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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                                   
     In the Matter of                                                        
                                         )                                   
     Caribevision Station Group,                                             
     L.L.C.                              )   File Number: EB-09-MA-0216      
                                                                             
     Licensee of Station WFUN-LD         )   NAL/Acct. Number: 201032600002  
                                                                             
     Miami, FL                           )   FRN: 0015739246                 
                                                                             
     Facility ID Number: 60542           )                                   
                                                                             
                                         )                                   


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: May 6, 2010 Released: May 10, 2010

   By the Resident Agent, Miami Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Caribevision Station Group, L.L.C. ("Caribevision"), licensee of
       station WFUN-LD, in Miami, FL, apparently willfully and repeatedly
       violated Section 11.35(a) of the Commission's Rules ("Rules") by
       failing to install operational Emergency Alert Systems ("EAS")
       equipment and apparently willfully violated Section 74.735(b)(2)  of
       the Rules by exceeding the maximum effective radiated power ("ERP")
       for a digital low power television ("LPTV") station. We conclude,
       pursuant to Section 503(b) of the Communications Act of 1934, as
       amended ("Act"), that Caribevision is apparently liable for a
       forfeiture in the amount of twelve  thousand dollars ($12,000).

   II. BACKGROUND

    2. On December 18, 2009, the Enforcement Bureau's Miami Office ("Miami
       Office") received a complaint alleging that WFUN-LD was exceeding its
       authorized power as stated on the
       station's license.

    3. On January 7, 2010, agents from the Miami Office, accompanied by the
       station's chief engineer and other station staff, conducted an
       inspection of the main studio of WFUN-LD. The agents observed during
       the course of this inspection that station WFUN-LD did not have an EAS
       decoder. The chief engineer stated that the station had not installed
       an EAS decoder since its main studio moved to the current facility in
       November 2009.

    4. Also on January 7, 2010, the agents, accompanied by the station's
       transmitter technician, conducted an inspection of the transmitter
       site for WFUN-LD. The transmitter power output ("TPO") on the
       station's license was listed at 498 W or .498 kW with an ERP of 15 kW.
       The agents observed that the TPO was set at 3.565 kW, which meant the
       station was transmitting with an ERP of 41 kW. The transmitter
       technician adjusted the TPO to .498 kW at that time, thereby
       demonstrating that the equipment was operational.

    5. On January 8, 2010, an agent from the Miami Office spoke to an
       attorney representing the licensee concerning the transmitter power
       output for WFUN-LD. The attorney stated that the WFUN-LD license was
       incorrect and provided the agent engineering data for the station. The
       engineering data indicated that the station should operate at a TPO of
       1.34 kW to achieve an ERP of 15 kW. Therefore, the station still
       exceeded the maximum ERP of 15 kW when the agents conducted the
       inspection of the transmitter site. Caribevision subsequently applied
       for, and was granted, a modification to its license to reflect the
       correction in TPO from 498 W to 1.34 kW.

   III. DISCUSSION

    6. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) of the Act has
       been interpreted to mean simply that the acts or omissions are
       committed knowingly. The term "repeated"  means the commission or
       omission of such act more than once or for more than one day.

    7. Every broadcast station is part of the nationwide EAS network and is
       categorized as a participating national EAS source unless the station
       affirmatively requests authority to refrain from participation, and
       that request is approved by the Commission. The EAS enables the
       President and state and local governments to provide immediate and
       emergency communications and information to the general public.  State
       and local area plans identify local primary sources responsible for
       coordinating carriage of common emergency messages from sources such
       as the National Weather Service or local emergency management
       officials.  Required monthly and weekly tests originate from EAS Local
       or State Primary sources and must be retransmitted by the
       participating station. As the nation's emergency warning system, the
       Emergency Alert System is critical to public safety, and we recognize
       the vital role that broadcasters play in ensuring its success. The
       Commission takes seriously any violations of the Rules implementing
       the EAS and expects full compliance from its licensees.

    8. Section 11.11(a) of the Rules require digital LPTV stations to have an
       EAS decoder. Section 11.35(a) of the Rules require broadcast stations
       to maintain operational EAS encoders, decoders and attention signal
       generating equipment and receiving equipment so that monitoring and
       transmitting functions are available during times the stations are in
       operation.. During the inspection of WFUN-LD's main studio on January
       7, 2010, agents from the Miami Office observed that the station had
       not installed an EAS decoder. The station's chief engineer stated that
       the station never installed an EAS decoder at its current facility.
       Therefore, we find that Caribevision apparently willfully and
       repeatedly violated Section 11.35(a) of the Rules by failing to
       install an EAS decoder at the station's main studio.

    9. Section 74.735(b)(2) of the Rules states that the maximum ERP of a
       digital low power TV, TV translator, or TV booster station shall not
       exceed 15 kW for UHF channels 14-69. Station WFUN-LD is assigned UHF
       channel 48. According to the station's corrected license, to comply
       with the 15 kW maximum ERP, its TPO may not exceed 1.34 kW. During the
       inspection of WFUN-LD's transmitter site on January 7, 2010, agents
       from the Miami Office observed the TPO of the transmitter to be 3.565
       kW, which means the station was operating with an ERP of approximately
       41kW. The transmitter appeared to be functioning properly, as
       Caribevision was able to reduce the TPO during the inspection.
       Therefore, on January 7, 2010, the station exceeded the maximum TPO
       and maximum ERP. Based on the evidence before us, we find that
       Caribevision apparently willfully violated Section 74.735(b)(2) of the
       Rules by exceeding the maximum ERP for a digital LPTV station.

   10. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for failing to have EAS equipment installed is
       $8,000 and the base forfeiture amount for exceeding power limits is
       $4,000. In assessing the monetary forfeiture amount, we must also take
       into account the statutory factors set forth in Section 503(b)(2)(E)
       of the Act, which include the nature, circumstances, extent, and
       gravity of the violations, and with respect to the violator, the
       degree of culpability, and history of prior offenses, ability to pay,
       and other such matters as justice may require. Applying the Forfeiture
       Policy Statement, Section 1.80 of the Rules, and the statutory factors
       to the instant case, we conclude that Caribevision is apparently
       liable for a $12,000 forfeiture.

   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,
       0.314 and 1.80 of the Commission's Rules, Caribevision Station Group,
       L.L.C. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
       in the amount of twelve  thousand dollars ($12,000) for violations of
       Sections 11.35(a) and 74.735(b)(2) of the Rules.

   12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Caribevision Station
       Group, L.L.C. SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   13. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the 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 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.  20554.8   If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov. If payment is made, Caribevision will send
       electronic notification on the date said payment is made to 
       SCR-Response@fcc.gov.

   14. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Miami Office,
       P.O. Box 520617, Miami, FL 33152 and must include the NAL/Acct. No.
       referenced in the caption.

   15. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Caribevision Station Group, L.L.C. at
       its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Michael Mattern

   Resident Agent

   Miami Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 11.35(a), 74.735(b)(2).

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

   This estimate utilizes engineering data provided by the licensee, an
   antenna gain of 13.75 dBd, and a line efficiency of 47.28%.

   See Station Authorization for WFUN-LP, BLDTL-20090615ADJ.

   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', when used with reference to the
   commission or omission of any act, 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).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he 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 C.F.R. S:S: 11.11, 11.41.

   47 C.F.R. S:S: 11.1, 11.21.

   47 C.F.R. S: 11.18.  State EAS plans contain guidelines that must be
   followed by broadcast and cable personnel, emergency officials and
   National Weather Service personnel to activate the EAS for state and local
   emergency alerts.  The state plans include the EAS header codes and
   messages to be transmitted by the primary state, local and relay EAS
   sources.

   47 C.F.R. S: 11.11(a).

   47 C.F.R. S: 11.35(a).

   47 C.F.R. S: 74.735(b)(2).

   See Station Authorization for WFUN-LP, BLDTL-20090615ADJ.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

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

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 11.35(a),
   74.735(b)(2).

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 10-782

                                       2

   Federal Communications Commission DA 10-782