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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

   In the Matter of Centro Colegial Cristiano, Inc. Licensee of FM Station
   WVID Anasco, Puerto Rico ) ) ) ) ) ) File No.: EB-FIELDSCR-12-00001943
   NAL/Acct. No.: 201332680001 FRN: 0001729490 Facility ID No.: 10053




   FORFEITURE ORDER

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

   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 six thousand four hundred dollars ($6,400) to Centro
       Colegial Cristiano, Inc. (Centro Colegial), licensee of FM Station
       WVID in Anasco, Puerto Rico, for willful and repeated violation of
       Sections 11.35(a), 11.51(m)(1), and 11.52(e)(1)  of the Commission's
       rules (Rules).^ The noted violations involved Centro Colegial's
       failure to maintain fully operational Emergency Alert System (EAS)
       equipment when the station was in operation.

   II. BACKGROUND

    2. On January 24, 2013, the Enforcement Bureau's San Juan Office (San
       Juan Office) issued a Notice of Apparent Liability for Forfeiture and
       Order  (NAL) ^ ^ to Centro Colegial for failing to maintain fully
       operational EAS equipment. Centro Colegial submitted a response to the
       NAL stating that its EAS equipment is now fully operational and it is
       maintaining required EAS logs, and requesting cancellation or
       reduction of the proposed $8,000 forfeiture.^ In support of its
       request for cancellation or reduction of the proposed forfeiture,
       Centro Colegial asserts that it has a long history of compliance with
       the Rules and is unable to pay the forfeiture.^

   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 Centro Colegial'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 Centro Colegial's response in light of these statutory
       factors and find that a reduction of the forfeiture is warranted based
       on its history of compliance with the Rules.

    4. We conclude that the evidence supports the Bureau's undisputed
       findings that, as of sometime in September 2011 through April 30,
       2012, Station WVID's EAS equipment was unable to interrupt programming
       and transmit automatically an EAS message.^ Moreover, although Station
       WVID broadcast programming 24 hours a day, the station was not staffed
       24 hours a day.^ Accordingly, when unattended, Station WVID was unable
       to interrupt normal programming or transmit EAS messages.^  Based on
       the evidence before us, we find that Centro Colegial willfully and
       repeatedly violated Sections 11.35(a), 11.51(m)(1), and 11.52(e)(1) of
       the Rules by failing to maintain fully operational EAS equipment at
       Station WVID when the station was operational and unattended.

    5. In response to the NAL, Centro Colegial requested cancellation or
       reduction of the $8,000 forfeiture based on its history of compliance
       with the Rules and inability to pay. We have reviewed our records and
       concur that Centro Colegial has not been previously cited with a
       violation of the Rules. Accordingly, we reduce the proposed forfeiture
       to six thousand four hundred dollars ($6,400) based on Centro
       Colegial's history of compliance.^ When faced with claims alleging an
       inability to pay, the Commission has determined that gross revenues
       are generally the best indicator of an individual or entity's ability
       to pay a forfeiture.^ Based on the financial documents provided by
       Centro Colegial, we find insufficient basis to reduce the forfeiture
       further due to an inability to pay.^

   IV. ORDERING CLAUSES

    6. 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, Centro
       Colegial Cristiano, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the
       amount of six thousand four hundred dollars ($6,400) for violations of
       Sections 11.35(a), 11.51(m)(1), and 11.52(e)(1) of the Commission's
       rules.^

    7. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Commission's 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.^  Centro Colegial
       Cristiano, 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.

    8. 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.

    9. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
       First Class and Certified Mail, Return Receipt Requested, to Centro
       Colegial Cristiano, Inc. at POB 3420, Mayaguez, PR 00681-3420 and to
       its counsel, Richard F. Swift, Fletcher, Heald & Hildreth, at 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. SS 11.35(a), 11.51(m)(1), 11.52(e)(1).

   ^ Centro Colegial Cristiano, Inc., Notice of Apparent Liability for
   Forfeiture and Order, 28 FCC Rcd 329 (Enf. Bur. 2013). 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 Reynaldo J. Garcia, Technical and Compliance Manager,
   Station WVID, to San Juan Office, South Central Region, Enforcement Bureau
   at 1 (Feb. 21, 2013) (on file in EB-FIELDSCR-12-00001943).

   ^ Id. at 1-2.

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

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

   ^ NAL, 28 FCC Rcd at 331, para. 6.

   ^ Id.

   ^ Id.

   ^ See Martin Broad., Inc., Forfeiture Order, 28 FCC Rcd 1923 (Enf. Bur.
   2013) (proposed forfeiture reduced based on history of compliance with the
   Rules). If Centro Colegial believes that paying this amount presents
   financial difficulties, we note that it could always pursue an installment
   plan to lessen the immediate impact of the forfeiture. See infra para. 8.

   ^ See Hoosier Broad. Corp., Memorandum Opinion and Order, 15 FCC Rcd 8640
   (Enf. Bur. 2002) (forfeiture not deemed excessive where it represented
   approximately 7.6 percent of the violator's gross revenues); Local Long
   Distance, Inc., Order of Forfeiture, 15 FCC Rcd 24385 (Enf. Bur. 2000)
   (forfeiture not deemed excessive where it represented approximately 7.9
   percent of the violator's gross revenues).

   ^ The proposed $6,400 forfeiture amount falls within the percentage range
   that the Commission has previously found acceptable. See supra para. 5,
   note 13. We note that Centro Colegial states that it has been operating
   with a net loss for the past two years. In most cases, however, the
   Commission considers gross, not net, revenues when determining ability to
   pay. See id.

   ^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80(f)(4),
   11.35(a), 11.51(m)(1), 11.52(e)(1).

   ^ 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 13-2081

   4

   Federal Communications Commission DA 13-2081