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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Concilio Mision Cristiana Fuente )
De Agua Viva, ) File Number EB-02-SJ-019
Owner of Antenna Structure ) NAL/Acct. No.200232680004
Registration No. 1010646 )
) FRN 0000-0131-85
San Juan, PR )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: May 14,
By the Enforcement Bureau, San Juan Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find that Concilio Mision Cristiana Fuente De Agua Viva
(``Concilio''), owner of antenna structure no. 1010646 at
Guaynabo, Puerto Rico, willfully violated Sections 17.4(g),
17.51, and 17.57 of the Commission's Rules (``Rules''),1 by
failing to display the Antenna Structure Registration (``ASR'')
number, failing to exhibit the prescribed obstruction lighting,
and failing to notify the Commission of a change in ownership of
the structure. The violation of Section 17.4(g) of the Rules
also is a repeated violation. We find Concilio Mision Cristiana
Fuente De Agua Viva apparently liable for forfeiture in the
amount of fifteen thousand dollars ($15,000).
2. On March 25, 2002, the FCC Enforcement Bureau's San
Juan Resident Agent Office (``San Juan Office'') received a
complaint from the Federal Aviation Administration (``FAA'')
concerning Concilio's antenna structure no. 1010646 used as part
of radio station WRSJ(AM). The complaint alleged that the
lighting on the structure had been unlit for several days.
3. On March 26, 2002, an agent from the San Juan Office
inspected the antenna structure after local sunset at 7:30 P.M.
The agent observed all lights on the structure unlit.
Additionally, the agent observed no posting of the ASR number on
or near the tower or anywhere on the property.
4. On March 27, 2002, the agent conducted an inspection of
radio station WRSJ(AM).2 The agent advised Concilio that the
lighting on the antenna structure was not functioning. WRSJ's
general manager and engineer stated that the antenna structure
required neither lighting nor registration because it was only
153 feet tall. A copy of the ASR dated November 28, 1996,
specified the structure's overall height above ground as 46.6
meters or 153 feet. However, the station license for WRSJ(AM)
showed the overall height above ground as 222.5 feet. WRSJ's
general manager and engineer stated that no one at the station
was aware of the lighting malfunction since the automatic alarm
for the lighting system failed to notify them. They stated that
the alarm system operated on the same electrical circuit as the
obstruction lighting so that when that circuit failed, both the
lights and the alarm system failed to function. They also stated
that no one at the station made a report of the light outage to
the FAA. Additionally, the ASR lists the structure owner as
``Andres Gomez DBA ABG Realty Investment.'' Concilio stated this
was the previous owner of the antenna structure.
5. On March 28, 2002, the agent went to Concilio's antenna
structure and, using a laser hypsometer/rangefinder, measured the
height above ground to be 70 meters, or 230 feet.
6. On April 2, 2002, the agent returned to the antenna
structure accompanied by representatives of Concilio. Concilio
measured the structure's height above ground and found it to be
222.5 feet. The agent observed that the ASR number still was not
posted on or near the tower nor anywhere on the property.
Concilio representatives stated that, to their knowledge, no
report to the FAA of the light outage had been made.
7. Section 17.4(g) of the Rules requires the ASR Number be
displayed in a conspicuous place so that it is readily visible
near the base of the antenna structure. The antenna structure
was observed on March 26, 2002 and April 2, 2002 and no ASR
number was posted. Section 17.51 of the Rules requires
prescribed obstruction lighting be exhibited from sunset to
sunrise unless otherwise specified. The antenna structure was
observed on March 26, 2002 after sunset at 7:30 P.M. with its
obstruction lights not functioning. Concilio admitted that they
were unaware of the light outage, that the automatic alarm system
had failed to notify them of the light outage, and that no report
to the FAA of the light outage had been made. Section 17.57 of
the Rules requires the owner to immediately notify the Commission
using FCC Form 854 upon any change in structure height or change
in ownership. Commission records reflect the structure's
8. Based on the evidence before us, we find Concilio
willfully3 violated Sections 17.4(g), 17.51, and 17.57 of the
Rules by failing to post the ASR number, failing to exhibit
prescribed obstruction lighting, and failing to report changes in
structure ownership. The violation for Section 17.4(g) of the
Rules also is repeated4 in that it occurred on more than one day.
9. Pursuant to Section 1.80(b)(4) of the Rules,5 the base
forfeiture amount for failure to comply with prescribed lighting
is $10,000, and for failure to file required forms or information
(e.g., failure to notify the Commission of a change in ownership
information) is $3,000. The Rules do not establish a base
forfeiture amount for failure to post the antenna structure
registration number.6 The Commission has determined, however,
that an appropriate base forfeiture amount for failure to post
the ASR number is $2,000 per violation.7 In assessing the
monetary forfeiture amount, we must also take into account the
statutory factors set forth in Section 503(b)(2)(D) of the Act,
which include 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.8 Considering the
entire record and applying the factors listed above, this case
warrants a $15,000 forfeiture.
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,9 and Sections 0.111, 0.311 and 1.80 of the
Rules,10 Concilio Mision Cristiana Fuente De Agua Viva is hereby
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount
of fifteen thousand dollars ($15,000) for willful and repeated
violation of Section 17.4(g) of the Rules, and willful violation
of Sections 17.51 and 17.57 of the Rules, by failing to display
the Antenna Structure Registration number, failing to exhibit the
prescribed obstruction lighting on its antenna structure, and
failing to notify the Commission of a change in ownership of the
11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules, within thirty days of the RELEASE DATE of
this NOTICE OF APPARENT LIABILITY, May 14, 2002, Concilio Mision
Cristiana Fuente De Agua Viva SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
12. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note the
NAL/Acct. No. and FRN referenced above. Requests for payment of
the full amount of this Notice of Apparent Liability under an
installment plan should be sent to: Chief, Credit and Debt
Management Center, 445 12th Street, S.W., Washington, D.C.
13. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street SW, Washington DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct.
No. referenced above.
14. The Commission will not consider reducing or canceling
a forfeiture in response to a claim of inability to pay unless
the petitioner submits: (1) federal tax returns for the most
recent three-year period; (2) financial statements prepared
according to generally accepted accounting practices (``GAAP'');
or (3) some other reliable and objective documentation that
accurately reflects the petitioner's current financial status.
Any claim of inability to pay must specifically identify the
basis for the claim by reference to the financial documentation
15. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Concilio Mision Cristiana Fuente De Agua Viva, P.O.
Box 4039, Carolina, PR 00984.
FEDERAL COMMUNICATIONS COMMISSION
Resident Agent - San Juan Office,
1 47 C.F.R §§ 17.4(g), 17.51, and 17.57.
2 Concilio is the licensee of radio station WRSJ(AM) in addition
to being owner of the antenna structure.
3 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed under
Section 503(b) of the Act, provides that ``[t]he term `willful',
when used with reference to the commission or omission of any
act, means the conscious and deliberate commission or omission of
such act, irrespective of any intent to violate any provision of
this Act ....'' See Southern California Broadcasting Co., 6 FCC
Rcd 4387 (1991).
4 The term ``repeated'' means the commission or omission of an
act more than once or, if such commission or omission is
continuous, for more than one day. 47 U.S.C. § 312(f)(2).
5 47 C.F.R. § 1.80(b)(4)
6 See The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines (``Forfeiture Policy Statement''), 12 FCC Rcd 17087
(1997), recon. denied 15 FCC Rcd 303 (1999). The Forfeiture
Policy Statement states that ``... any omission of a specific
rule violation from the ... [forfeiture guidelines] ... should
not signal that the Commission considers any unlisted violation
as nonexistent or unimportant. Forfeiture Policy Statement, 12
FCC Rcd at 17099. The Commission retains the discretion,
moreover, to depart from the Forfeiture Policy Statement and
issue forfeitures on a case?by?case basis, under its general
forfeiture authority contained in Section 503 of the Act. Id.
7 American Tower Corporation, 16 FCC Rcd 1282 (2001).
8 47 U.S.C. § 503(b)(2)(D).
9 47 U.S.C. § 503(b).
10 47 C.F.R. §§ 0.111, 0.311, 1.80.
11 See 47 C.F.R. § 1.1914.