*Pages 1--2 from Microsoft Word - 45166.doc* Federal Communications Commission DA 05- 23 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Pacific Spanish Network, Inc., Holder of Permit to Transmit or Deliver Programming to Foreign Stations ) ) ) ) ) ) File No. EB- 04- SE- 020 NAL/ Acct. No. 200432100012 FRN # 0006146484 FORFEITURE ORDER Adopted: January 6, 2005 Released: January 10, 2005 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of twenty thousand dollars ($ 20,000) against Pacific Spanish Network, Inc., (“ PSN”) for providing program material via the Internet to a Mexican AM broadcast station in willful and repeated substantial violation of the terms and conditions of its authorization granted pursuant to Section 325( c) of the Communications Act of 1934, as amended (the “Act”). 1 2. On July 30, 2004, the Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of $20,000 to PSN. 2 PSN has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503( b) of the Act 3 , and Sections 0.111, 0.311 and 1.80( f)( 4) of the Rules, 4 Pacific Spanish Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars ($ 20,000) for willfully and repeatedly violating the express terms and conditions of its Section 325( c) permit. 4. 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. 5 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 Forfeiture Collection Section, Finance Branch, Federal Communications Commission, P. O. Box 73482, Chicago, Illinois 60673- 7482. Payment by overnight mail may be sent to Bank One/ LB 73482, 525 West Monroe, 8th Floor Mailroom, Chicago, IL 60661. Payment by wire transfer may be made to ABA Number 071000013, receiving bank Bank One, and account number 1165259. Requests for full payment under an installment plan should be 1 47 U. S. C. § 325( c). 2 Pacific Spanish Network, Inc., 19 FCC Rcd 14427 (2004). 3 47 U. S. C. § 503( b). 4 47 C. F. R. §§ 0.111, 0. 311, 1.80( f)( 4). 5 47 U. S. C. § 504( a). 1 Federal Communications Commission DA 05- 23 2 sent to: Chief, Revenue and Receivables Operations Group, 445 12th Street, S. W., Washington, D. C. 20554. 6 5. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by first class mail and certified mail return receipt requested to Jaime Bonilla Valdez, President, Pacific Spanish Network, Inc., 296 H Street, Suite 300, Chula Vista, California 91910, and to counsel, Henry A. Solomon, Esq., Garvey Schubert & Barer, 1000 Potomac Street, N. W., Fifth Floor, Washington, D. C. 20007- 3501. FEDERAL COMMUNICATIONS COMMISSION Joseph P. Casey Chief, Spectrum Enforcement Division Enforcement Bureau 6 See 47 C. F. R. § 1.1914. 2