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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554


                                        )                                
                                                                         
                                        )                                
     In the Matter of                       File No.: EB-10-HU-0068      
                                        )                                
     Vision Latina Broadcasting, Inc.       NAL/Acct. No.: 201132540003  
                                        )                                
     Licensee of Station KBPO               FRN: 0010019115              
                                        )                                
     Port Neches, Texas                     Facility ID: 68762           
                                        )                                
                                                                         
                                        )                                


                                FORFEITURE ORDER

   Adopted: March 30, 2012 Released: March 30, 2012

   By the Regional Director, South Central Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
       the amount of five hundred dollars ($500) to Vision Latina
       Broadcasting, Inc. (Vision Latina Broadcasting), licensee of Station
       KBPO, Port Neches,  Texas (the Station), for willful and repeated
       violation of Sections 73.1125 and 73.3526  of the Commission's rules
       (Rules). The noted violations involved Vision Latina Broadcasting's
       failure to maintain: (1) a main studio with a meaningful staff and
       management presence; and (2) a complete public inspection file and
       make that file available.

   II. BACKGROUND

    2. On June 30, 2011, the Enforcement Bureau's Houston Office (Houston
       Office) issued a Notice of Apparent Liability for Forfeiture and Order
       (NAL)  to Vision Latina Broadcasting for failing to comply with main
       studio staffing and public inspection file rules. As discussed in
       detail in the NAL, an agent from the Houston Office attempted to
       inspect Station KBPO's main studio during normal business hours on
       December 2, 2010 and found the main studio locked and unstaffed. The
       agent returned to the main studio on December 9, 2010 and found one
       staff member present, who produced a public inspection file for the
       Station, which was missing several required items. The staff member
       claimed the company's president would provide the missing documents
       when he returned from Mexico on December 13, 2010, but when the agent
       returned on that day the company's president was still in Mexico. The
       employees at the main studio on December 13, 2010 refused to make any
       part of the public inspection file available. In view of the record
       evidence, including that the main studio was not fully staffed during
       three separate visits, a complete public inspection file was not
       produced during two separate visits, and these violations appeared to
       continue for a period of time without any apparent station management
       or oversight, the NAL proposed a forfeiture of $25,000 against Vision
       Latina Broadcasting for violations of Sections 73.1125 and 73.3526  of
       the Rules. Vision Latina Broadcasting submitted a response to the NAL
       requesting "cancellation or a substantial reduction of the forfeiture
       proposed in the NAL to not more than $500" based on its inability to
       pay. Vision Latina Broadcasting also submitted a certification that
       its main studio is now staffed consistent with the rules and that the
       station's public inspection file is complete and available to the
       public.

   III. DISCUSSION

    3. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Act, Section 1.80 of the Rules, and the
       Forfeiture Policy Statement. In examining Vision Latina Broadcasting's
       response, 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 other
       such matters as justice may require. As discussed below, we have
       considered Vision Latina's response in light of these statutory
       factors and we find that a reduction in the forfeiture is warranted
       based solely on its documented inability to pay.

    4. As set forth in the NAL, an agent from the Houston Office inspected or
       attempted to inspect Station KBPO's main studio on December 2, 9, and
       13, 2010 and, among other things, found no management personnel
       present and an incomplete public inspection file. In its response to
       the NAL, Vision Latina Broadcasting does not deny any of the facts set
       forth in the NAL. Therefore, we find that Vision Latina Broadcasting
       willfully and repeatedly violated Sections 73.1125 and 73.3526  of the
       Rules by failing to maintain: (1) a main studio with a meaningful
       staff and management presence; and (2) a complete public inspection
       file and make that file available. With regard to an individual's or
       entity's inability to pay a claim, the Commission has determined that,
       in general, gross revenues are the best indicator of an ability to pay
       a forfeiture. Having reviewed Vision Latina's submitted documentation,
       we conclude that the forfeiture should be reduced to $500.

   IV. ORDERING CLAUSES

    5. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.204,
       0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Vision Latina
       Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount
       of five hundred dollars ($500) for violations of Sections 73.1125 and
       73.3526 of the Commission's rules.

    6. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within thirty (30) calendar days of the
       release of this Order. If the forfeiture is not paid within the period
       specified, the case may be referred to the Department of Justice for
       enforcement 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 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. Vision Latina Broadcasting, Inc. shall
       also send electronic notification to SCR-Response@fcc.gov  on the date
       said payment is made.

    7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
       First Class and Certified Mail, Return Receipt Requested, to Vision
       Latina Broadcasting, Inc.  at 419 Stadium Road, Port Arthur, Texas,
       77642.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 73.1125, 73.3526.

   Vision Latina Broadcasting, Inc., Notice of Apparent Liability for
   Forfeiture and Order, 26 FCC Rcd 9231 (Enf. Bur. 2011).

   A comprehensive recitation of the facts and history of this case can be
   found in the NAL and is incorporated herein by reference.

   Letter from Gilardo Castro, Vice President, Vision Latina Broadcasting,
   Inc., to Lee R. Browning, Resident Agent, Houston Office, Enforcement
   Bureau (Aug. 25, 2011) (NAL Response).

   Id. at 2.

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

   47 C.F.R. S: 1.80.

   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), recon. denied, 15 FCC Rcd 303 (1999) (Forfeiture
   Policy Statement).

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

   See NAL Response at 1.

   See PJB Communications of Virginia, Inc., Forfeiture Order, 7 FCC Rcd
   2088, 2089 (1992) (forfeiture not deemed excessive where it represented
   approximately 2.02 percent of the violator's gross revenues); Local Long
   Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not
   deemed excessive where it represented approximately 7.9 percent of the
   violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture
   Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
   represented approximately 7.6 percent of the violator's gross revenues).

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
   1.80(f)(4), 73.1125, 73.3526.

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

   Federal Communications Commission DA 12-481

   3

   Federal Communications Commission DA 12-481