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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

   In the Matter of Hacienda San Eladio, Inc. Owner of Antenna Structure No.
   1222789 Juncos, Puerto Rico ) ) ) ) ) ) ) File No.: EB-11-SJ-0049
   NAL/Acct. No.: 201232680002 FRN: 0008032708




                                FORFEITURE ORDER

   Adopted: February 8, 2013 Released: February 8, 2013

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

   I. INTRODUCTION

    1. In this Forfeiture Order, we issue a monetary forfeiture in the amount
       of four thousand five hundred dollars ($4,500) to Hacienda San Eladio,
       Inc. (Hacienda), owner of antenna structure number 1222789 (the
       Antenna Structure), located in Juncos,  Puerto Rico, for its willful
       and repeated violation of Section 17.57  of the Commission's rules
       (Rules).^ The noted violation involved Hacienda's failure to notify
       the Commission upon a change in ownership information for the Antenna
       Structure.

   II. BACKGROUND

    2. On February 27, 2012, the Enforcement Bureau's San Juan Office (San
       Juan Office) issued a Notice of Apparent Liability for Forfeiture and
       Order  (NAL) ^ ^ to Hacienda for its apparent violation of Section
       17.57 of the Rules. Hacienda submitted a response to the NAL
       requesting cancellation or reduction of the proposed $4,500
       forfeiture, because "Hacienda inadvertently overlooked filing an
       update with the Commission regarding the Antenna Structure's
       ownership. When apprised of the oversight via the NAL, Hacienda
       immediately remedied the matter and filed the FCC Form 854 to update
       the Commission's records."^

   III. DISCUSSION

    3. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Communications Act of 1934, as amended
       (Act),^ Section 1.80 of the Rules,^ and the Forfeiture Policy
       Statement.^ In examining Hacienda's response, Section 503(b)(2)(E) 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 Hacienda's response
       in light of these statutory factors, and find that cancellation or
       reduction of the forfeiture is not warranted.

    4. Section 17.57 of the Rules requires owners of registered antenna
       structures to immediately notify the Commission, using FCC Form 854,
       upon any change in structure height or change in ownership
       information.^ It is undisputed that Hacienda acquired the Antenna
       Structure in 2003 and, as of January 23, 2012, had not updated the
       ownership information for the structure in the Antenna Structure
       Registration (ASR) database. In fact, Hacienda did not update its
       ownership information until April 23, 2012.^ In its NAL Response,
       Hacienda does not contest that it failed to update the ownership
       information, but states that the violation was inadvertent.^ The
       Commission has held, however, that violations resulting from
       inadvertent error or failure to become familiar with the Commission's
       requirements are willful violations.^  Thus, based on the evidence
       before us, we find that Hacienda willfully and repeatedly violated
       Section 17.57 of the Rules by failing to immediately notify the
       Commission upon a change in ownership information for the Antenna
       Structure.

    5. We now consider Hacienda's assertion that the proposed forfeiture
       failed to take into account the nature and circumstances of the
       violation, namely that the violation resulted from a "single
       oversight." We disagree. The Commission has long held that
       administrative oversight or inadvertence is not a mitigating factor
       warranting a downward adjustment of a forfeiture.^ We find no grounds
       to depart from the well established Commission precedent in this case.
       Hacienda also questions the upward adjustment, alleging that a single
       oversight is not a "repeated and somehow willful flagrant disregard"
       of the Rules.^ The term "repeated" means "more than once, or where the
       act is continuous, for more than one day."^ Here, the violation
       existed continuously for over eight years. Section 1.80 of the Rules
       includes "repeated or continuous violation" as one of several upward
       adjustment criteria when deciding upon a forfeiture amount.^  Thus, we
       conclude the upward adjustment of the base forfeiture^ was warranted
       given the repeated nature of the violation.^

    6. Finally, Hacienda claims that the Commission should consider that it
       promptly filed the FCC Form 854 upon receipt of the NAL. We decline to
       reduce or cancel the proposed forfeiture on these grounds. Hacienda's
       post-NAL submission of an FCC Form 854 does not nullify or mitigate
       the violation, because corrective action to come into compliance with
       the Rules is expected.^ Therefore, based on our review of the record,
       we hereby affirm the NAL and assess a forfeiture in the amount of
       $4,500.

   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, 0.204,
       0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Hacienda San
       Eladio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of four
       thousand five hundred dollars ($4,500) for violation of Section 17.57
       of the Commission's rules.^

    8. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within thirty (30) calendar days after the
       release date of this Forfeiture Order.^  If the forfeiture is not paid
       within the period specified, the case may be referred to the U.S.
       Department of Justice for enforcement of the forfeiture pursuant to
       Section 504(a) of the Act.^  Hacienda San Eladio, Inc. shall send
       electronic notification of payment to SCR-Response@fcc.gov on the date
       said payment is made. The payment must be made by check or similar
       instrument, wire transfer, or credit card, and must include the
       NAL/Account number and FRN referenced above. Regardless of the form of
       payment, a completed FCC Form 159 (Remittance Advice) must be
       submitted.^ When completing the FCC Form 159, enter the Account Number
       in block number 23A (call sign/other ID) and enter the letters "FORF"
       in block number 24A (payment type code).   Below are additional
       instructions you should follow based on the form of payment you
       select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated.

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101.

    9. Any request for full payment under an installment plan should be sent
       to:  Chief Financial Officer--Financial Operations, Federal
       Communications Commission, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.^  If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk by
       phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.

   10. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
       sent by both First Class and Certified Mail, Return Receipt Requested,
       to Hacienda San Eladio, Inc.  at PO Box 437, Rio Blanco, PR
       00744-0437, and to its counsel, Francisco Montero, Fletcher, Heald &
       Hildreth, P.L.C., 1300 North 17^th Street, 11^th Floor, Arlington, VA
       22209.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director

   South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. S 17.57.

   ^ Hacienda San Eladio, Inc., Notice of Apparent Liability for Forfeiture
   and Order, 27 FCC Rcd 2086 (Enf. Bur. 2012). 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 Francisco Montero, Fletcher, Heald & Hildreth, P.L.C., to
   San Juan Office, South Central Region, Enforcement Bureau, at 1 (May 3,
   2012) (on file in EB-11-SJ-0049) (NAL Response).

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

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

   ^ 47 C.F.R. S 17.57.

   ^ NAL Response, Declaration of Pablo Reyes Martinez, Vice President of
   Hacienda San Eladio, Inc. See also Antenna Structure Registration Database
   for antenna structure number 1222789.

   ^ NAL Response at 1-2.

   ^ See, e.g., USA Teleport, Inc., Memorandum Opinion and Order, 26 FCC Rcd
   6431, 6434, para. 9 (Enf. Bur. 2011) (ignorance of a filing requirement
   does not negate willfulness of failure to file); Heidelberg College,
   Forfeiture Order, 24 FCC Rcd 11923, 11924, para. 6 (Media Bur. 2009)
   (unintentional failure to file timely license renewal is willful).

   ^ See, e.g., America Movil, S.A.B. de C.V., Parent of Puerto Rico
   Telephone Company, Inc., Notice of Apparent Liability for Forfeiture,  26
   FCC Rcd 8672 (Enf. Bur. 2011) (administrative oversight or inadvertence is
   not mitigating factor); Application for Review of Southern California
   Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, para.
   3 (1991), recons. denied, 7 FCC Rcd 3454 (1992) (stating that
   "inadvertence . . . is at best, ignorance of the law, which the Commission
   does not consider a mitigating circumstance").

   ^ NAL Response at 2.

   ^ H.R. Rep. No. 97-765, 97^th Cong. 2d Sess. 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 . . . .").

   ^ 47 C.F.R. S 1.80. See also Forfeiture Policy Statement, 12 FCC Rcd
   17087.

   ^ The NAL stated "[b]ecause Hacienda has failed to notify the Commission
   regarding the change in ownership for over eight years, we find this
   violation particularly egregious and warranting an upward adjustment of
   $1,500" and cited a case which imposed an upward adjustment in forfeiture
   due to the duration of the violation. NAL, 27 FCC Rcd at 2088. Thus, the
   apparent violation was considered egregious due to the eight-year duration
   of the violation.

   ^ Cf. P&Y Broadcasting Corporation, Notice of Apparent Liability for
   Forfeiture, 26 FCC Rcd 1444 (Enf. Bur. 2011 (imposing a $3,000 forfeiture
   for failing to update antenna structure ownership information for three
   years) (forfeiture paid).

   ^ See, e.g., International Broadcasting Corporation, Order on Review, 25
   FCC Rcd 1538 (2010) (holding post-inspection remedial compliance efforts
   do not warrant mitigation of forfeiture).

   ^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80(f)(4),
   17.57.

   ^ 47 C.F.R. S 1.80.

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

   ^ An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

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

   Federal Communications Commission DA 13-179

   4

   Federal Communications Commission DA 13-179