******************************************************** 
                      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, DC 20554


                                                  )                          
                                                                             
                                                  )   EB-06-IH-5641          
     In the Matter of                                                        
                                                  )   Facility ID No. 42685  
     MINISTERIO RADIAL CRISTO VIENE PRONTO,                                  
     INC.                                         )   NAL/Account No.        
                                                      200932080024           
     Licensee of Noncommercial Educational        )                          
     Station WCRP(FM), Guayama, Puerto Rico           FRN 0009422858         
                                                  )                          
                                                                             
                                                  )                          


                                FORFEITURE ORDER

   Adopted: August 25, 2009 Released: August 25, 2009

   By the Acting Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order, we impose a monetary forfeiture of $2,000
       against Ministerio Radial Cristo Viene Pronto, Inc. ("Ministerio" or
       "Licensee"), licensee of noncommercial educational Station WCRP (FM),
       Guayama, Puerto Rico ("Station"), for violating Section 399B of the
       Communications Act of 1934, as amended (the "Act"), and Section
       73.503(d) of the Commission's rules by broadcasting prohibited
       advertisements over the Station.

   I. background

   2. This case arises from a complaint made to the Commission alleging that
   noncommercial educational Station WCRP(FM) broadcast prohibited
   underwriting announcements on or about October 25, 2006. Thereafter, the
   Bureau inquired of the Licensee concerning the allegations contained in
   the complaint. Ministerio responded substantively to the LOI on June 5,
   2007.

   3. On January 16, 2009, the Bureau issued a Notice of Apparent Liability
   for Forfeiture ("NAL"),  finding that the Licensee had apparently violated
   the pertinent statute and Commission rules, and proposing a monetary
   forfeiture of $2,500. On April 30, 2009, Ministerio responded to the NAL.
   In its response, Ministerio urges the Commission to cancel or
   substantially reduce the NAL's proposed forfeiture amount asserting that
   it is unable to pay that amount and that the forfeiture amount should
   reflect its history of compliance with the Commission's rules.

   III. DISCUSSION

   4. In its NAL Response, Ministerio does not dispute the Bureau's NAL
   finding that the two announcements at issue violated the Commission's
   underwriting rules and so we adopt the NAL's apparent conclusion
   concerning those announcements. Instead, Ministerio focuses on the
   proposed forfeiture amount, which was assessed in accordance with Section
   503(b) of the Communications Act, Section 1.80 of the Commission's Rules,
   and the Commission's forfeiture guidelines set forth in its Forfeiture
   Policy Statement. In assessing forfeitures, Section 503(b) of the Act
   requires that we 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
   matters as justice may require.

   5. Ministerio claims that, due to its strained financial condition, it
   cannot satisfy the forfeiture amount and argues that cancellation or at
   least reduction is warranted due to such hardship. In support, Ministerio
   has provided financial documentation for 2006, 2007, and 2008. Ministerio
   also states that it has loans that constrain its ability to pay the
   forfeiture.

   6. The Commission has determined that a licensee's gross revenues are the
   best yardsticks for determining its ability to pay, and that the net
   losses do not, in the absence of other mitigating factors, demonstrate a
   licensee's inability to pay. After reviewing Ministerio's financial
   documentation and in light of its gross revenues, we do not agree with
   Ministerio that cancellation or reduction on the basis of inability to pay
   is appropriate in this case. Upon providing proper documentation, however,
   Ministerio may request an installment payment plan option to lessen the
   immediate impact of the forfeiture.

   7. Ministerio also requests that we consider reducing the forfeiture
   amount based on its overall record of compliance with the Commission's
   rules. We have reviewed our records and find no other violations by the
   Licensee. Under similar circumstances, we have reduced other proposed
   forfeitures, and find that doing so in this case is appropriate. 
   Consequently, we reduce Ministerio's forfeiture amount from $2,500 to
   $2,000.

   IV. ORDERING CLAUSES

   8. ACCORDINGLY, IT IS ORDERED  that, pursuant to Section 503(b) of the
   Communications Act of 1934, as amended (the "Act"), and Section 1.80 of
   the Commission's rules, Ministerio Radial Cristo Viene Pronto, Inc., IS
   LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully and
   repeatedly violating Section 399B of the Act, as amended, and Section
   73.503(d) of the Commission's Rules.

   9. Payment of the forfeiture shall be made in the manner provided for in
   Section 1.80 of the Rules within thirty (30) days of the release of this
   Forfeiture 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/Account No. and FRN No. 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 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 24A (payment type code). Ministerio will also send
   electronic notification on the date said payment is made to
   Hillary.DeNigro@fcc.gov, Ben.Bartolome@fcc.gov, Kenneth.Scheibel@fcc.gov,
   and Anita.Patankar-Stoll@fcc.gov. 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: ARINQUIRIES@fcc.gov with any questions regarding payment
   procedures.

   10. IT IS FURTHER ORDERED that a copy of this Order shall be sent, by
   Certified Mail/Return Receipt Requested, to Ministerio Radial Cristo Viene
   Pronto, Inc., P.O. Box 344, Guayama, Puerto Rico, 00785-0344, and to its
   counsel, Frank R. Jazzo, Esq., and Anne Goodwin Crump, Esq., Fletcher
   Heald & Hildreth, P.L.C., 11th Floor, 1300 North 17th Street, Arlington,
   Virginia 22209.

   FEDERAL COMMUNICATIONS COMMISSION

   Suzanne M. Tetreault

   Acting Chief, Enforcement Bureau

   See 47 U.S.C. S: 399b. Section 399B(b)(2) of the Act prohibits
   noncommercial stations from broadcasting advertisements. See 47 U.S.C. S:
   399b(b)(2).

   See 47 C.F.R. S: 73.503(d) (prohibiting noncommercial educational FM
   broadcasting stations from broadcasting promotional announcements).

   See Ministerio Radial Cristo Viene Pronto, Inc., Notice of Apparent
   Liability for Forfeiture, 24 FCC Rcd 241 (Enf. Bur. 2009) ("NAL"). See NAL
   for a full discussion of the facts.

   See Letter from Benigno E. Bartolome, Deputy Chief, Investigations and
   Hearings Division, Enforcement Bureau, to Ministerio, dated April 20, 2007
   ("LOI").

   See Letter from Frank R. Jazzo, Esq., and Anne Goodwin Crump, Esq., to
   Marlene H. Dortch, Secretary, FCC, dated June 5, 2007 ("Response").

   See NAL, 24 FCC Rcd 241.

   See Ministerio Radial Cristo Viene Pronto, Inc., Response to the Notice of
   Apparent Liability for Forfeiture, filed April 30, 2009 ("Response").

   See id. at 3.

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

   See 47 C.F.R. S: 1.80.

   See The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and
   Order, 12 FCC Rcd 17087 (1997), recons. denied, 15 FCC Rcd 303 (1999)
   ("Forfeiture Policy Statement").

   See 47 U.S.C. S: 503(b)(2)(E).

   See NAL Response at 2.

   See id. & Attachments.

   See id. at 2.

   See PJB Communications of Virginia, Inc., Memorandum Opinion and Order, 7
   FCC Rcd 2088 (1992) ("PJB Communications").

   See Independent Communications Inc., Memorandum Opinion and Order and
   Forfeiture Order, 14 FCC Rcd 9605, 9610 (1999); PJB Communications, 7 FCC
   Rcd at 2089.

   See, e.g., PJB Communications, 7 FCC Rcd at 2089 (forfeiture not deemed
   excessive where it represented approximately 2.02 percent of the
   violator's gross revenues); Local Long Distance, Inc., 16 FCC Rcd 24385,
   24389 (2000), recons. denied, 16 FCC Rcd 10023, 10025 (2001) (forfeiture
   not deemed excessive where it represented approximately 7.9 percent of the
   violator's gross revenues); Hoosier Broadcasting Corporation, 15 FCC Rcd
   8640, 8641 (Enf. Bur. 2002) (forfeiture not deemed excessive where it
   represented approximately 7.6 percent of the violator's gross revenues).
   In this case, the forfeiture represents a smaller percentage of the
   licensee's gross revenues than those involved in the foregoing precedent.

   See id.

   See, e.g., WMGO Broadcasting Corp., Inc., Forfeiture Order, 23 FCC Rcd
   3754 (Enf. Bur., Invest. and Hearings Div. 2008).

   See 47 U.S.C. S: 503(b), 47 C.F.R. S: 1.80.

   See 47 U.S.C. S: 399b; 47 C.F.R. S: 73.503(d).

   See 47 C.F.R. S: 1.80.

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

   Federal Communications Commission DA 09-1832

                                       1