Federal Communications Commission DA 08-505
 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of 
Hispanic-Multicultural Broadcasting Association
Licensee of Station WJRN-LP
Summerfield, FL
Facility ID # 133510
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File Number: EB-06-TP-169
NAL/Acct. No.  200732700007
FRN: 0010330488
FORFEITURE ORDER
Adopted:  March 5, 2008 Released:  March 7, 2008
By the Regional Director, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of six 
thousand four hundred dollars ($6,400) to Hispanic-Multicultural Broadcasting Association (“Hispanic”), 
licensee of station WJRN-LP, Summerfield, Florida, for repeated violation of Section 11.35(a) of the 
Commission's Rules (“Rules”).1 The noted violations involve Hispanic’s failure to install an Emergency 
Alert System (“EAS”) decoder.  
II.  BACKGROUND
2. On August 30, 2006, agents from the Commission’s Tampa Office of the Enforcement 
Bureau (“Tampa Office”) conducted an inspection of station WJRN-LP at its main studio in Summerfield, 
Florida.  The agents found the station had not installed an EAS decoder.  At the time of inspection, the 
station manager admitted that the station did not have an EAS decoder and stated he was not aware that the 
station was required to have one.
3. On January 23, 2007, the Tampa Office issued a Notice of Apparent Liability for 
Forfeiture to Hispanic in the amount of eight thousand dollars ($8,000), for the apparent repeated 
violation of Section 11.35(a) of the Rules.2 Hispanic submitted a response the NAL requesting a reduction 
of the proposed forfeiture.
III. DISCUSSION
4. The proposed forfeiture amounts in this case was assessed in accordance with Section 
503(b) of the Communications Act of 1934, as amended (“Act”),3 Section 1.80 of the Rules,4 and The 
  
1 47 C.F.R. § 11.35(a).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732700007 (Enf. Bur., Tampa Office, January 23, 
2007) (“NAL”).
3 47 U.S.C. § 503(b).
4 47 C.F.R. § 1.80.
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Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) (“Forfeiture 
Policy Statement”).  In examining Hispanic’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.5
5. Section 11.35(a) of the Rules requires Broadcast stations to be responsible for ensuring 
that … EAS Decoders … used as part of the EAS are installed so that the monitoring and transmitting 
functions are available during the times the stations are in operation.6 Section 11.11(a) of the Rules states 
that as of January 1, 1997, low power FM stations are required to have an EAS decoder.7 During an 
inspection when the station was in operation, station WJRN-LP did not have an installed EAS decoder.  
Station personnel were not aware at the time of the inspection that the station was required to have an 
installed EAS decoder.8 There was no evidence that the station had ever installed an EAS decoder at the 
station, and the station’s license was granted May 2, 2005.  In response to the NAL, Hispanic reiterates 
that it wasn’t aware of the EAS decoder requirement and that previously it did not have the financial 
resources to purchase an EAS decoder.  Hispanic states that it has since purchased and installed an EAS 
decoder.  Thus, based on the evidence before us, we find that Hispanic repeatedly9 violated Section 
11.35(a) of the Rules by failing to install an EAS decoder.
 
6. Hispanic also states that imposition of the $8000 forfeiture would pose a financial hardship 
for the station, but it failed to provide financial documentation of its finances with its response to the NAL.  
Hispanic was provided another opportunity to provide corroborating documentation of its finances and 
requested additional time to do so.10 Hispanic subsequently told the Tampa Office that it would pay the 
forfeiture in installments.  However, as of March 4, 2008, Hispanic has neither provided documentation of 
its finances nor entered into an installment payment plan for the proposed forfeiture.  Because Hispanic has 
not provided any documentation of its finances, we are unable to determine whether a reduction of the 
proposed forfeiture on the basis of inability to pay would be appropriate.  
7. Finally, Hispanic requests a reduction of the proposed forfeiture because it has not received 
a prior violation.  We have reviewed our records and reduce the forfeiture to $6,400, based on Hispanic’s 
history of compliance with the Rules.
8. We have examined Hispanic’s response to the NAL pursuant to the statutory factors 
above, and in conjunction with the Forfeiture Policy Statement.  As a result of our review, we conclude 
  
5 47 U.S.C. § 503(b)(2)(E).
6 47 C.F.R. § 11.35(a).
7 47 C.F.R. § 11.11(a).
8 We do not need to address whether this apparent violation was willful, because we find that the apparent violation 
was repeated.  However, “prior knowledge or understanding of the law is unnecessary to a determination of whether 
a violation existed [and] … [t]he Commission also does not consider ignorance of the law a mitigating factor.”  
Profit Enterprises, Inc., 8 FCC Rcd 2846, 2846 (1993), cancelled on other grounds, 12 FCC Rcd 14999 (1997); see 
also Southern California Broadcasting Company, 6 FCC Rcd 4387 (1991). 
9 As provided by 47 U.S.C. § 312(f)(2), a continuous violation is “repeated” if it continues for more than one day.   
The Conference Report for Section 312(f)(2) indicates that Congress intended to apply this definition to Section 503 
of the Act as well as Section 312.  See H.R. Rep. 97th Cong. 2d Sess. 51 (1982).  See Southern California 
Broadcasting Company, 6 FCC Rcd 4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd 10319 at 
fn. 56 (2003).
10 See Letter from Juan Nieves, Hispanic-Multicultural Broadcasting, to Ralph Barlow, District Director, Tampa 
Office, dated March 29, 2007.
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that a reduction of the proposed forfeiture to $6,400 is warranted, based on its history of compliance with 
the Rules.
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications 
Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission’s Rules, Hispanic-
Multicultural Broadcasting Association IS LIABLE FOR A MONETARY FORFEITURE in the 
amount of six thousand four hundred dollars ($6,400) for violation of Section 11.35(a) of the Rules.11
10. 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/Account 
Number and FRN Number referenced above.  Payment by check or money order may be mailed to 
Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.  Payment by 
overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 
Convention Plaza, St. Louis, MO 63101.  Payment[s] by wire transfer may be made to ABA Number 
021030004, receiving bank TREAS/NYC, and account number 27000001.  For payment by credit card, 
an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter 
the NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in 
block number 24A (payment type code).  Requests for full payment under an installment plan should be 
sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, 
Washington, D.C. 20554.  Please contact the Financial Operations Group Help Desk at 1-877-480-3201 
or Email: ARINQUIRIES@fcc.gov with any questions regarding payment procedures. 
11. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and 
Certified Mail Return Receipt Requested to Hispanic-Multicultural Broadcasting Association at its address 
of record.  
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
  
11 47 U.S.C. § 503(b); 47 C.F.R. §§§ 0.111, 0.311, 1.80(f)(4), 11.35(a).