FCC reaches initial decision in the case of Cesar Guel

ALJ: Guel can remain involved with broadcast stations, but disclosure must be provided on any application he is involved with. He cannot have any controlling interest.

Jun 17, 2025

Antonio Cesar Guel (photo: X formerly Twitter @Eclesiastes777)

Today, Federal Communications Commission’s (FCC) Administrative Law Judge (ALJ) Jane Hinckley Halprin has released an Initial Decision in the matter of Hispanic Christian Community Network (HCCN), HCCN president Antonio Cesar Guel (Guel) and Jennifer Juarez (Juarez), who is Guel’s niece. Today’s decision addresses various issues regarding Guel including his control over HCCN, his alleged control of stations owned by Juarez, whether Guel engaged in misrepresentation or lack of candor with the FCC, whether Guel abused FCC processes as well as his character qualification.

Guel, who admitted in this proceeding that he is not a United States citizen has been very well known in the low power television (LPFM), low power FM (LPFM) and noncommercial educational (FM) broadcast circles for his past involvement with stations in all three of these services.

The LPTV stations that triggered this hearing

The main issue that prompted the hearing by the ALJ was in regards to LPTV stations KHDE-LP, KJTN-LP, KZAB-LP, KZTE-LD, KTEQ-LP, KRPO-LD and WESL-LP, which were all licensed to Juarez, and whether Guel had been a real party in interest or had de facto control of these stations and whether there was a de facto change of control of the stations by either Guel or HCCN. Juarez would eventually request all of the LPTV licenses cancelled.

Guel involvement in past LPFM and NCE filing windows

In LPFM, Guel was directly involved with the preparation of many applications. In the 2013 Second Generation LPFM Filing Window, he was involved with many original construction permit applications, including many that had organization names that where similar, only different by the city, such as (city) Hispanic Educational Family Fundation and (city) Hispanic Community Radio. The suspicious filings made in 2013 prompted REC Networks (REC) to file Informal Objections against 246 applications filed in that window. After filing, REC had identified a small number of applications that Guel had definitely filed on behalf of other nonprofit organizations for which REC had withdrawn those applications. He as also involved in applications from the 2000/2001 First Generation LPFM Filing Window Series with some applications operating under the “Iglesia de Cristo Miel (city)” name. REC had also filed Informal Objections in the first LPFM window against some of those applications.

In some cases, such as South Miami Hispanic Community Radio (SMHCR), REC had determined that the station was transferred to a different organization without FCC authorization and before the application was even granted (as it was being held by REC’s Informal Objection). As a result of the response of a Letter of Inquiry sent by the Media Bureau, it was determined that SMHCR violated §73.871(c)(3) of the rules by amending the application to make an unauthorized major change of control.

While his name is not on any recent applications, the Commission is currently holding ten applications filed in the 2021 NCE Filing Window and one application from the 2023 Third Generation LPFM Filing Window, which REC has suspected has involvement by Guel or other members of his immediate family.

ALJ’s conclusions of law

The ALJ would conclude first, that Guel and HCCN are one of the same, the judge stated that there was no dispute that Guel was the 100% shareholder of HCCN during its existence. Guel had admitted and the Enforcement Bureau had shown by a preponderance of evidence that Guel and HCCN are “properly considered to be one of the same” for the purposes of the hearing.

The ALJ would further conclude that Guel was the de facto licensee of the Juarez LPTV stations and was the real party in interest in the associated FCC applications. The ALJ states that the evidence shows that Juarez “had little or nothing to do” with the stations and that they remained in the control of Guel. Guel would eventually concede that he had controlled the Juarez stations, which Guel had once defended was “simply a matter of delegating day-to-day station operations” to himself.

The ALJ made a conclusion that Guel “misrepresented material information to the Commission” and “lacked candor with the Commission”. This misrepresentation stems from applications filed in 2010 to assign stations from HCCN to Juarez. Assignment applications that were consummated in 2010, but not reported until 2014. There were also findings that Guel was not forthcoming of his citizenship status in those early HCCN days stating that he was following the advice of a different attorney (not Dan J. Alpert) and otherwise did not have a grasp on the alien ownership rules.

The ALJ would find that Guel abused Commission processes during the assignment transactions from HCCN to Juarez. As a result of all of these issues, the ALJ would further conclude that Guel is not qualified to be an FCC licensee (even with only 20% alien ownership).

EB’s request to ban Guel from broadcasting

The Enforcement Bureau (EB) had motioned that the ALJ issue a order to Guel/HCCN to cease and desist from “operating, controlling, managing or providing any assistance to any stations”. In the alternate, EB is requesting that if Guel was to assist any other licensee/permittee/applicant in any way with the operation or construction of any station, or to provide any assistance or input in any way in preparing or filing an application with the FCC, that Guel should be ordered to disclose his involvement by including a copy of the Initial Decision or any other similar order.

The ALJ had determined that the FCC does not have the authority to outright ban Guel from any broadcast activity. However, she had found that it would be appropriate to accept EB’s alternative request to require disclosure on any broadcast application that Guel is involved with. Separately, the ALJ determined that Guel must cease and desist from violating the FCC Rules through “making willfully inaccurate, incomplete, evasive, false or misleading statements'“ before the Commission.

Guel was also found liable of a monetary forfeiture of $188,491.

This Initial Decision will become effective 50 days after its release date (June 16, 2025) if exceptions are not filed within 30 days after release, unless the full Commission elects to review the case on its own motion.