Federal Communications Commission DA 07-465
Before the
Federal Communications Commission
Washington, D.C. 20554
In re Application of  
Ray R. Silva
For Renewal of License for
Station KMXO(AM)
Merkel, Texas
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Facility I.D. No. 55244
NAL/Acct. No. MB-200741410145
FRN:  0005077110
File No. BR-20050531BPU
MEMORANDUM OPINION AND ORDER 
AND
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted:  January 31, 2007 Released:  February 2, 2007
By the Chief, Media Bureau:
I.          INTRODUCTION
1. The Commission has before it the captioned application of Ray R. Silva (the Licensee) 
for renewal of the license for Station KMXO(AM), Merkel, Texas (the Station).  In this Memorandum 
Opinion and Order and Notice of Apparent Liability for Forfeiture (NAL) issued pursuant to Sections 
309(k) and 503(b) of the Communications Act of 1934, as amended (the Act), and Section 1.80 of the 
Commissions Rules (the Rules),1 by the Chief, Media Bureau by authority delegated under Section 
0.283 of the Rules,2 we find that the Licensee apparently willfully violated Section 73.3539 of the Rules3
by failing to timely file a license renewal application for the Station.  Based upon our review of the facts 
and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture 
in the amount of one thousand five hundred dollars ($1,500), and we grant the captioned KMXO(AM) 
renewal application.
II.       BACKGROUND
2. Section 73.3539(a) of the Rules requires that applications for renewal of license for 
broadcast stations must be filed not later than the first day of the fourth full calendar month prior to the 
expiration date of the license sought to be renewed.4 An application for renewal of the Stations license 
should have been filed by April 1, 2005, four months prior to the Stations August 1, 2005, license 
expiration date,5 but was not.  In fact, the Licensee did not file the renewal application until May 31, 
2005.  The Licensee provides no explanation for the untimely filing of the renewal application.  
  
1 47 U.S.C.  309(k), 503(b); 47 C.F.R.  1.80.
2 See 47 C.F.R.  0.283.
3 See 47 C.F.R.  73.3539.
4 47 C.F.R.  73.3539(a).
5 See 47 C.F.R.  73.1020, 73.3539(a).
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III.         DISCUSSION
3. Proposed Forfeiture.   In this case, the record indicates that the Licensee has failed to 
timely file a license renewal application for the Station, as required by Section 73.3539(a) of the Rules.  
Moreover, as noted above, the Licensee did not provide an explanation for the late filing.  
4. This NAL is issued pursuant to Section 503(b)(1)(B) of the Act.  Under that provision, any 
person who is determined by the Commission to have willfully or repeatedly failed to comply with any 
provision of the Act or any rule, regulation, or order issued by the Commission shall be liable to the 
United States for a forfeiture penalty.6 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.7 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,8 and the Commission has so interpreted the term in the Section 
503(b) context.9 Section 312(f)(2) 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.10  
5. The Commission's Forfeiture Policy Statement and Section 1.80(b)(4) of the Rules 
establish a base forfeiture amount of $3,000 for the failure to file a required form.11  In determining the 
appropriate forfeiture amount, we must consider the factors enumerated in Section 503(b)(2)(D) of the 
Act, including "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 such other matters as 
justice may require."12
6. In this case, the Licensee failed to timely file the KMXO(AM) renewal application.  
Taking into consideration this fact, including the fact that the renewal application was filed prior to 
expiration of the Stations license, and all of the factors required by Section 503(b)(2)(D) of the Act13 and 
the Forfeiture Policy Statement, we will reduce the forfeiture from the base amount to $1,500 for the late 
filing.    
7. License Renewal Application. In evaluating an application for license renewal, the 
Commissions decision is governed by Section 309(k) of the Act.14 That section provides that if, upon 
consideration of the application and pleadings, we find that (1) the station has served the public interest, 
convenience, and necessity; (2) there have been no serious violations of the Act or the Rules; and (3) 
  
6 47 U.S.C.  503(b)(1)(B).  See also 47 C.F.R.  1.80(a)(1).
7 47 U.S.C.  312(f)(1).
8 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
9 See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).
10 47 U.S.C.  312(f)(2). 
11 See Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules to Incorporate the Forfeiture 
Guidelines, Report and Order, 12 FCC Rcd 17087, 17113-15 (1997) ("Forfeiture Policy Statement"), recon. denied,
15 FCC Rcd 303 (1999); 47 C.F.R.  1.80(b)(4), note to paragraph (b)(4), Section I. 
12 47 U.S.C.  503(b)(2)(D); see also Forfeiture Policy Statement, 12 FCC Rcd at 17100; 47 C.F.R.  1.80(b)(4).
13 47 U.S.C.  503(b)(2)(D).
14 47 U.S.C.  309(k).
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there have been no other violations which, taken together, constitute a pattern of abuse, we are to grant 
the renewal application.15 If, however, the licensee fails to meet that standard, the Commission may deny 
the application  after notice and opportunity for a hearing under Section 309(e) of the Act  or grant the 
application on terms and conditions that are appropriate, including a renewal for a term less than the 
maximum otherwise permitted.16
8. We find that the Licensees apparent violation of Section 73.3539 of the Rules does not 
constitute a serious violation warranting designation for evidentiary hearing.  Moreover, we find no 
evidence of violations that, when considered together, evidence a pattern of abuse.17  Further, we find that
Station KMXO(AM) served the public interest, convenience, and necessity during the subject license 
term. We will therefore grant the license renewal application below.
IV.      ORDERING CLAUSES  
9. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 
1934, as amended, and Section 1.80 of the Commissions Rules, that Ray Silva is hereby NOTIFIED of 
his APPARENT LIABILITY FOR FORFEITURE in the amount of one thousand five hundred dollars 
($1,500) for his apparent willful violation of Section 73.3539 of the Commissions Rules. 
10. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commissions Rules, that, 
within thirty (30) days of the release date of this NAL, Ray Silva SHALL PAY the full amount of the 
proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed 
forfeiture.  
11. Payment of the proposed 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, at P.O. Box 358340, Pittsburgh, Pennsylvania 15251-8340.  Payment by overnight mail may 
be sent to Mellon Bank/LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, Pennsylvania 15251.  
Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and 
account number 911-6106. 
12.  The response, if any, must be mailed to Office of the Secretary, Federal Communications 
Commission, 445 12th Street, S.W., Washington D.C. 20554, ATTN: Peter H. Doyle, Chief, Audio 
Division, Media Bureau, and MUST INCLUDE the NAL/Acct. No. referenced above.
13.  The Commission will not consider reducing or canceling a forfeiture in response to a 
claim of inability to pay unless the respondent submits: (1) federal tax returns for the most recent three-
year period; (2) financial statements prepared according to generally accepted accounting practices 
  
15 47 U.S.C.  309(k)(1).  The renewal standard was amended to read as described by Section 204(a) of the 
Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996).   See Implementation of Sections 
204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), Order, 11 FCC 
Rcd 6363 (1996).
16 47 U.S.C.  309(k)(2), 309(k)(3).
17 For example, we do not find here that the Licensee's Station operation "was conducted in an exceedingly careless, 
inept and negligent manner and that the licensee is either incapable of correcting or unwilling to correct the 
operating deficiencies." See Heart of the Black Hills Stations, Decision, 32 FCC 2d 196, 198 (1971).   Nor do we 
find on the record here that "the number, nature and extent" of the violations indicate that "the licensee cannot be 
relied upon to operate [the station] in the future in accordance with the requirements of its licenses and the 
Commission's Rules." Heart of the Black Hills Stations, 32 FCC 2d at 200.  See also Center for Study and 
Application of Black Economic Development, Hearing Designation Order, 6 FCC Rcd 4622 (1991); Calvary 
Educational Broadcasting Network, Inc., Hearing Designation Order, 7 FCC Rcd 4037 (1992).
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(GAAP); or (3) some other reliable and objective documentation that accurately reflects the 
respondents current financial status.  Any claim of inability to pay must specifically identify the basis for 
the claim by reference to the financial documentation submitted. 
14.  Requests for full payment of the forfeiture proposed in this NAL under the installment 
plan should be sent to: Associate Managing Director-Financial Operations, 445 12th Street, S.W., Room 
1-A625, Washington, D.C. 20554.18
15.  IT IS FURTHER ORDERED, pursuant to Section 309(k) of the Communications Act of 
1934, as amended, that the license renewal application of Ray R. Silva for Station KMXO(AM), Merkel,
Texas (File No. BR-20050531BPU) IS GRANTED.
16. IT IS FURTHER ORDERED that copies of this NAL shall be sent by First Class and 
Certified Mail, Return Receipt Requested, to Ray Silva, 604 N. 2nd Street, Merkel, Texas 79536 and to his 
representative, Zacarias Serrato, P.O. Box 523, Merkel, Texas 79536.
FEDERAL COMMUNICATIONS COMMISSION 
Monica Shah Desai
Chief, Media Bureau
  
18 See 47 C.F.R.  1.1914.