states that antenna structures
       requiring painting must be cleaned or repainted as often as necessary
       to maintain good visibility. The Commission has consistently stressed
       the importance of compliance with antenna structure rules in light of
       air safety concerns. Moreover, the Commission routinely gives its
       field agents deference concerning whether an entity violates these
       Rules.

      1. Discussion.

    7. As an initial matter, we note that in its Response to the NAL, Radio X
       - by way of Robert Davila, its President - accepted all the findings
       of the Field Office pertaining to the tower painting Rule violation.
       However, in subsequent pleadings Radio X challenged those
       determinations.

    8. In its Application for Review, Radio X again contends that the tower
       painting requirements found in Section 17.50 of the Rules are "overly
       vague, completely subjective, and it is unreasonable to assess a
       forfeiture in this instance without prior notice. . ." It further
       suggests that before issuing an NAL the Field Office should advise a
       tower owner of its need to repaint. In addition to the Bureau's
       previous response to these arguments, we emphasize that the tower
       painting specifications are found in Section 17.23 of the Rules. That
       Rule amplifies the general requirements of Section 17.50 of the Rules.
       According to Section 17.23 of the Rules, antenna structures "must"
       conform to the painting requirements referenced in the Federal
       Aviation Administration's ("FAA") Advisory Circular, entitled
       "Obstruction Marking and Lighting." Thus, the requirements are set
       forth and the burden is on the tower owner, not the Field Office, to
       ensure compliance with those requirements.

    9. Radio X further asserts that the tower did not need to be painted "in
       order to maintain visibility because it remained visible" and that no
       tower violation occurred. Radio X avers that the tower is located at a
       "high, extremely visible location and is . . . highly visible to any
       objective analysis." Radio X states that the appropriate visibility in
       this setting is also supported by its assertion that it has received
       no complaints from general aviation interests or the FAA, and that
       Puerto Rico is a tropical location where there is no fog or other
       inclement weather that would obscure the visibility of the tower in
       the daytime. We are not persuaded. Tower visibility is a critical
       issue to air safety. The Commission's standards are not modified by
       the nature of the environment in which the tower is located. Rather,
       the subject Rules must be enforced, consistent with the requirements
       of Section 17.50 of the Rules. In that regard, the tower must be
       painted and lit in accordance with its antenna structure registration
       in order to be considered visible under Section 17.50 of the Rules.

   10. Radio X argues again that because it did not find that the tower
       required repainting in order to maintain visibility, its omission was
       not "willful." We disagree. The issue of whether the violation was
       "willful" was previously fully and correctly discussed and rejected.
       The term "willful," as defined in Section 312(f)(1) of the Act, does
       not require a finding that Radio X intended to violate the Rule.
       Rather, the definition requires a finding of a "conscious and
       deliberate commission or omission of [any] act, irrespective of any
       intent to violate" the law. Radio X chose to delay repainting the
       tower until after it was informed by the agent's inspection of the
       painting violation. As discussed below, Radio X also seeks good faith
       credit for its alleged efforts to arrange for the tower's painting
       prior to the inspection, albeit not for the purpose of complying with
       Section 17.50 of the Rules, but to preserve and protect the antenna
       structure due to the "effects of the tropical sun on the tower paint."
       Yet at the same time, Radio X does not want this very knowledge of the
       need to repaint the subject tower to be attributed to it on the issue
       of willful non-compliance with the Commission's tower painting Rules.
       (Neither Section 17.50 nor 17.23 of the Rules distinguishes between
       the need to repaint due to fading and the need to repaint due to
       fading and/or chipping.) Radio X cannot have it both ways. The fact
       that the tower needed painting prior to the inspection - for whatever
       reason at the time of the inspection - demonstrates that the violation
       was willful.

   11. Radio X asserts that its prompt action to comply with the Commission's
       decision subsequent to the inspection is sufficient for a good faith
       reduction in the forfeiture amount. As the Bureau previously correctly
       noted, a forfeiture reduction for good faith efforts is not warranted
       where the tower owner does not take concrete steps to correct or
       remedy a violation until after a field inspection. Radio X's
       submissions show that it did not take concrete steps to repaint its
       tower until after the inspection on August 21, 2002, despite its
       admitted prior knowledge that repainting was warranted. Radio X claims
       that, prior to the inspection it "was evaluating the alternatives of
       new paint or strobe lighting" and "had solicited bids for each
       option." Radio X provides no evidence of these efforts. In any event,
       we find that such efforts are not sufficient to warrant a reduction.

   12. Radio X again argues that the base forfeiture of ten thousand dollars
       ($10,000) for each violation was "erroneously asserted." Radio X
       submits that the base forfeiture amount of $10,000 applies to a tower
       that is not painted at all, and that "a subjective determination ...
       that the paint was so faded and/or chipped so as to reduce visibility
       is subject to no objective criteria, and is not ... equivalent to a
       failure to comply with painting and lighting requirements."  Radio X
       states further that the violation is "unconstitutionally vague and
       unenforceable on its face and as applied." We disagree. Neither the
       tower painting Rule set forth in Section 17.50 of the Rules, nor the
       forfeiture amount set forth in Section 1.80(b)(4) of the Rules
       distinguishes between a painted or an unpainted antenna structure, and
       in both cases the base forfeiture amount of $10,000 is the starting
       point from which the forfeiture amount is derived. The Commission has
       explained that forfeiture amounts reflect "the degree of harm or
       potential for harm that may arise from the violation." As previously
       discussed, no tower paint violation is minor. The Commission has
       consistently stressed that it expects full compliance with the antenna
       structure rules because of the potential danger to air navigation. The
       agent's observations of the tower were consistent with established
       procedure and he correctly determined, based on his observations and
       experience, that the antenna structure paint was clearly and obviously
       chipped and the paint faded: "[T]he tower's aviation orange and white
       paint was extremely faded and chipped, reducing the visibility of the
       structure." This finding, which establishes noncompliance with the
       requirements of Section 17.50 of the Rules, fully supports the
       forfeiture amount.  The key here is the visibility of the tower per
       our rules, and not whether it had ever been painted (though an
       unpainted tower may form the basis for an upward adjustment of the
       forfeiture amount if such a violation was determined to be egregious
       or intentional). Moreover, we disagree with Radio X's assertion that
       the determination as to when a tower requires repainting is "purely
       subjective" and is "unconstitutionally vague and unenforceable on its
       face as applied." As previously discussed, Sections 17.50 and 17.23 of
       the Rules clearly set forth the tower painting requirements for tower
       owners.

     A. Maintain Public Inspection File at Main Studio

          1. Background.

   13. The main studio and public inspection file rules are rooted in Section
       307(b) of the Act and codified in Part 73 of the Rules. Section
       73.3526(b) of the Rules states that the public inspection file must be
       maintained at the main studio of the station. The Commission has found
       that reasonable access to the public inspection file serves the
       important purpose of facilitating citizen monitoring of a station's
       operations and public interest performance, and fostering community
       involvement with local stations, thus helping to ensure that stations
       are responsive to the needs and interests of their local communities.

      1. Discussion.

   14. We again note that in its Response to the Bureau's NAL, Radio X - by
       way of Robert Davila, its President - accepted all the findings of the
       Field Office pertaining to the public inspection file Rule violation.
       Those facts remain undisputed.

   15. Radio X concedes to the public inspection file Rule violation.
       However, Radio X again seeks a reduction in the forfeiture amount
       because it again claims that no substantial harm was done, the
       violation was minor and the mistake was made in good faith. These
       arguments were fully analyzed and rejected in the Bureau Order. Radio
       X argues that "the forfeiture assessed is the same as if there had
       been no public inspection file at all." In addition to the Bureau's
       previous response to Radio X's arguments concerning the public
       inspection file Rule violation, we note that the instant argument
       parallels Radio X's logic about the forfeiture amount assessed for the
       tower painting violation,  and has the same weakness. Radio X submits
       that the base forfeiture amount of $10,000 applies where there is no
       public inspection file at all, and not where a public inspection file
       exists but is located in the wrong location. Neither the public
       inspection file Rule set forth in Section 73.3526(b) of the Rules nor
       the forfeiture amount set forth in Section 1.80(b)(4) of the Rules
       distinguishes between whether a public inspection file exists or
       whether it is not located in accordance with the Rules. In both cases,
       the base forfeiture amount of $10,000 is the starting point from which
       the forfeiture amount is derived. We emphasize that Radio X's public
       inspection file was not only absent from its main studio, it was also
       located over one hundred miles from the station's transmitter site and
       city of license. Thus, a visitor to the main studio could not have
       examined it, whether or not it existed. As to the nature of the steps
       Radio X took to cure the subject Rule violation subsequent to the
       Field Office inspection, we repeat that remedial actions taken to
       correct a violation after notice by the agency are not mitigating
       factors warranting the reduction of a forfeiture, and affirm the
       Bureau's decision.

     A. Inability to Pay

          1. Background.

   16. In assessing forfeiture amounts, Section 503(b)(2)(D) of the Act and
       Section 1.80(b)(4) of the Rules, require that the Commission take into
       account, among other things, the violator's ability to pay and such
       other matters as justice may require. A successful claim of inability
       to pay requires supporting financial documentation.

      1. Discussion

   17. Radio X again asserts that the forfeiture amount should be reduced
       because of its inability to pay it, and again challenges the Bureau's
       request for financial statements from its parent company (which it did
       not submit). Radio X acknowledges that "as a general principle the
       Commission may look at parent companies as part of the `totality of
       circumstances'," but it believes that "there is in this case no
       obligation of the parent company to make any payments on behalf of
       Radio X, and the Commission cannot by its policies create one." Radio
       X emphasizes that the parent company voluntarily chose to make "all
       payments" for Radio X during the years 2000 and 2001, and asserts that
       the parent company was under no obligation to do so. Consequently,
       Radio X argues that the parent company's balance sheets are not
       relevant as evidence of Radio X's inability to pay the forfeiture
       amount. We disagree with respect to the relevancy of such information.

   18. The Bureau has correctly explained in this matter, and Radio X has
       acknowledged, that when a violator asserts an inability to pay a
       forfeiture amount relative to its financial situation, the Commission
       has the authority to look at the totality of the violator's particular
       financial circumstances in evaluating that claim. In that regard, the
       Commission has looked to potential sources of income available to a
       violator when considering a violator's ability to pay a forfeiture.
       Moreover, where a violator is a subsidiary, "[t]he parent company's
       ability to pay . . . is relevant in evaluating the subsidiary
       company's ability to pay the forfeiture."

   19. In this case, Radio X is a wholly owned subsidiary of RAAD
       Broadcasting Corporation. Radio X submitted financial statements
       indicating that its parent company made "all payments" for it during
       2000 and 2001. In addition, the parent company is apparently obligated
       on debt incurred to finance Radio X's operations. Under these
       circumstances, we cannot fully evaluate Radio X's ability to pay the
       forfeiture, including all of its potential sources of income, without
       evaluating the financial condition of its parent company. In spite of
       the relevance of this information, Radio X has refused to submit its
       parent company's financial documents, arguing that "there is in this
       case no obligation of the parent company to make any payments on
       behalf of Radio X, and the Commission cannot by its policies create
       one." The Commission does not seek, however, to impose any obligation
       on Radio X's parent company. It only seeks to evaluate, in light of
       Radio X's request for a reduction in the forfeiture due its claimed
       inability to pay it, the totality of its financial situation,
       including all of its potential sources of income. In setting an
       appropriate forfeiture amount, we are guided by Congress's stated goal
       of imposing forfeitures that are "sufficiently high to deter
       violations and constitute a meaningful sanction." We note that if a
       corporation could escape meaningful sanctions for violations of the
       Communications Act and our rules simply by setting up an
       undercapitalized subsidiary and funneling money through it to fund its
       operations, it would be in a position to undermine the remedial
       purpose of Section 503 of the Act. Therefore, in the absence of
       financial statements of the parent company, we affirm the Bureau's
       conclusion that we do not have sufficient information from which to
       evaluate Radio X's claim, and must therefore reject its inability to
       pay claim.

   IV. ordering clauses

   20. Accordingly, IT IS ORDERED that, pursuant to Section 1.115 of the
       Rules, the Application for Review filed by Radio X Broadcasting
       Corporation of the Enforcement Bureau's Memorandum Opinion and Order
       for the NAL/Acct. referenced above IS DENIED.

   21. IT IS ALSO ORDERED THAT, pursuant to Section 503(b) of the Act and
       Section 1.80(f)(4) of the Rules, Radio X Broadcasting Corporation IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of $16,000 for
       willfully violating Sections 17.50 and 73.3526(b) of the Rules.

   22. 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: Chief,
       Revenue and Receivables Operations Group, 445 12th Street, S.W.,
       Washington, D.C. 20554.

   23. IT  IS FURTHER ORDERED that  copies 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 and to its counsel, Christopher D. Imlay, Booth,
       Freret, Imlay & Tepper, P.C., 14356 Cape May Road, Silver Spring,
       Maryland 20904-6011.

                       FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

   Application for Review (filed October 26, 2004).

   Radio X Broadcasting Corporation, 19 FCC Rcd 18690 (Enf. Bur. 2004)
   ("Bureau Order").

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

   Petition for Reconsideration (filed December 10, 2003).

   Radio X Broadcasting Corporation, 18 FCC Rcd 23201 (Enf. Bur. 2003)
   ("Forfeiture Order").

   Notice of Apparent Liability for Forfeiture, NAL Acct. No. 200232680008
   (Enf. Bur., San Juan Office, released September 5, 2002) ("NAL").

   The Commission's antenna structure registration database indicates that
   the tower is required to be painted.

   NAL at 1. The operator on duty during the inspection stated that the
   subject file was kept at the station owner's office in Bayamon, Puerto
   Rico, which is over 100 miles from the city of license.

   Forfeiture Order at 23201 (citing AT&T Wireless Services, Inc., 17 FCC Rcd
   21866, 21871 (2002) ("AT&T Wireless"); Seawest Yacht Brokers, 9 FCC Rcd
   6099, 6099 (1994) ("Seawest Yacht Brokers"); Station KGVL, Inc., 42 FCC 2d
   258, 259 (1973)("KGVL").

   Response attachment, "Radio X Broadcasting Corporation Financial
   Statements December 2001 and 2000."

   Forfeiture Order at 23203.

   But see P 3.

   Access.1 Communications Corp.-NY, 18 FCC Rcd 22289 (Enf. Bur. 2003)
   ("Access.1").

   47 U.S.C. S 303(q).

   See SpectraSite Communications,  18 FCC Rcd 22799 (2002) ("SpectraSite")
   (stressing the importance of compliance with antenna structure rules in
   light of air safety considerations); see AT&T Wireless at 21866 (stressing
   the importance of compliance with antenna structure rules in light of air
   safety considerations).

   See Access.1 at 22292 (upholding the field agent's finding of inadequate
   visibility, despite the tower owner's assertion that the tower complied
   with the Rules); William L. Needham and Lucille Needham, 18 FCC Rcd 5521
   (Enf. Bur. 2002) ("Needham") (upholding the field agent's determination
   that the tower's painted bands were not clearly visible, despite tower
   owner's assertion that it had no difficulty discerning the painted bands
   and maintained a painting schedule for the tower).

   Letter from Roberto Davila, President, Radio X Broadcasting Corporation
   WXLX-FM, to Enforcement Bureau-Technical & Public Safety Division (now
   "Spectrum Enforcement Division") (Sept. 13, 2002).

   See Application for Review at 4.

   See Bureau Order at 18692.

   47 C.F.R. S 17.23.

   Radio X's antenna structure registration requires it to comply with FAA
   marking guidelines, chapters 3, 4, 5 and 9. The Advisory Circular explains
   that tower marking:

   . . . is done to warn pilots on a potential collision course with a
   structure of its presence during daylight hours. . . . The chromaticity
   and luminance standards of aviation orange and white paint should conform
   to Federal Standard FED-STD-595. . . . However, all outdoor paints
   deteriorate with time. While it is not practical to give a maintenance
   schedule for all climates, surfaces should be repainted whenever the color
   changes noticeably or its effectiveness is reduced by scaling, oxidation,
   or chipping. An orange color tolerance chart is available upon request . .
   . for determining when repainting is required (emphasis added).

   FAA Paint and Light Advisory Circular, "FAA Standards for Obstruction
   Marking and Lighting," No. 70/7460-1G at i, 5 (1985).

   See Application for Review at 5.

   Id.

   Id. at 5-6.

   Id. at 6.

   See n.15, supra.

   See Bureau Order at 18692; see n.16, supra.

   Application for Review  at 7. Radio X argues that "[W]illfulness exists if
   there is a voluntary act or omission in that a person knew that he was
   doing the act in question as opposed to the act being accidental."

   47 U.S.C. S 312(f)(1).

   Bureau Order at 18693.

   See Application for Review at 6.

   See Cumulus Licensing Corp., 19 FCC Rcd 24815 (Enf. Bur. 2004)  (antenna
   structures that were not painted since the 1950's were found to violate
   Section 17.50 of the Rules; tower owner only began to assess the condition
   of the towers after the inspection), recon. denied, 21 FCC Rcd 1032 (Enf.
   Bur. 2006); Madison Broadcasting, 17 FCC Rcd 16081 (Enf. Bur. 2002) (tower
   painting rules require owners to clean and repaint antenna structures as
   often as necessary to maintain good visibility, and a tower owner which
   fails to take such steps is in willful violation of these Rules).

   See Sutro Corporation, 19 FCC Rcd 15274, 15276 (2004) ("Sutro")
   (Commission affirmed Bureau's determination that correction of a tower
   violation after being notified by Commission staff does not warrant
   mitigation).

   Application for Review at 6.

   Id.

   See AT&T Wireless at 21870 (remedial action to correct tower painting
   violation was not a mitigating factor warranting reduction of forfeiture);
   Seawest Yacht Brokers  at 6099 (corrective action taken to comply with the
   Rules is expected, and does not mitigate any prior forfeitures or
   violations); TCI Cablevision of Maryland, 7 FCC Rcd 6013, 6014 (1992)
   (basing mitigation of a forfeiture upon corrective action taken subsequent
   to the misconduct upon which liability is based would tend to encourage
   remedial rather than preventive action) citing International Broadcast
   Corp., 19 FCC 2d 793, 794 (1969); KGVL at 259 (licensees not excused for
   past violations by reason of subsequent corrective action); cf. A-O
   Broadcasting Corporation, 20 FCC Rcd 756, 761 (2005) ("A-O Broadcasting")
   (because licensee showed good faith by obtaining EAS equipment and
   starting constructing a main studio before the inspection, the forfeiture
   was reduced); Radio One Licenses, Inc., 18 FCC Rcd 15964, 15965 P 4
   (2003), recon. denied, 18 FCC Rcd 25481 (2003) (reducing a forfeiture from
   $9,200 to $8,000 for EAS violations because the licensee had identified
   the problems and had ordered replacement equipment prior to the Field
   Office's on-site inspection).

   Application for Review at 3.

   Id. at 8.

   Id.

   47 C.F.R. S 1.80(b)(4) ("Guidelines for Assessing Forfeitures, Section I
   Base Amounts for Section 503 Forfeitures). The Forfeiture Guidelines
   established a $10,000 forfeiture amount for "Failure to comply with
   prescribed lighting and/or marking."

   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"); see, e.g., Bureau Order at 18693.

   See Bureau Order at 18693 citing to SpectraSite at 7884 (stressing the
   importance of full compliance with antenna structure rules).

   Moreover, Radio X asserts that even if there was a violation in this case,
   "it was at most a `minor' violation." Radio X's argument is misplaced.
   With regard to tower violations, there are none that are minor. To the
   extent that this issue was raised earlier, the argument was fully and
   correctly discussed and rejected. See Bureau Order at 18693.

   See Bureau Order at 18690.

   To the extent that Radio X avers that the instant case is "akin to
   Access.1 Communications,"  the Bureau previously fully and correctly
   discussed and rejected this argument. See, e.g., Bureau Order at 18692.
   Nor, as Radio X argues, is this case comparable to Midwest Tower Partners,
   L.L.C., 18 FCC Rcd 12,921 (2003), where a $10,000 forfeiture was deleted
   because the Bureau determined that there was no evidence that the cables
   obstructed the view of the tower. In the instant case, the Bureau, on
   reconsideration, affirmed its finding that the tower painting did not
   comply with the Rules.

   See 47 C.F.R. S 1.80(b)(4) Note ("Guidelines for Assessing Forfeitures,
   Section I - Base Amounts for Forfeitures"); see also Forfeiture Policy
   Statement, 12 FCC Rcd 17087, 17113-15 (1997), recon. denied, 15 FCC Rcd
   303 (1999).

   47 U.S.C. S 307.

   This Rule was modified in 1998 to provide, among other things, more
   flexibility regarding the location of a radio station's public inspection
   files. Licensees were required to provide ready access to those files.
   Review of the Commission's Rules Regarding the Main Studio Rule and Local
   Public Inspection Files of Broadcast Television and Radio Stations, 13 FCC
   Rcd 15691 (1998).

   Id. at 15700.

   See para. 3, supra.

   Bureau Order at 18694.

   Application for Review at 12.

   Bureau Order at 18693.

   See para. 12, supra.

   Id.

   Application for Review at 12.

   See 47 C.F.R. S 1.80 (b)(4) Note "Guidelines for Assessing Forfeitures,
   Section I - Base Amounts for Forfeitures" see also Forfeiture Policy
   Statement, 12 FCC Rcd 17087, 17113-15 (1997), recon. denied, 15 FCC Rcd
   303 (1999) (establishes a $10,000 forfeiture for violations of the public
   inspection file Rules and the location of those files). Violation of
   public inspection file Rules: See EICB-TV, 19 FCC Rcd 18611, 18611 (Enf.
   Bur. 2004) ($10,000 forfeiture for public inspection file missing required
   items; later reduced by successful showing of inability to pay
   forfeiture); Trade Center Management, Inc., 19 FCC Rcd 6287 (Enf. Bur.
   2004) ($10,000 forfeiture for failure to maintain public inspection file
   where many documents required for public inspection file were kept among
   other files in a cabinet at the main studio; reduced for history of
   overall compliance), recon. denied, 20 FCC Rcd 10884 (Acting Chief, Enf.
   Bur. 2005); Public inspection file location violations: FNX Broadcasting,
   LLC, 19 FCC Rcd 13205, 13207 (Enf. Bur. 2004) ($10,000 forfeiture for
   public inspection file located at corporate office--not main studio;
   reduced for history of overall compliance); B&C Kentucky, LLC, 16 FCC Rcd
   9305, 9310 (Video Serv. Div. 2001) ($10,000 forfeiture for location
   violation of public inspection file located at library--not main studio).

   See n.9, supra.

   Bureau Order at 18692.

   47 C.F.R. S 1.80(b)(4).

   See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 P 8 (1992)
   ("PJB Communications"); see also Forfeiture Policy Statement at 17106-07 P
   43.

   Application for Review at 13.

   Forfeiture Order at 23203 P 7. See also Forfeiture Policy Statement at
   17158 P 113 ("As for forfeitures that a licensee believes it cannot afford
   to pay relative to its financial situation, we must look to the totality
   of the circumstances surrounding the individual case.").

   See e.g. A-O Broadcasting at 761 (financial indicators other than a
   violator's gross revenues are permitted in determining its ability to
   pay); KASA Radio Hogar, 17 FCC Rcd 6256, 6258-59 (2002) (it is appropriate
   to consider other income to determine whether the violator, in general "is
   financially capable of paying a forfeiture, not whether financial data
   from a limited portion of its operations can sustain a forfeiture").

   See Forfeiture Policy Statement at  17158 P 113. See also ACR Electronics,
   19 FCC Rcd 22293, 22303, n.62 (2004) (in determining a proposed forfeiture
   amount, the Commission considered parent company revenue in determining
   the subsidiary's ability to pay a forfeiture), forfeiture ordered, FCC
   06-37 (rel. Mar. 23, 2006); Dobson Cellular Systems, Inc. and American
   Cellular Corporation, FCC 06-48 P 59 (rel. Apr. 18, 2006) (the parent
   company's size and revenues considered by the Commission in determining
   the proposed forfeiture amount for the subsidiaries).

   Ownership Report for Commercial Broadcast Stations, filed by Radio X
   Broadcasting Co., September 27, 1999 (FCC Form 323); Letter from Roberto
   Davila Rodriguez, President, RAAD Broadcasting Corp., to Federal
   Communications Commission (Sept. 27, 2001)(Certification of No Change in
   Ownership).

   See Application for Review at 14.

   Id. at 13.

   S. Rep. No. 580, 95^th Cong. 1^st Sess. 3 (1978), reprinted in 1978
   U.S.C.C.A.N. 109, 111.

   See A-O Broadcasting at 762.

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

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

   47 C.F.R. S 1.1914.

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   Federal Communications Commission FCC 06-151

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   Federal Communications Commission FCC 06-151