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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Latin Broadcasting Company Owner of Antenna Structure
   Number 1250803 Dallas Center, IA ) ) ) ) ) ) ) File Number:
   EB-FIELDSCR-12-00003967 NAL/Acct. No.: 201332560004 FRN: 0003763976




             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: March 11, 2013 Released: March 11, 2013

   By the District Director, Kansas City Office, South Central Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that Latin Broadcasting Company (LBC), owner of antenna
       structure number 1250803 (the Antenna Structure), located in Dallas
       Center, Iowa, apparently willfully and repeatedly violated Section
       303(q) of the Communications Act of 1934, as amended (Act)^ and
       Sections 17.48(a), 17.51(a), and 17.57  of the Commission's rules
       (Rules)^ by failing to (1) exhibit red obstruction lighting from
       sunset to sunrise, (2) notify the Federal Aviation Administration
       (FAA) of a known lighting outage, and (3) notify the Commission upon a
       change in ownership information for the Antenna Structure. We conclude
       that LBC  is apparently liable for a forfeiture in the amount of
       fourteen thousand dollars ($14,000). In addition, we direct LBC to
       submit, no later than thirty (30) calendar days from the release date
       of this NAL, a statement signed under penalty of perjury stating that
       it now complies with the Commission's antenna structure lighting,
       notification, and monitoring requirements.

   II. BACKGROUND

    2. The Antenna Structure is 152.4 meters in height above ground and is
       required to be painted and lighted.^ On July 13, 2012, in response to
       a complaint of a light outage, an agent from the Enforcement Bureau's
       Kansas City Office (Kansas City Office) asked a deputy with the Dallas
       County Sheriff's Department to observe the Antenna Structure. Later
       that day, the deputy reported that, at approximately 11:30 P.M., the
       top half of the Antenna Structure was not lit. Also that day, an agent
       from the Kansas City Office contacted the FAA and learned that no
       Notice to Airmen (NOTAM) had been issued for the Antenna Structure.^

    3. On July 19, 2012, an agent from the Kansas City Office inspected the
       Antenna Structure and observed that the top beacon and top set of side
       lamps on the Antenna Structure were not lit after sunset. On July 20,
       2012, the agent met with the general manager of LBC to discuss the
       Antenna Structure. Although the Antenna Structure Registration (ASR)
       database listed Perry Broadcasting Company as the owner of the Antenna
       Structure, the general manager stated that it was owned by LBC.
       Neither the general manager, nor LBC's engineer, who was consulted via
       telephone, was aware of any light outages on the Antenna Structure,
       and neither knew who was responsible for observing the Antenna
       Structure lights. Both agreed, however, that the Antenna Structure
       lights were not monitored by an automatic alarm system. The general
       manager thought that the lights were monitored at least once a week,
       while the engineer stated the lights were observed once daily.

    4. On July 24, 2012, the Kansas City Office issued a Letter of Inquiry
       (LOI) to LBC.^ In its LOI Response, LBC stated that it acquired the
       Antenna Structure from Perry Broadcasting Company in December 2008,
       and that its attorney "has been contacted to update the registration
       and contact information."^ LBC also claimed that its operations
       manager made daily observations of the Antenna Structure lights at
       approximately 11:00 P.M. from January 1, 2012 through July 20, 2012
       and provided an initialed daily observation log for July 1 through
       July 20, 2012 as part of its LOI Response.^ However, LBC's LOI
       Response, contained several inconsistencies regarding the Antenna
       Structure's lights. LBC stated that the "tower lighting system was
       last known to be operational on July 7, 2012 at or around 11 pm"^
       based on visual observations by the operations manager, but in the
       detailed observation information, the operations manager wrote that
       the lights were "ok" for all days between July 1 and July 20, 2012,
       except one, July 10, 2012.^ For July 10, 2012, the operations manager
       wrote "Light out ok."^ LBC also stated that "no outages have been
       reported in the logs from 1/1/12 to 7/20/12."^ LBC claimed that on
       July 10, 2012, the operations manager "attempted to report the outage
       by filing a NOTAM with the FAA. However, he misunderstood the English
       prompts and did not properly file the NOTAM."^ Finally, LBC stated
       that the lighting was repaired on July 27, 2012, but malfunctioned
       again on August 3, 2012.^ LBC stated that the lighting will be
       repaired again by August 18, 2012, that its operations manager is
       currently making daily observations of the Antenna Structure, and that
       it is in the process of installing an automated alarm system.^

   III. DISCUSSION

    5. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation, or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty.^ Section 312(f)(1) of the Act defines "willful" as the
       "conscious and deliberate commission or omission of [any] act,
       irrespective of any intent to violate" the law.^ The legislative
       history to Section 312(f)(1) of the Act clarifies that this definition
       of willful applies to both Sections 312 and 503(b) of the Act,^ and
       the Commission has so interpreted the term in the Section 503(b)
       context.^ The Commission may also assess a forfeiture for violations
       that are merely repeated, and not willful.^ The term "repeated" means
       the commission or omission of such act more than once or for more than
       one day.^

     A. Failure to Exhibit Required Obstruction Lighting on the Antenna
        Structure and Notify the FAA of the Lighting Outage

    6. Section 303(q) of the Act states that antenna structure owners shall
       maintain the painting and lighting of antenna structures as prescribed
       by the Commission.^ Section 17.51(a) of the Rules states that "[a]ll
       red obstruction lighting shall be exhibited from sunset until sunrise
       unless otherwise specified."^ Section 17.47(a) of the Rules states
       that owners of antenna structures "(1) shall make an observation of
       the antenna structure's lights at least once each 24 hours either
       visually . . . to insure that all such lights are functioning properly
       as required; or alternatively (2) shall provide and properly maintain
       an automatic alarm system designed to detect any failure of such
       lights and to provide indication of such failure to the owner."^
       Section 17.48(a) of the Rules states that owners of antenna structures
       "shall report immediately by telephone or telegraph to the nearest
       Flight Service Station or office of the Federal Aviation
       Administration any observed or otherwise known extinguishment or
       improper functioning of any top steady burning light or any flashing
       obstruction light, regardless of its position on the antenna
       structure, not corrected within 30 minutes . . . ."^

    7. The evidence in this case is sufficient to establish that LBC violated
       Section 303(q) of the Act and Sections 17.48(a) and 17.51(a) of the
       Rules. LBC admits that a lighting outage on the Antenna Structure
       occurred on July 10, 2012. On July 13 and July 19, 2012, a deputy with
       the local sheriff's department and an agent from the Kansas City
       Office, respectively, observed that the top half of the Antenna
       Structure was not lit after sunset. LBC admits that it failed to
       notify the FAA of the lighting outage on the Antenna Structure,^ and
       an agent confirmed that fact on July 13, 2012. Based on the evidence
       before us, we find that LBC apparently willfully and repeatedly
       violated Section 303(q) of the Act and Sections 17.51(a), and 17.48(a)
       of the Rules by failing to (1) exhibit all required red obstruction
       lighting from sunset to sunrise on the Antenna Structure, and (2)
       report the light outage to the FAA.

     A. Failure to Update Ownership Information for the Antenna Structure

    8. 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.^ LBC stated that it acquired the
       Antenna Structure in December 2008. LBC did not file the required FCC
       Form 854 to update the Antenna Structure's ownership until August 20,
       2012.^ Based on the evidence before us, we find that LBC  apparently
       willfully and repeatedly violated Section 17.57 of the Rules by
       failing to notify the Commission of a change in ownership for the
       Antenna Structure.

     A. Proposed Forfeiture Amount and Reporting Requirement

    9. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for failing to comply
       with prescribed lighting and marking is $10,000 and for failing to
       file required forms or information is $3,000.^ In assessing the
       monetary forfeiture amount, we must also take into account the
       statutory factors set forth in Section 503(b)(2)(E) of the Act, which
       include the nature, circumstances, extent, and gravity of the
       violations, 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.^ Maintaining current ownership
       contact information in the ASR database is particularly important,
       because it enables the Commission and individuals to notify the
       structure owner promptly in the event of a lighting failure or other
       malfunction. Because LBC failed to notify the Commission regarding the
       change in ownership for over three and a half years, we find this
       violation particularly egregious and warranting an upward adjustment
       of $1,000.^ Applying the Forfeiture Policy Statement, Section 1.80 of
       the Rules, and the statutory factors to the instant case, we conclude
       that LBC  is apparently liable for a total  forfeiture in the amount
       of $14,000, consisting of the following: $10,000 for the antenna
       structure lighting and notification violations and $4,000 for the
       registration violation.

   10. We further order LBC to submit a written statement, pursuant to
       Section 1.16 of the Rules,^ signed under penalty of perjury by an
       officer or director of LBC, stating that the lights on the Antenna
       Structure have been restored, including the date of restoration. LBC
       shall also certify that it will notify the FAA to ensure a NOTAM
       remains in place until the Antenna Structure lights are restored. In
       addition, LBC shall state that it installed the automatic alarm
       system, including the date of installation, or otherwise continues to
       comply with the Section 17.47 monitoring requirements. This statement
       must be provided to the Kansas City Office at the address listed in
       paragraph 13 within thirty (30) calendar days of the release date of
       this NAL.

   IV. ORDERING CLAUSES

   11. 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 of the Commission's rules, Latin Broadcasting
       Company is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
       in the amount of fourteen  thousand dollars ($14,000) for violations
       of Section 303(q) of the Act and Sections 17.48(a), 17.51(a), and
       17.57  of the Commission's rules.^

   12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's rules, within thirty (30) calendar days of the release
       date of this Notice of Apparent Liability for Forfeiture and Order,
       Latin Broadcasting Company SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

   13. IT IS FURTHER ORDERED that Latin Broadcasting Company SHALL SUBMIT a
       written statement, as described in paragraph 10, within thirty (30)
       calendar days of the release date of this Notice of Apparent Liability
       for Forfeiture and Order. The statement must be mailed to Federal
       Communications Commission, Enforcement Bureau, South Central Region,
       Kansas City Office, 520 N.E. Colbern Rd., 2nd Floor, Lees Summit, MO
       64086-4711. Latin Broadcasting Company shall also e-mail the written
       statement to SCR-Response@fcc.gov.

   14. Payment of the forfeiture must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account number
       and FRN referenced above. Latin Broadcasting Company shall also send
       electronic notification on the date said payment is made to
       SCR-Response@fcc.gov.  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.

   15. 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.

   16.  The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       Sections 1.16 and 1.80(f)(3) of the Rules.^ Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, South
       Central Region, Kansas City Office, 520 N.E. Colbern Rd., 2nd Floor,
       Lees Summit, MO  64086-4711, and include the NAL/Acct. No. referenced
       in the caption. Latin Broadcasting Company  also shall e-mail the
       written response to SCR-Response@fcc.gov.

   17. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices (GAAP); or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted.

   18. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture and Order shall be sent by both Certified Mail, Return
       Receipt Requested, and First Class Mail to Latin Broadcasting Company
       at 301 Ashworth Rd., West Des Moines, IA 50265.

   FEDERAL COMMUNICATIONS COMMISSION

   Ronald D. Ramage

   District Director

   Kansas City Office

   South Central Region

   Enforcement Bureau

   ^ 47 U.S.C. S 303(q).

   ^ 47 C.F.R. SS 17.48(a), 17.51(a), 17.57.

   ^ See Antenna Structure Registration database for antenna structure number
   1250803. See also 47 C.F.R. S 17.21 (requiring antenna structures more
   than 60.96 meters in height above ground to be painted and lighted).

   ^ See 47 C.F.R. S 17.48 (requiring tower owners to notify the FAA
   immediately of any known outages of tower lighting lasting more than 30
   minutes). The agent informed the FAA of the lighting outage and the FAA
   issued a NOTAM for the Antenna Structure on July 13, 2012.

   ^ Letter from Ronald D. Ramage, District Director, Kansas City Office,
   Enforcement Bureau, to Latin Broadcasting Company (July 24, 2012) (on file
   in EB-FIELDSCR-12-00003248).

   ^ Letter from Catalina Barreto, General Manager, Latin Broadcasting
   Company, to Kansas City Office, Enforcement Bureau at 4 (Aug. 14, 2012)
   (on file in EB-FIELDSCR-12-00003248) (LOI Response).

   ^ LOI Response at 1.

   ^ Id. at 5.

   ^ Id. at 1.

   ^ Id.

   ^ Id. at 3.

   ^ Id. at 7.

   ^ Id. at 6.

   ^ Id. at 7.

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

   ^ 47 U.S.C. S 312(f)(1).

   ^ 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 . . . .").

   ^ See, e.g., Application for Review of Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recons.
   denied, 7 FCC Rcd 3454 (1992).

   ^ See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 10 (2001) (Callais
   Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   ^ Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term `repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day." See Callais Cablevision, Inc., 16 FCC Rcd  at
   1362.

   ^ 47 U.S.C. S 303(q).

   ^ 47 C.F.R. S 17.51(a).

   ^ 47 C.F.R. S 17.47(a).

   ^ 47 C.F.R. S 17.48(a).

   ^ Although LBC claimed it attempted to notify the FAA of the outage on
   July 10, 2012, we do not find such efforts worthy of reduction or
   cancellation of the proposed forfeiture. LBC stated its operations manager
   mistakenly thought he had notified the FAA. However, we do not find this
   assumption reasonable. Upon calling the telephone number listed by LBC,
   the caller must speak or enter the two letter abbreviation for the state,
   at which point, the caller is routed to a live operator. The caller then
   provides the detailed information about the outage to the operator. As the
   operations manager never reached a live operator, he was provided no
   opportunity to enter the antenna structure number or coordinates of the
   antenna structure. Without providing that basic information, we find it
   unreasonable for LBC to assume that the FAA was properly notified of the
   lighting outage.

   ^ 47 C.F.R. S 17.57.

   ^ See Antenna Structure Registration database for antenna structure number
   1250803.

   ^ 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) (Forfeiture Policy Statement), recons.
   denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S 1.80.

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

   ^ See, e.g., Quinn Broadcasting, Inc., Notice of Apparent Liability for
   Forfeiture and Order, 27 FCC Rcd 5787 (Enf. Bur. 2012) (proposing $6,000
   forfeiture for failing to update ASR ownership information for over eight
   years).

   ^ 47 C.F.R. S 1.16.

   ^ 47 U.S.C. SS 303(q), 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314,
   1.80, 17.48(a), 17.51(a), 17.57.

   ^ 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.

   ^ 47 C.F.R. SS 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 13-353

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   Federal Communications Commission DA 13-353