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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                     )                               
                                                                     
                                     )                               
                                                                     
     In the Matter of                )                               
                                         File Number: EB-10-SD-0018  
     Pacific Spanish Network, Inc.   )                               
                                         NAL/Acct. No: 201132940003  
     Licensee of WQCV596             )                               
                                         FRN: 0012469557             
     Chula Vista, California         )                               
                                                                     
                                     )                               
                                                                     
                                     )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: February 25, 2011 Released: February 25, 2011

   By the Acting District Director, San Diego District Office, Western
   Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Pacific Spanish Network Inc. ("Pacific Spanish"), licensee of
       Fixed Microwave Service radio station, WQCV596, in Chula Vista,
       California, apparently willfully and repeatedly violated section
       1.903(a) of the Commission's rules ("Rules") by operating a microwave
       radio station on a frequency and antenna orientation not authorized by
       its license. We conclude that Pacific Spanish is apparently liable for
       a forfeiture in the amount of six  thousand dollars ($6,000).

   II. BACKGROUND

    2. On February 28, 2010, the Enforcement Bureau's San Diego Office ("San
       Diego Office") received information that an application submitted by
       Pacific Spanish for modification of its Fixed Microwave Service radio
       station license for WQCV596 had been dismissed by the FCC for failing
       to make payment on a delinquent debt. A search of the Commission's
       database revealed that Pacific Spanish filed an application on January
       6, 2010 ("January 2010 Application")  to: (1) change the operating
       frequency from 22473.5 MHz to 21241.5 MHz; (2) change the antenna
       azimuth from 116.2DEG to 161.5DEG; and (3) relocate the endpoint of
       the microwave path in Tijuana, Mexico.

    3. The January 2010 Application was returned by the Commission's Wireless
       Telecommunications Bureau ("WTB") on February 23, 2010. In the
       dismissal letter, WTB cautioned Pacific Spanish that "[i]f you are
       currently operating under authority provided by the Commission's Rules
       based on your submission of the above referenced application, you must
       immediately cease operation until such time as you come into
       compliance with the Rules."

    4. On March 1, 2010, the agents from the San Diego Office traveled to the
       WQCV596 control point, located at 296 H Street, Chula Vista,
       California ("Chula Vista Location") and, using a spectrum analyzer,
       observed the operating parameters of Station WQCV596. The San Diego
       agents found that a signal on 21241.5 MHz was being emitted from their
       microwave antenna, and its antenna was now pointed at an azimuth
       approximately 160DEG atop the building roof, in the manner proposed in
       the January 2010 Application.

    5. On March 2, 2010, agents from the San Diego Office returned to the
       Pacific Spanish's Chula Vista Location and again found the microwave
       radio station active on 21241.5 MHz, and its antenna pointed at an
       azimuth approximately 160DEG atop the building roof.

    6. On March 18, 2010, Pacific Spanish resubmitted its application to
       modify the Station WQCV596 license ("March 2010 Application"). As in
       the January 2010 Application, Pacific Spanish proposed to: (1) change
       the station's operating frequency from 22473.5 MHz to 21241.5 MHz; (2)
       change the antenna azimuth from 116.2DEG to 161.5DEG; and (3) relocate
       the endpoint of the microwave path in Tijuana, Mexico.

    7. On April 9, 2010, agents from the San Diego Office returned to the
       Pacific Spanish's Chula Vista Location and once again found the
       microwave radio station still active on 21241.5 MHz and its antenna
       pointed at an azimuth approximately 160DEG atop the building roof. An
       inspection of the microwave radio station was conducted at this time,
       but station personnel present at the office were unable to answer the
       technical questions asked by the San Diego agent. The agent was
       directed to speak with a Pacific Spanish engineer by telephone. The
       engineer claimed that a license to operate on frequency 21241.5 MHz
       had been issued and a copy would be e-mailed to the FCC's San Diego
       office. Later that day, the San Diego Office received an e-mail
       message from the Pacific Spanish engineer with an attachment
       containing a copy of Pacific Spanish's license for Station WQCV596.
       However, this license was a copy of the original authorization granted
       on June 6, 2005, to operate on frequency 22473.5 MHz. No authorization
       was provided by Pacific Spanish indicating that it was authorized to
       operate Station WQCV596 on 21241.5 MHz at the time of the inspection.

    8. On June 9, 2010, WTB granted the March 2010 Application allowing the
       use of frequency 21241.5 MHz with a reorientation of the antenna to an
       azimuth of 161.5DEG.

   III. DISCUSSION

    9. Section 503(b) of the Communications Act of 1934, as amended,
       ("Communications Act" or "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.

   10. Section 1.903(a) of the Rules requires that stations in the Wireless
       Radio Services must be used and operated only in accordance with the
       rules applicable to their particular service, and with a valid
       authorization granted by the Commission. Pacific Spanish was
       authorized under license WQCV596 to operate on microwave channel
       22473.5 MHz, with an antenna azimuth of 116.1DEG. In addition,
       sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, provides that
       certain applicants for point-to-point microwave stations, not located
       within 56.3 kilometers of any international border, and operating in
       certain frequency bands, are deemed to have conditional authority to
       operate their proposed stations during the pendency of their
       applications. The frequency proposed for use by Pacific Spanish in its
       applications is not contained in the frequency bands specified in Part
       101 of the Rules. Also, Pacific Spanish's proposed station is located
       too close to the U.S. - Mexico border, approximately 10.6 km, to
       authorize operations under conditional licensing. Therefore, Pacific
       Spanish did not have conditional authority to operate on 21241.5 MHz
       or to change the station's authorized antenna azimuth by approximately
       50DEG during the pendency of its application to modify the license for
       Station WQCV596.

   11. As discussed above, on March 1, 2010, March 2, 2010, and April 9,
       2010, measurements made by San Diego agents revealed that Pacific
       Spanish was operating microwave radio station WQCV596 on channel
       21241.5 MHz with an antenna azimuth of approximately 160DEG. A review
       of Commission records indicates that Pacific Spanish had no
       authorization to operate on this frequency and with this antenna
       azimuth. Because Pacific Spanish knowingly operated Station WQCV596 on
       an unauthorized frequency and antenna orientation, we find the
       violation was willful. Because the violation occurred on more than one
       day, it was repeated. Based on the evidence before us, we find that
       Pacific Spanish apparently willfully and repeatedly violated section
       1.903(a) of the Rules by operating on frequency 21241.5 MHz with an
       antenna azimuth of approximately 160DEG, a frequency and antenna
       azimuth not authorized in its license.

   12. Pursuant to the Commission's Forfeiture Policy Statement and section
       1.80 of the Rules, the base forfeiture amount for using an
       unauthorized frequency 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, any history of prior
       offenses, ability to pay, and other such matters as justice may
       require. Consequently, the base forfeiture amount is subject to
       adjustment. Pacific Spanish was aware that it was permitted to operate
       only on the frequency authorized for its microwave station, as
       evidenced by its January 2010 and March 2010 Applications, and the
       warning it received in WTB's February 2010 dismissal letter. Thus, we
       find that an upward adjustment in the forfeiture amount of $2,000 is
       warranted.  Applying the Forfeiture Policy Statement, section 1.80,
       and the statutory factors to the instant case, we conclude that
       Pacific Spanish is apparently liable for a forfeiture of $6,000.

   IV. ORDERING CLAUSES

   13. 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 of the Rules, Pacific Spanish Network, Inc. is hereby NOTIFIED of
       this APPARENT LIABILITY FOR A FORFEITURE in the amount of six thousand
       dollars ($6,000) for violation of section 1.903(a) of the Rules.

   14. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules,
       within thirty (30) days of the release date of this Notice of Apparent
       Liability for Forfeiture, Pacific Spanish Network, Inc., SHALL PAY the
       full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   15. 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 NAL/Account Number and FRN
       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.  Please contact the Financial Operations Group
       Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any
       questions regarding payment procedures. Pacific Spanish Network, Inc.
       shall send electronic notification on the date said payment is made to
       WR-Response@fcc.gov.

   16. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       sections 1.80(f)(3) and 1.16 of the Rules. The written statement must
       be mailed to Federal Communications Commission, Enforcement Bureau,
       Western Region, San Diego Office, 4542 Ruffner Street, Suite 370, San
       Diego, California, 92111, and must include the NAL/Acct. No.
       referenced in the caption. An electronic copy shall also be emailed to
       WR-Response@fcc.gov.

   17. 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.

   18. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by both Certified Mail, Return Receipt
       Requested, and regular mail, to Pacific Spanish Network, Inc., 296 H
       Street, Chula Vista, California, 91910.

   FEDERAL COMMUNICATIONS COMMISSION

   James T. Lyon

   Acting District Director

   San Diego District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.903(a).

   See File No. 0004084152, filed January 6, 2010.

   Notice of Dismissal to Pacific Spanish Networks, Inc., from Federal
   Communications Commission, Wireless Telecommunications Bureau, dated
   February 23, 2010. Pacific Spanish was previously assessed a $10,000
   forfeiture for operating on 22473.5 MHz at the Chula Vista Location during
   2005. Pacific Spanish Network, Inc., 21 FCC Rcd 2073 (EB 2006) ("2006
   Forfeiture Order"). Pacific Spanish paid this forfeiture on March 17,
   2010.

   Id.

   See File No, 0004177603, filed March 18, 2010.

   See id.

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

   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.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. denied, 7 FCC
   Rcd 3454 (1992).

   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: 1.903(a).

   47 C.F.R. S:S: 101.31(b)(1), 101.31(b)(1)(v).

   See 47 C.F.R. S: 101.21. The technical content of applications for Part
   101 users require data concerning transmitter parameters, such as
   frequency, power and modulation emissions as well as antenna information
   such as antenna gain, azimuth and path length.

   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) ("Forfeiture Policy Statement"), recon. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

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

   See 47 C.F.R. S: 1.80(b)(4). See also Call Mobile, Inc., Notice of
   Apparent Liability for Forfeiture, DA 11-8 (Enf. Bur., Spectrum Enf. Div.,
   Rel. Jan. 4, 2011).

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 1.903(a).

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-373

                                       2

   Federal Communications Commission DA 11-373