**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                  | * | File Number EB-02-SJ-050      |
|                                   | * |                               |
| Radio X Broadcasting Corp.        | ) | NAL/Acct. No. 200232680008    |
|                                   | * |                               |
| Licensee of Station WXLX, Lajas,  | * | FRN 0003762150                |
| Puerto Rico and Owner of Antenna  |   |                               |
| Structure #1043256 in Cabo Rojo,  | * |                               |
| Puerto Rico                       | * |                               |
|                                   | ) |                               |
| Bayamon, Puerto Rico              | * |                               |
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## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Released:** September 5, 2002

By the Enforcement Bureau, San Juan Office:

**I.** **INTRODUCTION**

1.  In this *Notice of Apparent Liability for Forfeiture* ("*NAL*"), we
    find Radio X Broadcasting Corp., licensee of radio station WXLX,
    Lajas, Puerto Rico, and owner of antenna structure registration
    #1043256 near Cabo Rojo, Puerto Rico, apparently liable for a
    forfeiture in the amount of twenty thousand dollars (\$20,000) for
    willful violation of Section(s) 17.50 and 73.3526(b) of the
    Commission\'s Rules ("Rules").[^1] Specifically, we find Radio X
    Broadcasting Corp. apparently liable for failure to clean and
    repaint its antenna structure to maintain good visibility and for
    not maintaining the station's public inspection file at the main
    studio.

**II. BACKGROUND**

2.  On August 21, 2002, agents of the Commission's San Juan Office
    inspected the antenna structure bearing FCC antenna structure
    registration ("ASR") number 1043256 and located near the
    intersection of Routes 301 and 303, in Cabo Rojo, Puerto Rico. At
    the time of inspection, the structure's aviation orange and white
    paint was extremely faded and chipped reducing visibility of the
    structure. The Commission's ASR database showed this structure is
    owned and registered to Radio X Broadcasting Corp., and that this
    structure is required to be painted.

3.  Still on August 21, 2002, during an inspection of WXLX's main studio
    co-located with its transmitter site, the public inspection file was
    not available for inspection. The operator on duty during the
    inspection stated that the public inspection file was kept at the
    station owner's office in Bayamon, Puerto Rico, over 100 miles from
    the city of license.

**III**. **DISCUSSION**

4.  Radio X Broadcasting Corp.'s antenna structure registration #1043256
    specifies lighting and painting for this structure that includes
    requirements that the structure be painted with alternating aviation
    orange and white bands. Section 17.50 of the Rules requires antenna
    structure owners to clean or repaint the structure as necessary to
    maintain good visibility. On August 21, 2002, Radio X Broadcasting
    Corp.'s antenna structure #1043256 had extremely faded and chipped
    aviation orange and white paint.

5.  Section 73.3526(b) of the Rules requires that the station's public
    inspection file be kept at the main studio location. On August 21,
    2002, during an inspection of WXLX's main studio co-located with its
    transmitter site, the public inspection file was not available for
    inspection.

6.  Based on the evidence before us, we find Radio X Broadcasting Corp.
    willfully[^2] violated Section 17.50 and 73.3526(b) by failing to
    repaint its antenna structure in accordance with the painting
    specifications associated with its antenna structure registration
    #1043256 and failing to keep a public inspection file at its main
    studio location.

7.  Pursuant to Section 1.80(b)(4) of the Rules,[^3] the base forfeiture
    amount for failure to repaint this structure is ten thousand dollars
    (\$10,000) and for failing to have a public inspection file at the
    station's main studio is ten thousand dollars (\$10,000). In
    assessing the monetary forfeiture amount, we must also take into
    account the statutory factors set forth in Section 503(b)(2)(D) of
    the Communications Act of 1934, as amended ("Act"), 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 other such matters as justice
    may require.[^4] Considering the entire record and applying the
    factors listed above, this case warrants a \$20,000 forfeiture.

**IV. ORDERING CLAUSES**

8.  Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
    Act,[^5] and Sections 0.111, 0.311 and 1.80 of the Rules,[^6] Radio
    X Broadcasting Corp. is hereby NOTIFIED of this APPARENT LIABILITY
    FOR A FORFEITURE in the amount of twenty thousand dollars (\$20,000)
    for willful violation of Sections 17.50 and 73.3526(b) of the Rules
    by failing to repaint its antenna structure in accordance with the
    painting specifications associated with its antenna structure
    #1043256 and failing to keep a public inspection file at its main
    studio location..

9.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
    within thirty days of the release date of this *NAL*, Radio X
    Broadcasting Corp. SHALL PAY the full amount of the proposed
    forfeiture or SHALL FILE a written statement seeking reduction or
    cancellation of the proposed forfeiture.

10. Payment of the forfeiture may be made by mailing a check or similar
    instrument, payable to the order of the Federal Communications
    Commission, to the Forfeiture Collection Section, Finance Branch,
    Federal Communications Commission, P.O. Box 73482, Chicago, Illinois
    60673-7482. The payment should note the NAL/Acct. No. and FRN
    referenced above. Requests for payment of the full amount of this
    *NAL* under an installment plan should be sent to: Chief, Revenue
    and Receivables Operations Group, 445 12th Street, S.W., Washington,
    D.C. 20554.[^7]

11. The response, if any, must be mailed to Federal Communications
    Commission, Office of the Secretary, 445 12^th^ Street SW,
    Washington DC 20554, Attn: Enforcement Bureau-Technical & Public
    Safety Division and MUST INCLUDE THE NAL/Acct. No. referenced above.

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 *NAL* shall be sent by
    regular mail and Certified Mail Return Receipt Requested to Radio X
    Broadcasting Corp., HC 67 Box 15390, Bayamon, Puerto Rico
    00956-9535.

FEDERAL COMMUNICATIONS COMMISSION

William Berry

###  San Juan Office, Enforcement Bureau

[^1]: 47 C.F.R. §§ 17.50 and 73.3526(b).

[^2]: 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', when used
    with reference to the commission or omission of any act, means the
    conscious and deliberate commission or omission of such act,
    irrespective of any intent to violate any provision of this Act . .
    . ." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387-88
    (1991).

[^3]: 47 C.F.R. § 1.80(b)(4).

[^4]: 47 U.S.C. § 503(b)(2)(D).

[^5]: 47 U.S.C. § 503(b).

[^6]: 47 C.F.R. §§ 0.111, 0.311, 1.80.

[^7]: *See* 47 C.F.R. § 1.1914.