FCC Upholds Fine Against Alabama Station

Rejects Appeal

The FCC has rejected an appeal by MANUEL HUERTA of a $12,800 fine for a late license renewal, subsequent unauthorized operation, and public file violations at Regional Mexican WJHX-A/LEXINGTON, AL.

HUERTA argued that the fine was unreasonable because the amount was inconsistent with the amount assessed against other licensees for identical violations, and that the fine should have been reduced because the public file violations caused no harm to the public interest and the Commission's Forfeiture Policy Statement does not comply with the Small Business Regulatory Enforcement and Fairness Act.  

The Commission did not rule on the merits of his argument (although, in a footnote, it said it would have denied the claim if it had), instead dismissing the appeal as untimely, rejecting HUERTA's explanation that he did not receive a copy of the original Forfeiture Order.  The station is now owned by BAR BROADCASTING.

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