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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                        )                                
                                                                         
                                        )                                
     In the Matter of                                                    
                                        )                                
     Vision Latina Broadcasting, Inc.       File No.: EB-10-HU-0068      
                                        )                                
     Licensee of Station KBPO               NAL/Acct. No.: 201132540003  
                                        )                                
     Port Neches, Texas                     FRN: 0010019115              
                                        )                                
     Facility ID #: 68762                                                
                                        )                                
                                                                         
                                        )                                


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: June 30, 2011 Released: June 30, 2011

   By the Resident Agent, Houston Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Vision Latina Broadcasting, Inc. ("Vision Latina Broadcasting"),
       licensee of Station KBPO, Port Neches,  Texas (the "Station"),
       apparently willfully and repeatedly violated sections 73.1125 and
       73.3526  of the Commission's rules ("Rules") by failing to maintain:
       (1) a main studio with a meaningful staff and management presence; and
       (2) a complete public inspection file and make that file available. We
       conclude that Vision Latina Broadcasting is apparently liable for a
       forfeiture in the amount of twenty-five thousand dollars ($25,000). In
       addition, no later than 30 days from the date of this NAL, Vision
       Latina Broadcasting must submit a statement signed under penalty of
       perjury by an officer or director of the licensee that: (1) Station
       KBPO's main studio is staffed full-time by full-time managerial and
       staff personnel; and (2) Station KBPO's public inspection file is
       complete.

   II. BACKGROUND

    2. On December 2, 2010, in response to a complaint, an agent from the
       Enforcement Bureau's Houston Office ("Houston Office") attempted an
       inspection of Station KBPO's main studio in Port Arthur, Texas. The
       agent stopped by the main studio several times throughout the day,
       including during regular business hours. Each time, the entrance to
       the main studio was locked and no employees were present.

    3. On December 9, 2010, during normal business hours, an agent from the
       Houston Office again attempted an inspection of the main studio. The
       only employee present was an announcer, who stated that Vision Latina
       Broadcasting's President was scheduled to return from Mexico on
       December 13, 2010, and acknowledged that there was no manager at the
       Station. The agent requested to inspect the Station's public
       inspection file, and found that it did not contain a current copy of
       the station authorization, service contour map, the most recent
       ownership report, Public and Broadcasting manual, or any
       issues-programs lists. When the agent inquired about the missing
       documents, the announcer responded that he did not know the location
       of the missing documents and that the company's President would
       provide the missing documents to the agent when he returned from
       Mexico.

    4. Relying on the announcer's claim that the President would be back at
       the Station on December 13, 2010, the agent returned to the Station on
       that date to reattempt an inspection of the Station's main studio.
       During this visit, the agent observed three individuals in the
       broadcast booth. One employee exited the booth and informed the agent
       that Vision Latina Broadcasting's President remained in Mexico and
       would not return until sometime in January 2011. The employee and the
       two other disc jockeys in the booth refused to make any part of the
       public inspection file available for inspection.

   III. DISCUSSION

    5. Section 503(b)(1) of the Communications Act of 1934, as amended
       ("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 to the United States 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. "Repeated" means that the act was
       committed or omitted more than once, or last more than one day.

    6. Section 73.1125(a) of the Rules (known as the "main studio rule")
       requires broadcast stations to maintain a main studio. As the
       Commission has explained, "[a] station must equip the main studio with
       production and transmission facilities that meet applicable standards,
       maintain continuous program transmission capability, and maintain a
       meaningful management and staff presence."  The Commission has defined
       a minimally acceptable "meaningful presence" as full-time managerial
       and full-time staff personnel.  Although management personnel need not
       be "chained to their desks" during normal business hours, they must
       "report to work at the main studio on a daily basis, spend a
       substantial amount of time there and . . . use the studio as a home
       base."

    7. On December 2, 2010, an agent with the Houston Office observed that
       there was no management or staff presence at Station KBPO's main
       studio during normal business hours. On December 9 and 13, 2010, the
       agent observed that there was staff but no management presence at the
       Station's main studio during normal business hours, despite assurances
       from a Station employee that the President of the Station would be at
       the studio on December 13, 2010. Thus, based on the evidence before
       us, we find that Vision Latina Broadcasting willfully and repeatedly
       violated section 73.1125 of the Rules by failing to maintain a main
       studio with a meaningful management and staff presence.

    8. Section 73.3526 of the Rules (known as the "public inspection file
       rule") requires broadcast stations to maintain and make available a
       public inspection file for public inspection at any time during normal
       business hours. On December 9, 2010, an agent from the Houston Office
       inspected the public inspection file for Station KBPO during normal
       business hours. The public inspection file did not contain a current
       station authorization, contour map, ownership report, Public and
       Broadcasting manual or any issues-programs listings. On December 13,
       2010, the agent requested to inspect Station KBPO's public inspection
       file during normal business hours, but the public inspection file was
       not made available at that time. Thus, based on the evidence before
       us, we find that Vision Latina Broadcasting willfully and repeatedly
       violated section 73.3526 of the Rules by failing to maintain and make
       available, during more than one visit, a complete public inspection
       file.

    9. Pursuant to the Commission's Forfeiture Policy Statement and section
       1.80 of the Rules, the base forfeiture amount for failing to maintain
       a main studio with a meaningful staff presence is $7,000, and the base
       forfeiture amount for failing to maintain and make available a
       complete public inspection file is $10,000. 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.

   10. Based upon the facts and circumstances of this case, we conclude that
       upward adjustments of the base forfeiture amounts are warranted
       because the violations were egregious and persistent. The Station
       failed to comply with the main studio requirement during three
       separate visits; and with respect to the public file violation, the
       Station's public file failed to contain multiple materials required to
       be retained during one visit, and the Station failed to provide a
       public file altogether during a subsequent visit. These circumstances
       persisted for a period of time without any apparent Station management
       oversight or efforts to comply. We therefore propose a forfeiture in
       the amount of $10,000 for Vision Latina's willful and repeated
       violation of the main studio rule and $15,000 for Vision Latina
       Broadcasting's willful and repeated violations of the public
       inspection file rule, for a total proposed forfeiture of $25,000.

   11. We direct Vision Latina Broadcasting to submit a statement signed
       under penalty of perjury by an officer or director of Vision Latina
       Broadcasting that: (1) Station KBPO's main studio is staffed full-time
       by full-time managerial and staff personnel (listing the names of the
       staff and manager and the hours and days worked); and (2) Station
       KBPO's public inspection file is complete. This statement must be
       provided to the Houston Office at the address listed in paragraph 16
       within thirty days of the release date of this NAL. Failure to comply
       with this requirement could subject the licensee to additional
       enforcement actions.

   IV. ORDERING CLAUSES

   12. 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, Vision Latina
       Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A
       FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for
       violations of sections 73.1125 and 73.3526  of the Rules.

   13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules,
       within thirty days of the release date of this Notice of Apparent
       Liability for Forfeiture and Order, Vision Latina Broadcasting, Inc.
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   14. IT IS FURTHER ORDERED that Vision Latina Broadcasting, Inc. SHALL
       SUBMIT a statement as described in paragraph 11, supra, to the Houston
       Office within thirty days of the release date of this Notice of
       Apparent Liability for Forfeiture and Order.

   15. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the Account Number and FRN Number
       referenced above. Payment by check or money order may be mailed to
       Federal Communications Commission, P.O. Box 979088, St. Louis, MO
       63197-9000. Payment by overnight mail may be sent to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. Payment by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.8   If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. Vision Latina
       Broadcasting shall send electronic notification on the date said
       payment is made to SCR-Response@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 1.80(f)(3) and 1.16 of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, South
       Central Region, Houston Office, 9597 Jones Road #362, Houston, Texas,
       77065 and include the NAL/Acct. No. referenced in the caption. The
       statement should also be emailed 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 regular mail, to Vision Latina Broadcasting,
       Inc.  at 419 Stadium Road, Port Arthur, Texas, 77642.

   FEDERAL COMMUNICATIONS COMMISSION

   Lee R. Browning

   Resident Agent

   Houston Office

   South Central Region

   Enforcement Bureau

   See 47 C.F.R. S:S: 73.1125, 73.3526.

   See 47 U.S.C. S: 503(b). See also 47 C.F.R. S: 1.80(a)(1).

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

   See H.R. Rep. No. 97-765, 97th 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., Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4388 (1991).

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

   See Southern California Broadcasting, 6 FCC Rcd at 4388; Callais
   Cablevision, 16 FCC Rcd at 1362.

   See 47 C.F.R. S: 73.1125(a).

   Main Studio and Program Origination Rules, Memorandum Opinion and Order, 
   3 FCC Rcd 5024, 5026 (1988).

   Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order, 6
   FCC Rcd 3615, 3616 (1991), clarified,  7 FCC Rcd 6800 (1992).

   Jones Eastern of the Outer Banks, 7 FCC Rcd at 6802.

   See 47 C.F.R. S: 73.3526.

   See 47 C.F.R. 73.3526(e)(1).

   See 47 C.F.R. 73.3526(e)(4).

   See 47 C.F.R. 73.3526(e)(5).

   See 47 C.F.R. 73.3526(e)(8).

   See 47 C.F.R. 73.3526(e)(12).

   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"), recon. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

   See 47 U.S.C. S: 503(b)(2)(E).

   See 47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80,
   73.1125, 73.3526.

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-1123

                                       2

   Federal Communications Commission DA 11-1123