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Hispanic Target Media, Inc.

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Released: October 29, 2013

Federal Communications Commission

DA 13-2061


Before the

Federal Communications Commission

Washington, D.C. 20554

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

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)1 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.2 HTM responded to the NAL
on March 5, 2010 (Response).3 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.4


1 47 C.F.R. § 73.3526(b)–(c).
2 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).
3 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.
4 See Response at 1–4.

Federal Communications Commission

DA 13-2061

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),5 Section 1.80 of the Rules,6 and the
Commission’s Forfeiture Policy Statement.7 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.8 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.9
Section 73.3526(c) of the Rules requires that the file be available for public inspection at any time during
regular business hours.10 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.11 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 $8,000.12


5 47 U.S.C. § 503(b).
6 47 C.F.R. § 1.80.
7 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).
8 47 U.S.C. § 503(b)(2)(E).
9 47 C.F.R. § 73.3526(a)–(b).
10 47 C.F.R. § 73.3526(c).
11 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.
12 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).
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Federal Communications Commission

DA 13-2061

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.13
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.14 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.15 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.16 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:
Ÿ
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.
Ÿ
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.
Ÿ
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. 20554.17 If you have questions regarding payment procedures,


13 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.204, 0.311, 0.314, 1.80(f)(4), 73.3526(b)–(c).
14 47 C.F.R. § 1.80.
15 47 U.S.C. § 504(a).
16 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
17 See 47 C.F.R. § 1.1914.
3

Federal Communications Commission

DA 13-2061

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
4

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