The FCC admonished Vision Latina Broadcasting for not maintaining a complete public inspection file. The former licensee of KBPO(AM), Port Neches, Texas, was spared a possible $25,000 fine, because of limited financial resources.
However, the agency warned the company that future violations could result in substantial penalties, regardless of its financial situation.
The case began in 2010, when agents from the Enforcement Bureau’s Houston office inspected KBPO, and found all the issues/program lists were missing from the public inspection file. The Enforcement Bureau issued two Notices of Apparent Liability for Forfeiture, one for the missing files, and another for what it said was the broadcaster’s incomplete response.
Vision Latina had asserted the station had logs explaining what aired, but not the program files. The company also told the FCC it had a consultant review the public inspection file and believed that was complete.
In 2012, the bureau determined if Vision Latina had exercised “even minimal diligence” before submitting its certification, the broadcaster wouldn’t have submitted incorrect information. Vision Latina then told the agency it believed the company was being diligent by hiring an outside expert to review the file, and then checking to make sure the consultant actually performed the work.
Based on the new information, the Enforcement Bureau agreed the broadcaster was not negligent in the information it provided. However, the FCC determined the broadcaster still broke the rules.
Based on financial records Vision Latina submitted proving financial hardship, the commission this week decided not to impose a monetary fine.