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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
                                            )                                
     In the Matter of                           File No.: EB-11-SJ-0049      
                                            )                                
     Hacienda San Eladio, Inc.                  NAL/Acct. No.:               
                                            )   201232680002                 
     Owner of Antenna Structure # 1222789                                    
                                            )   FRN: 0008032708              
     Juncos, Puerto Rico                                                     
                                            )                                
                                                                             
                                            )                                


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: February 27, 2012 Released: February 27, 2012

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that Hacienda San Eladio Inc. (Hacienda), owner of antenna
       structure number 1222789 (the Antenna Structure), located in Juncos, 
       Puerto Rico, apparently willfully and repeatedly violated Section
       17.57  of the Commission's rules (Rules) by failing to notify the
       Commission upon a change in ownership information for the Antenna
       Structure. We conclude that Hacienda is apparently liable for a
       forfeiture in the amount of four thousand five hundred dollars
       ($4,500). In addition, we direct Hacienda to submit, no later than
       thirty (30) calendar days from the date of this NAL, a statement
       signed under penalty of perjury stating that updated ownership
       information for the Antenna Structure has been submitted to the
       Commission.

   II. BACKGROUND

    2. According to a radio station purchase agreement submitted to the
       Commission by Radio Emanuel, Inc. (Radio Emanuel), Hacienda acquired
       an AM broadcast station, Station WRRE, and a
       300 foot tower in Juncos, Puerto Rico from Radio Emanuel on April 16,
       2003. Although antenna structure number 1222789 was not specifically
       listed in the agreement, the Antenna Structure is located in Juncos,
       Puerto Rico and is the location of Station WRRE's radio transmitter.
       Commission records show no other antenna structure in Juncos, Puerto
       Rico owned by Hacienda or Radio Emanuel. As of January 23, 2012, the
       Commission's Antenna Structure Registration database listed Radio
       Emanuel as the owner of the Antenna Structure.

   III. DISCUSSION

    3. Section 503(b) 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 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 Update Ownership Information for the Antenna Structure

    4. 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. According to Commission records, Hacienda acquired the
       Antenna Structure on April 16, 2003. As of January 23, 2012, Hacienda
       still had not filed the required FCC Form 854 to update the Antenna
       Structure's ownership. Based on the evidence before us, we find that
       Hacienda  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.

   B. Proposed Forfeiture and Reporting Requirement

    5. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount 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. Because Hacienda has failed to notify the Commission
       regarding the change in ownership for over eight years, we find this
       violation particularly egregious and warranting an upward adjustment
       of $1,500. Maintaining current ownership contact information in the
       Antenna Structure Registration 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. Applying the Forfeiture Policy Statement, Section 1.80 of
       the Rules, and the statutory factors to the instant case, we conclude
       that Hacienda is apparently liable for a forfeiture in the amount of
       $4,500.

    6. We direct Hacienda to submit a written statement pursuant to Section
       1.16 of the Rules signed under penalty of perjury by an officer or
       director of Hacienda stating that it has submitted an FCC Form 854 to
       the Commission to update the ownership information for the Antenna
       Structure. This statement must be provided to the San Juan Office at
       the address listed in paragraph 11 within thirty (30) calendar days of
       the release date of this NAL.

   IV. ORDERING CLAUSES

    7. 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, Hacienda San Eladio,
       Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
       the amount of four  thousand five hundred dollars ($4,500) for
       violation of Section 17.57 of the Commission's rules.

    8. 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,
       Hacienda San Eladio, Inc. SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

    9. IT IS FURTHER ORDERED that Hacienda San Eladio, Inc. SHALL SUBMIT a
       statement as described in paragraph 6 to the San Juan Office within
       thirty (30) calendar days of the release date of this Notice of
       Apparent Liability for Forfeiture and Order.

   10. 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
       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. Hacienda San Eladio,
       Inc. shall send electronic notification on the date said payment is
       made to  SCR-Response@fcc.gov.

   11. 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, San Juan Office, U.S. Federal Building, Room 762, Hato
       Rey, PR 00918 and include the NAL/Acct. No. referenced in the caption.
       Hacienda San Eladio, Inc. also shall email the written response to
       SCR-Response@fcc.gov.

   12. 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.

   13. 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 Hacienda San Eladio, Inc.  at
       PO Box 437, Rio Blanco, PR 00744-0437.

   FEDERAL COMMUNICATIONS COMMISSION

   William Berry

   Resident Agent

   San Juan Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 17.57.

   See Radio Station Purchase Agreement, Exhibit 5 to File No.
   BAL-20030221AAP.

   The Antenna Structure is also 95.7 meters or 314 feet in overall height
   above ground. See Antenna Structure Registration database for antenna
   structure number 1222789.

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

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

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

   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 C.F.R. S: 17.57.

   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 U.S. Jetting, Inc., Notice of Apparent Liability for Forfeiture and
   Order, DA 12-63 (Enf. Bur. rel. Jan. 20, 2012) (upwardly adjusting
   forfeiture amount due to length of apparent violation).

   47 C.F.R. S: 1.16.

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80,
   17.57.

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

   47 C.F.R. S:S: 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 12-281

                                       4

   Federal Communications Commission DA 12-281