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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                                
                                                                 
     In the Matter of           )                                
                                                                 
     A Radio Company, Inc.      )   File No.: EB-10-SJ-0054      
                                                                 
     Licensee of Station WEGA   )   NAL/Acct. No.: 201132680002  
                                                                 
     Vega Baja, PR 00694        )   FRN: 0010555654              
                                                                 
     Facility ID # 69853        )                                
                                                                 
                                )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: May 12, 2011 Released: May 12, 2011

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that A Radio Company, Inc. ("A Radio"), licensee of AM radio Station
       WEGA in Vega Baja, Puerto Rico, apparently willfully and repeatedly
       violated an Enforcement Bureau ("Bureau") order  by failing to comply
       with the terms of the Order and Consent Decree entered into between
       the Bureau and A Radio. Based on our review of the facts and
       circumstances of this case, we conclude that A Radio is apparently
       liable for a forfeiture in the amount of twenty-five  thousand dollars
       ($25,000).

   II. BACKGROUND

    2. On May 12, 2008, the Bureau adopted an Order and Consent Decree that
       terminated a Bureau investigation of possible violations by A Radio of
       sections 73.49, 73.1350(a), and 73.3526 of the Commission's rules
       ("Rules") regarding antenna tower fencing, public inspection file
       requirements, and operating with an unauthorized antenna pattern.
       Among other terms in the Order and Consent Decree, A Radio agreed to
       make a voluntary contribution to the U.S. Treasury in the amount of
       eight thousand dollars ($8,000) by June 14, 2008. A Radio also agreed
       to submit a Compliance Report certifying compliance with all terms of
       the Consent Decree by May 14, 2010.

    3. In response to a letter of inquiry issued by the Bureau's San Juan
       Office on April 16, 2010, A Radio admitted that it was required to
       make an $8,000 voluntary contribution pursuant to the terms of the
       Order and Consent Decree and stated that the "original check for
       $8,000 was not cleared by

   Western Bank because of insufficient funds." According to the Commission's
   records, as of May 10, 2011, A Radio has not submitted its $8,000
   voluntary contribution to the U.S. Treasury. Similarly, as of May 10,
   2011, A Radio has not submitted its Compliance Report.

   III. DISCUSSION

    4. 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. Section 312(f)(1) of the Act defines willful as the
       "conscious and deliberate commission or omission of [any] act,
       irrespective of any intent to violate" the law. The legislative
       history to section 312(f)(1) of the Act clarifies that this definition
       of willful applies to both section 312 and 503(b) of the Act and the
       Commission has so interpreted the term in the section 503(b) context. 
       The Commission may also assess a forfeiture for violations that are
       merely repeated, and not willful.  The term "repeated" means the
       commission or omission of such act more than once or for more than one
       day.

    5. Under the terms of the negotiated Order and Consent Decree, A Radio
       agreed to make a voluntary contribution in the amount of $8,000 to the
       U.S. Treasury by June 14, 2008 and submit a Compliance Report by May
       14, 2010. As of May 10, 2011, A Radio has not submitted payment of the
       voluntary contribution or its Compliance Report. Based on the facts
       and circumstances described above, we find that A Radio apparently
       willfully and repeatedly violated a Bureau order by failing to comply
       with the terms of the Order and Consent Decree entered into between
       the Bureau and A Radio and issued pursuant to sections 4(i) and 503(b)
       of the Act.

    6. The Commission's Forfeiture Policy Statement and section 1.80 of the
       Rules do not specify a base forfeiture amount for failing to comply
       with a Commission order. The Commission has stated, however that the
       "omission of a  specific  rule  violation from the list [establishing
       base forfeiture amounts] should not signal that the Commission
       considers any unlisted violation as nonexistent or unimportant. The
       Commission expects, and it is each licensee's obligation, to know and
       comply with all of the Commission's rules." Thus, the Commission
       retains its discretion to issue forfeitures on a case-by-case basis,
       irrespective of whether it has established a corresponding base
       forfeiture amount.  In assessing the monetary forfeiture amount, then,
       we must 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. The
       Order and Consent Decree terminated an enforcement proceeding which
       originated with a $15,000 Notice of Apparent Liability for Forfeiture.
       The Commission has stated that "a consent decree violation, like
       misrepresentation, is particularly serious. The whole premise of a
       consent decree is that enforcement action is unnecessary due, in
       substantial part, to a promise by the subject of the consent decree to
       take the enumerated steps to ensure future compliance. Where, as here,
       it appears that a regulated entity violated a consent decree, we
       believe a substantial proposed forfeiture is warranted." Applying the
       Forfeiture Policy Statement, section 1.80 of the Rules, and the
       statutory factors to the instant case, we therefore conclude that A
       Radio is apparently liable for a forfeiture in the amount of $25,000.

   IV. ORDERING CLAUSES

    7. 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, A Radio Company, Inc. is hereby NOTIFIED of this
       APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five
       thousand dollars ($25,000) for violating the terms of a Bureau order
       adopted pursuant to section 4(i) and 503(b) of the Act.

    8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules
       within thirty (30) days of the release date of this NAL, A Radio
       Company, Inc., SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

    9. 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
       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.   If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov. A Radio shall also send electronic notification
       to  SCR-Response@fcc.gov  on the date said payment is made.

   10. 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,
       South Central Region, San Juan, Room 762, Hato Rey, PR, 00918 and must
       include the NAL/Acct. No. referenced in the caption. A Radio shall
       also email an electronic copy to SCR-Response@fcc.gov.

   11. 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.

   12. IT IS FURTHER ORDERED that a copy of this NAL shall be sent by both
       Certified Mail, Return Receipt Requested, and regular mail, to A Radio
       Company, Inc., at P.O. Box 1488, Vega Baja, PR 00694.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief

   Enforcement Bureau

   A Radio Company, Inc., Order and Consent Decree, 23 FCC Rcd 7337 (Enf.
   Bur. 2008) ("Order and Consent Decree").

   The actions taken today do not prejudice any enforcement actions we may
   take for other violations discovered while investigating A Radio's failure
   to comply with the terms of the Order and Consent Decree.

   See note 1, supra.

   47 C.F.R. S:S: 73.49, 73.1350(a), 73.3526.

   Order and Consent Decree at 7341.

   Id.

   Letter from William Berry, Resident Agent, San Juan Office, to A Radio
   Company, Inc. (April 16, 2010) ("LOI").

   Letter from Gerardo A. Angulo, President/Owner, to William Berry, Resident
   Agent, San Juan Office at 1 (June 2, 2010) ("LOI Response").

   47 U.S.C. S: 312(f)(1).

   H.R. Conf. Rep. No. 97-765, at 51 (1982) ("This provision [inserted in
   section 312] defines the terms `willful' and `repeated' for purposes of
   section 312, and for any other relevant section of the act (e.g., section
   503) . . . . As defined[,] . . . `willful' means that the licensee knew
   that he was doing the act in question, regardless of whether there was an
   intent to violate the law. `Repeated' means more than once, or where the
   act is continuous, for more than one day. Whether an act is considered to
   be `continuous' would depend upon the circumstances in each case. The
   definitions are intended primarily to clarify the language in sections 312
   and 503, and are consistent with the Commission's application of those
   terms . . . .").

   See, e.g., Application for Review of Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recon. denied,
   7 FCC Rcd 3454 (1992) ("Southern California Broadcasting Co.").

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) ("Callais
   Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   Southern California Broadcasting Co., 6 FCC Rcd at 4388, P: 5; Callais
   Cablevision, Inc., 16 FCC Rcd at 1362, P: 9.

   47 U.S.C. S:S: 154(i), 503(b).

   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.

   Forfeiture Policy Statement, 12 FCC Rcd at 17099 P: 22.

   Id.

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

   A Radio Company, Inc., Notice of Apparent Liability for Forfeiture,
   NAL/Acct. No. 200632680001 (Enf. Bur., San Juan Office, released October
   25, 2005).

   SBC Communications, Inc., Notice of Apparent Liability for Forfeiture and
   Order, 16 FCC Rcd 19091, 19125 (2001).

   47 U.S.C. S:S: 154(i), 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-724

                                       2

   Federal Communications Commission DA 11-724