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, DC 20554
In the Matter of
Latin Broadcasting Company
Owner of Antenna Structure Number 1250803
Dallas Center, IA
)
)
)
)
)
)
File No.: EB-FIELDSCR-12-00003967
NAL/Acct. No.: 201332560004
FRN: 0003763976
MEMORANDUM OPINION AND ORDER
Adopted: August 21, 2015 Released: August 21, 2015
By the Regional Director, South Central Region, Enforcement Bureau:
We dismiss as untimely the Petition for Reconsideration (Petition) filed by Latin Broadcasting Company (LBC), owner of antenna structure number 1250803 in Dallas Center, Iowa (the Antenna Structure), seeking reconsideration of the Forfeiture Order issued by the Enforcement Bureau. In the Forfeiture Order, the Enforcement Bureau imposed a forfeiture of $11,000 against LBC for willfully and repeatedly violating 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 exhibit required lighting on the Antenna Structure, notify the Federal Aviation Administration (FAA) of the lighting outage, and inform the Commission regarding a change in antenna structure ownership information.
Section 405(a) of the Act, as implemented in Section 1.106(f) of the Rules, requires a petition for reconsideration to be filed within thirty (30) days of the date from which public notice of the action is given. Public notice of the action in this case was given on July 15, 2014, the date the Forfeiture Order was released. Therefore, a petition for reconsideration of the Forfeiture Order had to be filed with the Commission by August 14, 2014 in order to be considered timely. LBC's Petition, however, was not filed with the Commission until August 18, 2014. The time period for filing petitions for reconsideration is prescribed by statute, and the Commission may not, with one narrow exception not applicable here, waive or extend the filing period. Because we have no basis to extend or waive the 30-day filing period, we must dismiss LBC's Petition as untimely.
Even if we were to consider LBC's Petition on its merits, we would deny it. Reconsideration is appropriate only when the petitioner either demonstrates a material error or omission in the underlying order or raises additional facts not known or not existing until after the petitioner's last opportunity to present such matters. LBC's Petition fails to present such information warranting reconsideration. It reiterates an argument previously presented to the Enforcement Bureau and rejected: that the $11,000 penalty imposed is unenforceable under the Small Business Regulatory Enforcement and Fairness Act of 1996 (SBREFA) because the Commission allegedly never complied with its obligations under the SBREFA. We note that the Commission recently affirmed its determination that it has complied with its obligations under the SBREFA. It also reiterates another argument previously rejected by the Enforcement Bureau that imposing a $4,000 forfeiture for failing to report a pro forma ownership change is excessive. As the Enforcement Bureau noted in the Forfeiture Order, Section 17.57 of the Rules requires owners to notify the Commission of any change in ownership, not only those involving a change of control, and it is undisputed that LBC failed to comply with that requirement for over three and a half years. We find no material error in the Bureau's decision. Therefore, even if the Petition was not time barred, we would find that the Enforcement Bureau properly decided the matter raised and uphold the Forfeiture Order for the reasons stated therein.
Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and Section 1.106 of the Rules, the Petition for Reconsideration filed by Latin Broadcasting Company is hereby DISMISSED.
IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311, and 1.80 of the Rules, Latin Broadcasting Company IS LIABLE FOR A MONETARY FORFEITURE of eleven thousand dollars ($11,000) for violation of Section 303(q) of the Act and Sections 17.48(a), 17.51(a), and 17.57 of the Rules.
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 Memorandum Opinion and 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.
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 send electronic notification of payment to SCR-Response@fcc.gov on the date said payment is made. 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 that should be followed based on the form of payment selected:
* 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.
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, DC 20554. Questions regarding payment procedures should be directed to the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order shall be sent by first class mail and certified mail, return receipt requested, to Latin Broadcasting Company, 301 Ashworth Rd., West Des Moines, IA 50265 and to its counsel, David Tillotson, 4606 Charleston Terrace, NW, Washington, DC 20007-1911.
*
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director
South Central Region
Enforcement Bureau