**DA 07-4010**

September 24, 2007

**[CERTIFIED MAIL -- RETURN RECEIPT REQUESTED]{.underline}**

Broadcast Media Satellite, Inc.

46 Angel Bounomo Street

Industrial Area Tres Monjitas

Hato Rey, PR 00918

Re: Call Sign: PF000001

File No.: IPF-LIC-20000403-00001

Dear Sir or Madam:

On September 22, 2000, Broadcast Media Satellite, Inc. (BMS) was granted
the above-captioned license to operate facilities 4.5 miles southeast of
Rincon, Puerto Rico, in the International Fixed Public Radio Service
(IFPRS). For the reasons set forth below, we direct BMS to show cause
why the license captioned above should not be revoked pursuant to
Section 312 and/or Section 9(c)(3) of the Communications Act, 47 U.S.C.
§§ 312, 159(c)(3).

Section 312(a)(3) of the Communications Act, 47 U.S.C. § 312(a)(3),
authorizes the Commission to revoke any license \"for willful or
repeated failure to operate substantially as set forth in the license.\"
For several reasons, it appears to us that BMS has permanently
discontinued its operations. First, the Commission\'s San Juan Resident
Field Agent attempted to contact BMS by telephone during the last week
of July 2007, and found that its telephone service had been disconnected
at the contact number associated with its license. The San Juan Resident
Field Agent also visited the authorized control point at the address
listed in the BMS license, and found no one there that was in any way
associated with or familiar with BMS. In addition, on August 1, 2007,
the San Juan Resident Field Agent visited BMS\'s transmitter site, and
found no antenna pointing toward the Dominican Republic as specified in
the license captioned above. Further, he did not detect any
transmissions on the frequency bands assigned to BMS. Finally, on July
31, 2007, we sent BMS a letter asking it to inform us of the current
status of its facilities no later than August 15, 2007. We stated
specifically that, if BMS did not respond to that letter, we will
interpret that as a surrender of its license. That letter was returned
to us as undeliverable to the address provided as the BMS contact
address in its application. By appearing to have permanently
discontinued its operations, BMS has given us cause to conclude that it
has willfully failed to operate as set forth in its license as of the
start of that discontinuation.

In addition, Section 312(a)(4) of the Communications Act, 47 U.S.C. §
312(a)(4), authorizes the Commission to revoke any license \"for willful
or repeated violation of, or willful or repeated failure to observe any
provision of \[the Communications Act\] or any rule or regulation of the
Commission authorized by this Act.\" It appears that BMS is in violation
of Section 23.49 of the Commission\'s Rules, 47 C.F.R. § 23.49. Section
23.49 requires each IFPRS licensee wishing to discontinue its operations
permanently to notify the San Juan Resident Field Agent, and to send its
station license to the Commission Office in Washington, D.C.[^1] We have
no record of BMS\'s notification to the San Juan Resident Field Agent,
nor have we received its license. Moreover, Section 1.5 of the
Commission\'s Rules, 47 C.F.R. § 1.5, requires all licensees to furnish
the Commission with a current address for serving documents or directing
correspondence to each licensee. Since the Commission\'s Letter of July
31 was returned, it appears that BMS has failed to observe this
requirement.

If BMS has not discontinued its operations, then it appears that it may
be in violation of several other rules. First, Section 23.44 of the
Commission\'s Rules, 47 C.F.R. § 23.44, requires all IFPRS licensees to
make their stations available for inspection by representatives of the
Commission at any reasonable hour. By failing to furnish the current
address of its facilities, BMS has failed to allow a Commission
representative to inspect those facilities. Furthermore, without
inspecting BMS\'s facilities, we cannot determine whether it has
maintained station records in compliance with Sections 1.6, 23.47 and
23.48 of the Commission\'s Rules, 47 C.F.R. §§ 1.6, 23.47, 23.48, nor
can we verify that it has posted its station license and station
operator license in compliance with Sections 23.36 and 23.45 of the
Commission\'s Rules, 47 C.F.R. §§ 23.36, 23.45.

Notwithstanding Sections 312(a)(3) and (4) of the Communications Act
discussed above, Sections 9(c)(3) and 9(g) of the Communications Act, 47
U.S.C. §§ 159(c)(3), 159(g), and Sections 1.1156 and 1.1164(f) of the
Commission\'s Rules, 47 C.F.R. §§ 1.1156, 1.1164(f), provide separate
and independent grounds for revocation of BMS\'s license captioned
above. Section 9(g) of the Communications Act, 47 U.S.C. § 159(g),
requires the Commission to impose regulatory fees on its regulated
entities, including IFPRS licensees. Pursuant to that Congressional
mandate, the Commission has adopted Section 1.1156 of the Commission\'s
Rules, 47 C.F.R. § 1.1156, establishing an annual regulatory fee of \$
1925.00 for IFPRS licensees. Our records do not show that BMS has paid
any of its regulatory fees due for the 2005-06 fiscal year.

Accordingly, we require BMS to provide documented evidence within 60
days of the date of this letter that, contrary to the facts discussed
above, BMS has not ceased operation of its facilities substantially as
set forth in its license, that it has not violated or failed to observe
any provision in the Communications Act or any Commission Rule, and that
payment of its regulatory fees is not past due. In addition, BMS is
required to pay any past-due regulatory fees, plus penalties as set
forth in Section 1.1164(a) of the Commission\'s Rules, 47 C.F.R. §
1.1164(a), or show cause why the payment is inapplicable or should be
waived or deferred. Failure to provide such evidence will result in
cancellation of the license captioned above. Please send your response
to the San Juan Field Agent with a copy to the Satellite Division Chief
at the addresses below, no later than 60 calendar days after the date of
this letter.

FCC San Juan Resident Field Agent

762 Federal Building

Hato Rey, PR, 00918

Robert G. Nelson

Chief, Satellite Division

International Bureau

Federal Communications Commission

445 12^th^ Street, S.W., Room 6-A665

Washington, DC 20554

We issue this show cause order pursuant to Sections 312(c) and 9(c)(3)
of the Communications Act, 47 U.S.C. §§ 312(c), 159(c)(3), Sections 1.91
and 1.1164(f) of the Commission\'s Rules, 47 C.F.R. §§ 1.91, 1.1164(f),
and Sections 0.51(c), 0.51(d), and 0.261(a)(15) of the Commission's
Rules on delegations of authority, 47 C.F.R.§§ 0.51(c), 0.51(d),
0.261(a)(15).

Sincerely,

Robert G. Nelson

Chief, Satellite Division

International Bureau

cc: Keller and Heckman, LLC

1001 G Street, N.W., Suite 500 West

Washington, DC 20001

[^1]: Section 23.49 requires licensees to provide notification of
    discontinuances in operation to \"the Engineer in Charge of the
    district where such station is located.\" The functions of the
    Engineer in Charge are now performed by the Enforcement Bureau\'s
    District Directors and Resident Field Agents. *See* Section 0.314 of
    the Commission\'s Rules, 47 C.F.R. § 0.314.