Teleadoracion Christian Network Inc.
Federal Communications Commission
Federal Communications Commission
Washington, D.C. 20554In the Matter of:
Teleadoracion Christian Network Inc.
Licensee of Station WDWL
NAL/Acct. No. 201341420040
Bayamon, Puerto Rico
Facility ID No. 4110
Adopted: October 25, 2013
Released: October 28, 2013By the Chief, Video Division, Media Bureau:
In this Forfeiture Order, issued pursuant to Sections 0.61(f)(1) and 1.80(a)(1) and (2)
of the Commission’s rules,1 we find that Teleadoracion Christian Network, licensee of Station
WDWL, repeatedly violated Section 73.3526(e)(11)(iii) by failing to file timely with the
Commission the Station’s Children’s Television Programming Reports. Based on our review of
the facts and circumstances, we find the Licensee liable for a forfeiture of Twelve Thousand Six
Hundred Dollars ($12,600.00).
The Video Division issued a Notice of Apparent Liability (“NAL”) for Forfeiture on
August 7, 2013.2 The NAL notified the Licensee that the station’s failure to (i) file its Children’s
Television Programming Reports in a timely manner and (ii) publicize the existence and location of
those reports constituted apparent willful or repeated violations of Section 73.3526(e)(11)(iii) of the
Commission’s Rules.3 The Division concluded that the Licensee was apparently liable for a
forfeiture of $14,000.
In a timely response dated August 21, 2013, the Licensee requested that the
proposed forfeitures be reduced.4
The Commission is authorized to license radio and television broadcast stations and
is responsible for enforcing the Commission’s rules and applicable statutory provisions
concerning the operation of those stations. Under section 503(b)(1) of the Act, any person who is
determined by the Commission to have willfully or repeatedly failed to comply with any
1 47 C.F.R. §§ 0.61(f)(1), 1.80(a)(1) & (2).
2 Teleadoracion Christian Network, Inc., Notice of Apparent Liability for Forfeiture, DA 13-1712 (Aug. 7,
3 47 C.F.R. § 73.3526(e)(11)(i).
4 Licensee Response to Notice of Apparent Liability (“Licensee Response”) (Sept. 3, 2013).
Federal Communications Commission DA 13-2074provision of the Act or any rule, regulation, or order issued by the Commission shall be liable to
the United States for a forfeiture penalty.5
In order to impose a forfeiture penalty, the
Commission must issue a notice of apparent liability, the notice must be received, and the person
against whom the notice has been issued must have an opportunity to show, in writing, why no
such penalty should be imposed.6 The Commission will then issue a forfeiture order if it finds by
a preponderance of the evidence that the person has violated the Act or a Commission rule.7 As
we set forth in greater detail below, we conclude that the Licensee is liable for a forfeiture for
repeated violations of Section 73.3526(e)(11)(iii) of the Commission’s rules. We ultimately
conclude that the forfeiture amount should be reduced from $14,000 to $12,600.
The Community Broadcasters Protection Act requires that Class A television stations
comply with all rules applicable to full-power television stations except for those rules that could
not apply for technical or other reasons.8 The Commission rules establish that Class A licensees
must (i) offer informational and educational children’s programming; (ii) prepare and place in a
public inspection file quarterly Children’s Television Programming Reports; and (iii) electronically
file those reports with the Commission.9 Moreover, each Class A television station must prepare
and place in its public inspection file on a quarterly basis an issues/programs list demonstrating
that the station aired programming that meets the needs and interests of its community of license10
and must upload the issues/programs lists to the Commission’s website.11
Commission policy establishes a base forfeiture amount of $3,000 for failure to file a
required form and $10,000 for public file violations.12 In determining the appropriate forfeiture
amount, the Commission may adjust the base amount upward or downward by considering the
factors in Section 503(b)(2)(E), which include “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 such other matters as justice may require.” In the NAL, the Commission
proposed a forfeiture amount of $14,000.
The Licensee admits that it failed file Children’s Television Programming Reports
5 47 U.S.C. § 503(b)(1) (A) & (B); 47 C.F.R. § 1.80(a)(1) & (2). The Commission may assess a forfeiture
order for violations that are merely repeated, and not willful. See, e.g., Callais Cablevision, Inc., Grand Isle,
Louisiana, Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362, (2001) (issuing a
Notice of Apparent Liability for a cable television operator’s repeated violations of the Commission’s signal
leakage rules). “Repeated” means that the act was committed or omitted more than once. Southern
California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).
6 47 U.S.C. § 503(b); 47 C.F.R. § 1.80(f).
7 See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591 (2002).
8 Community Broadcasters Protection Act of 1999, Pub. L. No. 106-113, 113 Stat. Appendix I at pp. 1501A-
594-1501A-598 (1999), codified at 47 U.S.C. § 336(f).
9 Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355,
6366 (2000); 47 C.F.R. § 73.3526 (a)(2) & (e)(11)(iii).
10 47 C.F.R. § 73.3526(e)(11)(i).
11 Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest
Obligations, Report and Order, 27 FCC Rcd at 4568-69; 47 C.F.R. § 73.3526(b)(2); and § 73.3526(e)(17).
12 See Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules to Incorporate the
Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087, 17113-15 (1997), recon. denied, 15 FCC Rcd
303 (1999); 47 C.F.R. § 1.80(b)(4).
Federal Communications Commission DA 13-2074with the Commission in a timely manner and failed to publicize the existence of the reports.13 These
deficiencies, regardless of the cause, constitute repeated violations of the relevant Commission
The Licensee argues that its history of compliance with Commission rules favors a
reduction in the forfeiture amount.14 Given the Licensee’s history of compliance and having
carefully considered the Commission’s Forfeiture Guidelines,15 we reduce the remaining forfeiture
amount to $12,600.
IV. ORDERING CLAUSES9.
ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.61(f)(1) and 1.80(a)(1)&(2) of the
Commission’s rules,16 Teleadoracion Christian Network, Inc. SHALL FORFEIT to the United
States the sum of twelve thousand six hundred dollars ($12,600) for repeatedly violating 47
Payment of the forfeiture shall be made in the manner provided for in Section 1.80
(h) 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 Communications Act of 1934, as amended. The Licensee shall send electronic notification of
the payment to Peter Saharko at email@example.com on the date 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 FCC Form 159, enter the Account Number in block number 23A (call sign/other ID)
and enter the “FORF” in block number 24A (payment type code). 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
13 Licensee Response at 1.
15 12 FCC Rcd 17087.
16 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.61(f)(1) & 1.80(a)(1)&(2).
Federal Communications Commission DA 13-207412.
IT IS FURTHER ORDERED THAT a copy of this FORFEITURE ORDER shall
be sent by Certified Mail Return Receipt Requested to Teleadoracion Christian Network, Inc.,
P.O. Box 50615, Levittown Station, Toa Baja, Puerto Rico, 00950, and to its counsel, Francisco
Montero and Jonathan Markman, Fletcher, Heald & Hildreth, PLC, 1300 17th Street North, 11th
Floor, Arlington, Virginia, 22209-3801.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.