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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Mayaguez Radio Corporation, ) File Number EB-02-SJ-030
Antenna Structure Registration ) NAL/Acct. No.200232680005
No. 1013203 )
) FRN 0001-8326-33
San Juan, PR
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: May 29,
By the Enforcement Bureau, San Juan Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find Mayaguez Radio Corporation (``Mayaguez''), owner of antenna
structure no.1013203 at Mayaguez, Puerto Rico, willfully violated
Section 17.51 of the Commission's Rules (``Rules'')1 by failing
to exhibit the prescribed obstruction lighting. We find Mayaguez
Radio Corporation apparently liable for forfeiture in the amount
of ten thousand dollars ($10,000).
2. On April 25, 2002, an agent from the FCC Enforcement
Bureau's San Juan Resident Agent Office inspected the antenna
structure no. 1013203 after local sunset at 7:40 P.M. The agent
observed all lights on the structure unlit.
3. On April 26, 2002, the agent conducted an inspection of
AM broadcast station WTIL.2 When questioned about the lighting
on Mayaguez' antenna structure, the station manager stated that
the lighting alarm system was inoperative and that he did not
know if the lights had been on the previous night. The manager
stated that the lighting could be visually observed from the
studio window, but he did not know when or if an observation had
been made on April 25, 2002. The station's log had no entries
concerning light outages. After the inspection, the agent
contacted the area Federal Aviation Administration (``FAA'')
Flight Service Station and determined they had no report of a
light outage for this antenna structure.
4. Section 17.51 of the Rules requires prescribed
obstruction lighting be exhibited. Mayaguez' antenna structure
was observed on April 25, 2002 after sunset at 7:40 PM with
obstruction lights not functioning. Section 17.47(a) of the Rules
requires that antenna structure owners make an observation of the
antenna structure's lights at least once each 24 hours or,
alternatively, use an automatic alarm system to detect lighting
failures.3 During an inspection of WTIL on April 26, 2002, the
station manager had no mechanism to determine if tower lights
were properly working the previous night, had no knowledge as to
whether the lights had been visually observed, and the station's
log had no entries indicating lighting failures.
5. Based on the evidence before us, we find Mayaguez Radio
Corporation willfully4 violated Section 17.51 by failing to
exhibit prescribed obstruction lighting.
6. Pursuant to Section 1.80(b)(4) of the of the Rules,5
the base forfeiture for failure to comply with prescribed
lighting is $10,000. 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 Communications Act of 1934,
as amended (``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.6 Considering the entire record and applying the factors
listed above, this case warrants a $10,000 forfeiture.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules,8 Mayaguez Radio Corporation is hereby
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount
of ten thousand dollars ($10,000) for willful violation of
Section 17.51 of the Rules by failing to exhibit the prescribed
obstruction lighting on its antenna structure.
8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NOTICE
OF APPARENT LIABILITY, Mayaguez Radio Corporation SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
9. 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.
10. 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. and FRN referenced above.
11. 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
12. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Chief, Revenue and Receivables Operation Group, 445 12th
Street, S.W., Washington, D.C. 20554.9
13. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Mayaguez Radio Corporation, P.O. Box 489,
Mayaguez, PR 00681-0489.
FEDERAL COMMUNICATIONS COMMISSION
Resident Agent - San Juan Office,
1 47 C.F.R § 17.51.
2 Mayaguez is the licensee of radio station WTIL(AM) in addition
to being owner of the antenna structure.
3 47 C.F.R. § 17.47.
4 ``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).
5 47 C.F.R. § 1.80(b)(4).
6 47 U.S.C. § 503(b)(2)(D).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, 1.80.
9 See 47 C.F.R. § 1.1914.