Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                           Before the
                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, 
2002 

By the Enforcement Bureau, San Juan Office:

                        I.  INTRODUCTION

     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).

                         II.  BACKGROUND

     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.

                        III.  DISCUSSION

     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 
previous owner.

     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 
structure.

     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. 
20554.11

     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 
submitted.  


     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


                         William Berry
                         Resident  Agent  -   San  Juan   Office, 
Enforcement Bureau
_________________________

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.