FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,875
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Federal Communications Commission
B. Proposed Forfeiture Amount and Reporting Requirement
6. Pursuant to the Commission's Forfeiture Policy Statement and Section 1.80 of the Rules,9
the base forfeiture amount for operation without an instrument of authorization is $10,000.0 In assessing
the monetary forfeiture amount, we must also take into account the statutory factors set forth in Section
503(b)2)(E) of the Act, which include the nature, circumstances, extent, and gravity of the violations, 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." Applying the Forfeiture Policy Statement, Section 1.80 of the Rules,
and the statutory factors to the instant case, we find no downward adjustments are warranted and conclude
that AERCO is apparently liable for a forfeiture of $10,000 for operation of an unlicensed STL.
7. We also direct AERCO to submit a written statement, pursuant to Section 1.16 of the
Rules,'2 signed under penalty of perjury by an officer or director of AERCO, stating that it is operating
Station WSJU-TV and its associated STL in compliance with Section 301 of the Act,'3 and detailing the
specific actions taken by AERCO to come into compliance. This statement must be provided to the San
Juan Office at the address listed in paragraph 13, below, within thirty (30) calendar days of the release date
of this NAL.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications
Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules,
AERCO Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act.'4
9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's rules,
within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture and
Order, AERCO Broadcasting Corporation SHALL PAY the full amount of the proposed forfeiture or
SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.
10. IT IS FURTHER ORDERED that AERCO Broadcasting Corporation SHALL SUBMIT
a statement as described in paragraph 7, above, to the San Juan Office within thirty (30) calendar days of the
release date of this Notice of Apparent Liability for Forfeiture and Order. The statement must be mailed to
Federal Communications Commission, Enforcement Bureau, South Central Region, San Juan Office, U.S.
9 The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons. denied,
15 FCC Rcd 303 (1999); 47 C.F.R. 1.80.
10 The Enforcement Bureau has determined that unauthorized operation in any of the licensed services is a serious
violation and will merit the base forfeiture of $10,000 prior to the application of the adjustment criteria listed in
Section 503(bX2)(E) of the Act. See BASF Corporation, Notice of Apparent Liability for Forfeiture, 25 FCC Rcd
17300, 17302-03, paras. 9-11 (Enf. Bur. 2010) (applying the $10,000 base forfeiture for unauthorized operation of a
station in the Private Land Mobile Radio Service, then upwardly adjusting the total forfeiture to $25,000 for that
violation and for failure to file a timely renewal application for the station).
" 47 U.S.C. 503(b)(2)(E).
12 47 C.F.R. 1.16.
" 47 U.S.C. 301.
" 47 U.S.C. 301, 503(b); 47 C.F.R. 0.111, 0.204, 0.311,0.314, 1.80.
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012, book, August 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133015/m1/42/: accessed January 24, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.