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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

   In the Matter of ERJ Media, LLC Licensee of Station WOIR Miami, Florida )
   ) ) ) ) ) ) File No.: EB-FIELDSCR12-00000697 NAL/Acct. No.: 201232600009
   FRN: 0018302281 Facility ID No.: 13776




                                FORFEITURE ORDER

   Adopted: February 25, 2013 Released: February 25, 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 one thousand seven hundred and fifty dollars ($1,750) to
       ERJ Media, LLC (ERJ Media), licensee of Station WOIR in Miami,
       Florida, for willful and repeated violation of Section 73.1745(a) of
       the Commission's rules (Rules).^ The noted violation involved ERJ
       Media's failure to operate within authorized power limitations.

   II. BACKGROUND

    2. Station WOIR, an AM radio station, is authorized to operate on 1430
       kHz with 5000 watts during the day and 500 watts at night. On April 6,
       2012, the Enforcement Bureau's Miami Office (Miami Office) issued a
       Notice of Apparent Liability for Forfeiture and Order  (NAL)^ to ERJ
       Media for its failure to operate within authorized power limitations.
       The NAL proposed a $4,000 forfeiture and ordered ERJ Media to submit a
       written statement, signed under penalty of perjury, stating whether
       Station WOIR is now in compliance with Section 73.1745(a) of the
       Rules.^ ERJ Media submitted a response to the NAL,  requesting that we
       reduce the proposed forfeiture based on financial hardship.^ In
       addition, ERJ Media reported that following the agent's inspection on
       February 13, 2012, it confirmed that the over power operation was a
       result of problems with the Station's equipment. ERJ states that it
       made appropriate repairs to correct the issue, and that it has since
       been in compliance with the Rules.^

   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 ERJ Media'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 fully considered ERJ Media's
       response in light of these statutory factors, and find that a
       reduction of the forfeiture is justified.

    4. Section 73.1745(a) of the Rules states that "[n]o broadcast station
       shall operate at times, or with modes or power, other than those
       specified and made a part of the license, unless otherwise provided in
       this part."^ Station WOIR is licensed to operate with 5000 watts
       during the day and with 500 watts at night. As reflected in the NAL,
       the record evidence showed that, on February 10 and 11, 2012, Station
       WOIR was operating its station with daytime power of 5000 watts after
       sunset, which was well above its authorized level.^ Since ERJ Media
       does not dispute that it violated Section 73.1745(a), we affirm the
       findings in the NAL and conclude that ERJ Media willfully and
       repeatedly violated Section 73.1745(a) of the Rules by failing to
       operate within authorized power limitations.

    5. In its response, ERJ Media asks the Bureau to consider reducing the
       proposed forfeiture based on its financial circumstances. With regard
       to an individual's or entity's inability to pay claim, the Commission
       has determined that, in general, gross revenues are the best indicator
       of an ability to pay a forfeiture.^ Based on the gross revenue
       information reflected in the tax returns provided by ERJ Media, we
       find that there is a sufficient basis to reduce the forfeiture.
       Accordingly, we reduce the forfeiture from $4,000 to $1,750 based
       solely on ERJ Media's inability to pay claim.^

   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, ERJ Media, LLC
       IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand
       seven hundred and fifty dollars ($1,750) for violations of Section
       73.1745(a) of the Commission's rules.^

    7. 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.^  ERJ Media, LLC shall send electronic
       notification of payment to [1]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 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, [2]ARINQUIRIES@fcc.gov.

    9. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
       First Class Mail and Certified Mail, Return Receipt Requested, to ERJ
       Media, LLC at 14100 SW 144th Ave., Miami, FL 33186.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. S 73.1745(a).

   ^ ERJ Media, LLC, Notice of Apparent Liability for Forfeiture and Order,
   27 FCC Rcd 3291 (Enf. Bur. 2012) (NAL). A comprehensive recitation of the
   facts and history of this case can be found in the NAL and is incorporated
   herein by reference.

   ^ Id.

   ^ Letter from Carlos Acosta, Treasurer/Director, ERJ Media, LLC, to
   Michael Mattern, Resident Agent, Miami Office, South Central Region,
   Enforcement Bureau at 1 (Apr. 25, 2012) (on file in
   EB-FIELDSCR12-00000697) (NAL Response).

   ^ See id.

   ^ 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 73.1745(a).

   ^ NAL, 27 FCC Rcd at 3292, para. 4.

   ^ 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).

   ^ This forfeiture amount falls within the percentage range that the
   Commission has previously found acceptable. 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),
   73.1745(a).

   ^ 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 13-267

   4

   Federal Communications Commission DA 13-267

References

   Visible links
   1. mailto:SCR-Response@fcc.gov
   2. mailto:ARINQUIRIES@fcc.gov