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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554


                                             )                               
                                                                             
                                             )                               
     In the Matter of                                                        
                                             )                               
     International Broadcasting                  File Number EB-07-SJ-068    
     Corporation                             )                               
                                                 NAL/Acct. No. 200832680001  
     San Juan, PR                            )                               
                                                 FRN 0003736220              
     Antenna Structure Registration #        )                               
     1026702                                                                 
                                             )                               
                                                                             
                                             )                               


                                FORFEITURE ORDER

   Adopted:  January 7, 2008  Released:  January 9, 2008

   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 thirteen thousand dollars ($13,000) to International
       Broadcasting Corporation ("IBC"), owner of antenna structure #
       1026702, in Canovanas, Puerto Rico, for willful and repeated violation
       of Sections 17.50 and 17.57 of the Commission's Rules ("Rules").  The
       noted violations involve IBC's failure to paint its antenna structure
       to maintain good visibility, and failure to notify the Commission of a
       change in antenna structure ownership.

   II. BACKGROUND

    2. On September 7 and 11, 2007 agents from the Commission's San Juan
       Office of the Enforcement Bureau ("San Juan Office") inspected IBC's
       antenna structure and noted that the tower's paint was extremely faded
       and washed away in most areas. Antenna structure # 1026702 is more
       than 200 feet in height and requires painting and lighting. The agents
       consulted the Commission's Antenna Structure Registration ("ASR")
       database and noted that "Del Pueblo Radio Corporation" was listed as
       the owner of antenna structure # 1026702. After the owner stated that
       IBC acquired the tower in 2003, the agents informed him that he must
       update the structure's ownership information in the ASR database. On
       both days, the agents also warned IBC's owner that the structure
       needed to be repainted. IBC's owner acknowledged that the structure
       needed painting and did not say when it had last been painted.

    3. On October 25, 2007, agents from the San Juan Office again observed
       antenna structure # 1026702 and found that its paint was still
       extremely faded and washed away in most areas. On November 1, 2007,
       Del Pueblo Radio Corporation was still listed as the owner of the
       structure in the ASR database.

    4. On November 13, 2007, the San Juan Office issued a Notice of Apparent
       Liability for Forfeiture to IBC in the amount of thirteen thousand
       dollars ($13,000) for the apparent willful and repeated violation of
       Sections 17.50 and 17.57 of the Rules. IBC submitted a response to the
       NAL requesting a reduction or cancellation of the proposed forfeiture.

   III. DISCUSSION

    5. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Communications Act of 1934, as amended
       ("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 IBC'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.

    6. Section 17.50 of the Rules requires that antenna structures requiring
       painting shall be cleaned or repainted as often as necessary to
       maintain good visibility. Antenna structure # 1026702 is more than 200
       feet in height and is required to be painted. On September 7 and 11,
       and October 25, 2007, an inspection of IBC's antenna structure
       revealed that the paint on the tower had washed away on most of the
       tower, leaving the metal exposed and reducing the tower's visibility.
       The paint's condition was so deteriorated that it had to have occurred
       over more than one day. IBC was warned on September 7 and 11, 2007
       that its structure needed to be repainted. Thus, based on the
       evidence, we find that IBC willfully and repeatedly violated Section
       17.50 of the Rules by failing to paint its antenna structure to
       maintain good visibility.

    7. In its response to the NAL, IBC requests cancellation or reduction of
       the proposed forfeiture because weather prevented it from painting its
       antenna structure. It asserts that a contractor is now prepared to
       paint the structure as soon as weather permits. IBC's response did not
       provide a date for when it first attempted to contact a painter about
       the structure, but the attached documentation states that it hired a
       painter on September 15, 2007, a date after the first two inspections.
       Moreover, contemporaneous with the first two inspections, IBC failed
       to mention that it had already taken steps to have the structure
       painted. Absent reliable evidence that IBC attempted to have its
       structure painted prior to the agents' inspections, we find no grounds
       to cancel or reduce the forfeiture, as corrective action taken to come
       into compliance with the Rules is expected, and does not nullify or
       mitigate any prior forfeitures or violations.

    8. Section 17.57 of the Rules requires that the owner of an antenna
       structure for which an ASR number has been obtained must immediately
       notify the Commission using FCC Form 854 upon any change in structure
       height or change in ownership information. On September 7 and 11, and
       November 1, 2007, Del Pueblo Radio Corporation was listed as the owner
       of antenna structure # 1026702 in the ASR database. IBC's owner
       admitted that it acquired the structure in 2003. IBC was warned on
       September 7 and 11, 2007 that it must update the structure ownership
       information. Thus, based on the evidence, we find that IBC willfully
       and repeatedly violated Section 17.57 of the Rules by failing to
       notify the Commission of a change in antenna structure ownership.

    9. In its response to the NAL, IBC claims that it was unable to register
       its antenna structure because the previous structure owner did not
       have a valid FCC Registration Number ("FRN"). IBC states that it could
       not obtain an FRN on behalf of the previous owner, as that would be
       akin to "theft." Without a valid FRN for the previous owner, IBC
       asserts it was unable to update the ownership information. After
       discussing the situation with Commission staff, it was determined that
       an FRN for the now defunct previous owner could be created using an
       "Exempt Activities" category, thus allowing IBC to update the
       ownership information. Because of the difficulties involved with
       updating the ownership information, IBC requests cancellation or
       reduction of the proposed forfeiture. However, IBC's response did not
       provide a date for its first attempt to update the structure ownership
       information, and the attached documentation states that it first
       contacted someone about updating the tower ownership information on
       September 19, 2007, a date after the first two inspections and several
       years after it acquired the structure. Moreover, contemporaneous with
       the first two inspections, IBC failed to mention that it had
       previously attempted to update the structure ownership information.
       Absent reliable evidence that IBC attempted to update its ownership
       information prior to the agents' inspections, we find no grounds to
       cancel or reduce the forfeiture, as corrective action taken to come
       into compliance with the Rules is expected, and does not nullify or
       mitigate any prior forfeitures or violations. 

   10. We have examined IBC'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 conclude that IBC willfully
       and repeatedly violated Sections 17.50 and 17.57 of the Rules. We find
       no basis for cancellation or reduction of the $13,000 forfeiture
       proposed for these violations.

   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, International Broadcasting
       Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of
       thirteen thousand dollars ($13,000) for violation of Sections 17.50
       and 17.57 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.  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.

   13. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail Return Receipt Requested to International
       Broadcasting Corporation at its address of record and to its counsel,
       Richard F. Swift, Irwin, Campbell & Tannenwald, 1730 Rhode Island
       Avenue NW, Suite 200, Washington DC, 20036-3101.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 17.50, 17.57.

   See 47 C.F.R. S: 17.21.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832680001
   (Enf. Bur., San Juan Office, November 13, 2007) ("NAL").

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

   47 C.F.R. S: 1.80.

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

   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. S:S: 0.111, 0.311, 1.80(f)(4), 17.50,
   17.57.

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

   See 47 C.F.R. S: 1.1914.

   Federal Communications Commission DA 08-26

   2

   Federal Communications Commission DA 08-26