Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Hispanic Target Media, Inc. Licensee of Station KUKY(FM)
   Wellton, Arizona ) ) ) ) ) ) ) File No.: EB-09-SD-0055 NAL/Acct. No.:
   201032940001 FRN: 0011335098 Facility ID No.: 162388




                                FORFEITURE ORDER

   Adopted: October 28, 2013 Released: October 29, 2013

   By the Regional Director, Western Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order, we issue a monetary forfeiture in the amount
       of eight thousand dollars ($8,000) to Hispanic Target Media, Inc.
       (HTM), licensee of Station KUKY(FM), Wellton, Arizona, for willfully
       and repeatedly violating Section 73.3526(b)-(c)^ of the Commission's
       rules (Rules) by failing to maintain and make available the Station
       KUKY(FM) public inspection file at its main studio.

   II. BACKGROUND

    2. On September 24, 2009, agents from the Enforcement Bureau's San Diego
       Office (San Diego Office) attempted to conduct a station inspection of
       the Station KUKY(FM) main studio, which is located in Yuma, Arizona.
       The agents were greeted by the station's general manager and began
       their inspection. The agents requested to view the Station KUKY(FM)
       public inspection file. However, the station manager did not
       understand the agents' request. The station manager said that Station
       KUKY(FM), which began operations on May 20, 2009, had not maintained a
       public inspection file and no such file was available for review. When
       asked why no public inspection file was maintained, the station
       manager replied he was not aware one was required and that no such
       file was maintained at Station KUKY(FM).

    3. On December 21, 2009, the San Diego Office issued a Notice of Apparent
       Liability for Forfeiture (NAL) in the amount of $10,000 to HTM for
       failing to maintain and make available the Station KUKY(FM) public
       inspection file at the Station KUKY(FM) main studio.^ HTM responded to
       the NAL on March 5, 2010 (Response).^ In its Response, HTM requests
       that the forfeiture be cancelled because HTM maintained the complete
       Station KUKY(FM) public file at the local library and because the
       Station KUKY(FM) station manager was not fluent in English and,
       therefore, did not understand the questions being posed by the San
       Diego agents.^

   III. DISCUSSION

    4. 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 Commission's Forfeiture
       Policy Statement.^ In examining HTM'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.^ We considered HTM's Response to the NAL in light of these
       statutory factors and find that a reduction of the forfeiture is
       warranted for the reasons discussed below.

    5. Section 73.3526(a) of the Rules requires that all FM Broadcast
       stations maintain a public inspection file and Section 73.3526(b)
       requires that the file be located at the main studio of the station.^
       ^ Section 73.3526(c) of the Rules requires that the file be available
       for public inspection at any time during regular business hours.^ On
       September 24, 2009, agents from the San Diego Office attempted to
       inspect the file during regular business hours, but were unable to
       access the file at the station's main studio and were informed by the
       station manager, apparently erroneously, that a public inspection file
       was not maintained by Station KUKY(FM).

    6. HTM does not dispute that the public inspection file was missing from
       the Station KUKY(FM) main studio. Consequently, we find that any
       language issues that may have existed between the San Diego agents and
       the Station KUKY(FM) station manager are not dispositive in this case.
       Had the station manager fully understood the request from the San
       Diego agents, he apparently would have informed the agents that the
       public inspection file was maintained at the local public library. We
       accept HTM's representations that a public inspection file for Station
       KUKY(FM) existed. However, the public inspection file was not
       maintained at the main studio nor made available at the time of
       inspection: violations of Section 73.3526(b)-(c) of the Rules. Citing
       our decision in American Family,  HTM argues there is precedent that
       its good faith efforts of maintaining a complete public inspection
       file accessible at the local public library requires that the
       forfeiture be cancelled.^ We disagree that the decision in American
       Family requires the cancellation of the forfeiture because in that
       case the forfeiture concerned only three late-filed items in a public
       inspection file, which was maintained at the station's main studio. In
       the present case, the entire file was unavailable at the Station
       KUKY(FM) main studio. We agree, however, that a reduction for HTM's
       good faith efforts is appropriate and, therefore, we reduce the
       forfeiture from $10,000 to $8,000.^

    7. We have examined HTM's Response to the NAL pursuant to the statutory
       factors above and in conjunction with the Forfeiture Policy Statement.
       As a result of our review, we conclude that HTM willfully and
       repeatedly violated Section 73.3526(b)-(c) of the Rules. Considering
       the entire record and the factors listed above, we find that a
       forfeiture in the amount of eight thousand dollars ($8,000) is
       warranted.

   IV. ORDERING CLAUSES

    8.  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, Hispanic
       Target Media, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount
       of eight thousand dollars ($8,000) for willfully and repeatedly
       violating Section 73.3526(b)-(c) of the Commission's Rules.^

    9. 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.^  Hispanic Target Media, Inc., shall also
       send electronic notification on the date said payment is made to
       WR-Response@fcc.gov. 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.

   10. Any request for making full payment over time 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.

   11. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
       sent by both First Class Mail and Certified Mail, Return Receipt
       Requested to Hispanic Target Media, Inc., 2433 E. Palo Verde St.,
       Yuma, Arizona, 85365, and Meredith S. Senter, Jr., Esquire, Lerman
       Senter PLLC, 2000 K Street, N.W., Suite 600, Washington DC 20006, its
       counsel of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   ^ 47 C.F.R. S 73.3526(b)-(c).

   ^ Hispanic Target Media, Inc., Notice of Apparent Liability for
   Forfeiture, NAL/Acct. No. 201032940001 (Enf. Bur., Western Region, San
   Diego Office (rel. Dec. 21, 2009) (NAL).

   ^ See Response of Hispanic Target Media, Inc. (filed Mar. 5, 2010) (on
   file in EB-09-SD-0055) (Response). HTM requested and was granted an
   extension of time to file its Response by the San Diego Office.

   ^ See Response at 1-4.

   ^ 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 73.3526(a)-(b).

   ^ 47 C.F.R. S 73.3526(c).

   ^ See Response at 2-4 (citing Am. Family Ass'n, Memorandum Opinion and
   Order, 18 FCC Rcd 16530 (Enf. Bur. 2003) (American Family)). In American
   Family, the Enforcement Bureau cancelled part of an assessed forfeiture
   relating to public file violations because the station was able to show
   that the three items missing from the file had been untimely filed by the
   station manager. American Family, 18 FCC Rcd  at 16532, para. 9.

   ^ See Lazer Licenses, LLC, Order on Review, 27 FCC Rcd 626 (2012)
   (affirming a determination to reduce, but not cancel, for good faith
   efforts, an assessed forfeiture where the public inspection file was
   complete but not available at the correct location).

   ^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80(f)(4),
   73.3526(b)-(c).

   ^ 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 13-2061

   1

                                       2

   Federal Communications Commission DA 13-2061