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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    
                                             )   NAL/Acct. No. 200832680001  
     San Juan, PR                                                            
                                             )   FRN 0003736220              
     Antenna Structure Registration #                                        
     1026702                                 )                               

                          MEMORANDUM OPINION AND ORDER

   Adopted: March 12, 2008 Released: March 14, 2008

   By the Associate Chief, Enforcement Bureau:


    1. In this Memorandum Opinion and Order ("Order"), we deny in part and
       grant in part the petition for reconsideration filed by International
       Broadcasting Corporation ("IBC"), owner of antenna structure #
       1026702, in Canovanas, Puerto Rico, of the Forfeiture Order issued
       January 9, 2008. The Forfeiture Order imposed a monetary forfeiture in
       the amount of $13,000 for IBC's willful and repeated violation of
       Sections 17.50 and 17.57 of the Commission's Rules ("Rules"). The
       noted violations involved 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.


    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. 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.

    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.
       On January 9, 2008, the Enforcement Bureau ("Bureau") released the
       Forfeiture Order. The Bureau received IBC's petition for
       reconsideration on February 7, 2008, requesting reduction or
       cancellation of the forfeiture.


    5. The 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. In examining IBC's petition, 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 any other such matters as justice may

    6. IBC again requests that the forfeiture for the painting violation be
       reduced or cancelled because of its prompt actions to remedy the
       violation after the agents' inspections in September. IBC reiterates
       that it admitted that the tower needed painting and hired a contractor
       to repaint the tower within a week of the first inspection. IBC also
       states that the antenna structure was repainted as of January 15,
       2008, the date on which it paid the painter for his services, thus
       halting the repeated nature of the violation. IBC, however, raises no
       new arguments that would cause us to reconsider the South Central
       Region's decision. On September 7 and 11, 2007, the paint on the
       antenna structure was extremely faded and washed away. The tower paint
       was in such a condition that IBC should have repainted it before the
       agents' inspection. Thus, its violation was repeated and willful even
       prior to the agents' two inspections in September. Although we
       appreciate IBC's prompt efforts to come into compliance, it is well
       established that corrective action taken to come into compliance with
       the Rules is expected, and does not nullify or mitigate any prior
       forfeitures or violations. IBC provided no evidence that it attempted
       to bring its antenna structure into compliance prior to the agents'

    7. Similarly, we reject IBC request that the forfeiture for its antenna
       structure registration violation be reduced or cancelled. IBC
       reiterates that it had difficulty updating the ownership information
       for its antenna structure because the previous structure owner did not
       have a FCC Registration Number. Moreover, IBC states that it took
       steps to update the ownership information after the inspection.
       However, IBC owned its antenna structure for several years prior to
       the agents' inspection and failed to take any steps to update the ASR
       ownership information. Thus, as with its tower painting violation,
       IBC's violation was willful and repeated even prior to the agents'
       inspection. IBC's prompt contact with the Commission to update its
       information after the agents' inspection was expected and does not
       nullify or mitigate the prior violation.

    8. Finally, we deny IBC's request that the forfeiture be reduced based on
       its voluntary disclosure of its violations and good faith efforts to
       comply with the Rules. IBC did not voluntarily disclose its violations
       prior to a Commission inspection. Rather, IBC provided truthful
       responses to agents from the San Juan Office during the course of an
       inspection. In addition, as discussed in more detail above, although
       IBC took prompt steps to come into compliance after the inspections,
       such actions are not considered grounds to reduce a forfeiture on the
       basis of good faith. IBC also requests for the first time a reduction
       of the forfeiture based on its history of compliance. Based on IBC's
       history of compliance with the Rules, we reduce the forfeiture to


    9. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the
       Communications Act of 1934, as amended, and Section 1.106 of the
       Commission's Rules, International Broadcasting Corporation's petition
       for reconsideration of the January 9, 2008 Forfeiture Order IS hereby

   10. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and
       Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, International
       Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the
       amount of ten thousand four hundred dollars ($10,400) for violation of
       Sections 17.50 and 17.57 of the Rules.

   11. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment[s] by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.   Please contact the Financial Operations
       Group Help Desk at 1-877-480-3201 or Email: with
       any questions regarding payment procedures.

   12. IT IS FURTHER ORDERED that this Order shall be sent by regular mail
       and by 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.


   George R. Dillon

   Associate Chief, Enforcement Bureau

   International Broadcasting Corporation, Forfeiture Order, DA 08-26 (Enf.
   Bur. South Central Region January 9, 2008) ("Forfeiture Order").

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

   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.

   12 FCC Rcd. 17087 (1997), recon. denied, 15 FCC Rcd. 303 (1999).

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

   See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).

   See id.

   47 U.S.C. S: 405.

   47 C.F.R. S: 1.106.

   47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 17.50, 17.57.

   Federal Communications Commission DA 08-562



   Federal Communications Commission DA 08-562