Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | File Number EB-06-SJ-005     |
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| Hacienda San Eladio, Inc.        | ) | NAL/Acct. No.200632680004    |
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| Licensee of Station WRRE         | * | FRN 0008032708               |
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| P.O. Box 1460                    | * |                              |
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| Las Piedras, PR 00771-1460       | ) |                              |
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| Facility ID \# 54564             | * |                              |
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## FORFEITURE ORDER

**Adopted:** September 26, 2006 **Released:** September 28, 2006

By the Regional Director, South Central Region, Enforcement Bureau:

I.  **INTRODUCTION**

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1.  In this *Forfeiture Order* ("*Order*"), we issue a monetary
    forfeiture in the amount of eight thousand eight hundred dollars
    (\$8,800) to Hacienda San Eladio, Inc. ("Hacienda"), licensee of
    station WRRE in Juncos, Puerto Rico, for willful and repeated
    violation of Sections 73.1350(a) and 73.3526 of the Commission's
    Rules ("Rules").[^1] The noted violations involve Hacienda's failure
    to operate its station in accordance with the terms of its station
    authorization and its failure to maintain a complete public
    inspection file.

**II. BACKGROUND**

2.  On February 8, 2006, agents from the Commission's San Juan Office of
    the Enforcement Bureau ("San Juan Office") conducted an inspection
    of station WRRE located in Juncos, Puerto Rico. The agents found
    that the station's public file did not contain any radio
    issues/programs lists. WRRE's station authorization requires that
    the station utilize a two-tower directional array during the day and
    night. The agents found the station operating in non-directional
    mode. The station's engineer stated that the station had been
    operating in omni-directional mode for more than one year. The
    agents found no evidence that special temporary authority had been
    sought or granted to authorize omni-directional operation.

3.  On May 3, 2006, the Resident Agent of the San Juan Office issued a
    *Notice of Apparent Liability for Forfeiture* ("*NAL*") in the
    amount of \$11,000 to Hacienda.[^2] Hacienda filed a response to the
    *NAL* dated June 1, 2006.

**III. DISCUSSION**

4.  The proposed forfeiture amount in this case was assessed in
    accordance with Section 503(b) of the Act,[^3] Section 1.80 of the
    Rules,[^4] and *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines*.[^5] In examining Hacienda'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.[^6]

5.  Section 73.1350(a) of the Rules states that each licensee is
    responsible for maintaining and operating its broadcast station in a
    manner which complies with the technical rules set forth elsewhere
    in this part and in accordance with the terms of the station
    authorization. WRRE's station authorization requires that the
    station utilize a two-tower directional array during the day and
    night. On February 8, 2006, WRRE was operating in non-directional
    mode. The station's engineer stated during the inspection that
    station WRRE had been transmitting with a non-directional pattern
    for more than a year.

6.  Section 73.3526(a)(2) of the Rules requires commercial broadcast
    stations to maintain for public inspection, a file containing
    materials listed in that section.[^7] Section 73.3526(e)(12)
    requires licensees to place in the public inspection file, for each
    calendar quarter, a list of the programs that have provided the
    station's most significant treatment of community issues during the
    preceding three month period.[^8] Copies of these lists must be
    maintained in the file until final action has been taken on the
    station's next renewal application. On February 8, 2006, in response
    to a request to inspect the station's public file, the station could
    not produce any radio issues/programs lists.

7.  In its response to the *NAL*, Hacienda does not deny that the
    violations occurred. Based on the evidence before us, we find that
    Hacienda willfully[^9] and repeatedly[^10] violated Sections
    73.1350(a) and 73.3526 of the Rules by failing to operate its
    station in accordance with the terms of the station authorization
    and failing to maintain a complete public inspection file for public
    inspection.

8.  In its response to the *NAL*, Hacienda requests that the forfeiture
    be cancelled or reduced based on its efforts to comply with the
    Rules and its overall history of compliance with the Rules. Hacienda
    argues that following the inspection it promptly hired an engineer
    to inspect its equipment and applied for special temporary authority
    to operate. Hacienda also asserts that it has taken steps to ensure
    its public file is complete. Corrective action taken to come into
    compliance with the Rules and cooperation with agents is expected,
    and does not nullify or mitigate any prior forfeitures or
    violations.[^11] However, we have reviewed Hacienda's record and
    conclude a reduction of the forfeiture to \$8,800 based on history
    of compliance is appropriate.

9.  We have examined Hacienda's response to the *NAL* pursuant to the
    statutory factors above, and in conjunction with the *Forfeiture
    Policy Statement*. We find no basis for cancellation of the
    forfeiture, but do find that reduction of the forfeiture amount from
    \$11,000 to \$8,800 based on Hacienda's history of compliance is
    appropriate.

**IV. ORDERING CLAUSES**

10. **ACCORDINGLY,** **IT IS ORDERED** that, pursuant to Section 503(b)
    of the Communications Act of 1934, as amended,[^12] and Sections
    0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,[^13] Hacienda
    San Eladio, Inc. **IS LIABLE FOR A MONETARY FORFEITURE** in the
    amount of \$8,800 for violation of Sections 73.1350(a) and 73.3526
    of the Rules.

11. Payment of the forfeiture shall be made in the manner provided for
    in Section 1.80 of the Rules within 30 days of the release of this
    *Order*. If the forfeiture is not paid within the period specified,
    the case may be referred to the Department of Justice for collection
    pursuant to Section 504(a) of the Act.[^14] Payment of the
    forfeiture must be made by check or similar instrument, payable to
    the order of the Federal Communications Commission.  The payment
    must include the NAL/Acct. No. and FRN No. referenced above. 
    Payment by check or money order may be mailed to Federal
    Communications Commission, P.O. Box 358340, Pittsburgh, PA
    15251-8340.  Payment by overnight mail may be sent to Mellon
    Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
    15251.   Payment by wire transfer may be made to ABA
    Number 043000261, receiving bank Mellon Bank, and account
    number 911-6106. Requests for full payment under an installment plan
    should be sent to: Associate Managing Director, Financial
    Operations, 445 12th Street, S.W., Room 1A625, Washington, D.C.
    20554.[^15]

12. **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by First Class Mail and Certified Mail Return Receipt Requested to
    Hacienda San Eladio, Inc. at its address of record; and an
    additional copy to Hacienda's legal counsel, Frank R. Montero,
    Fletcher, Heald & Hildreth, PLC, 1300 North 17^th^ St., 11^th^
    Floor, Arlington, VA 22209.

**FEDERAL COMMUNICATIONS COMMISSION**

Dennis P. Carlton

Regional Director, South Central Region

Enforcement Bureau

[^1]: 47 C.F.R. §§ 73.1350(a), 73.3526.

[^2]: *Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    200632680004 (Enf. Bur., San Juan Office, released May 3, 2006).

[^3]: 47 U.S.C. § 503(b).

[^4]: 47 C.F.R. § 1.80.

[^5]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999)
    ("*Forfeiture Policy Statement*").

[^6]: 47 U.S.C. § 503(b)(2)(D).

[^7]: 47 C.F.R. § 73.3526(a)(2).

[^8]: 47 C.F.R. § 73.3526(e)(12).

[^9]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to violations for which forfeitures are assessed under Section
    503(b) of the Act, provides that "\[t\]he term 'willful,' ... means
    the conscious and deliberate commission or omission of such act,
    irrespective of any intent to violate any provision of this Act or
    any rule or regulation of the Commission authorized by this Act
    ...." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^10]: The 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." 47 U.S.C. § 312(f)(2).

[^11]: *See Seawest Yacht Brokers*, Forfeiture Order, 9 FCC Rcd 6099
    (1994).

[^12]: 47 U.S.C. § 503(b).

[^13]: 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^14]: 47 U.S.C. § 504(a).

[^15]: *See* 47 C.F.R. § 1.1914.