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                   )
                                                            )
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, 
2002 

By the Enforcement Bureau, San Juan Office:

                        I.  INTRODUCTION

     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).

                         II.  BACKGROUND

     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.


                        III.  DISCUSSION

     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 
forfeiture.

     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 
submitted.  

     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
                         

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

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.