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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-DL-
Renaissance Radio, Inc. )
Licensee of AM Broadcast Station KCAF ) NAL/Acct.
in Farmersville, Texas )
and Owner of Antenna Structure #1222577 )
in Caddo Mills, Texas ) FRN: 0003-7277-73
Dallas, Texas )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 21,
By the Enforcement Bureau, Dallas Office:
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Renaissance Radio, Inc.1
(``Renaissance Radio''), licensee of AM radio station KCAF,
Farmersville, Texas, and owner of antenna structure #1222577
in Caddo Mills, Texas, apparently liable for a forfeiture in
the amount of twenty-five thousand dollars ($25,000) for
willful and repeated violation of Sections 11.35(a),
17.51(a), and 73.49 of the Commission's Rules (``Rules'').2
Specifically, we find Renaissance Radio apparently liable
for failing to have operational Emergency Alert System
(``EAS'') equipment, failing to exhibit red obstruction
lighting from sunset to sunrise, and failing to provide an
effective locked fence around the base of the radiating
2. On November 13, 2002, an agent of the Commission's
Dallas Office (``Dallas Office'') conducted an inspection of
AM radio station KCAF. Installation of electrical service
had not been completed to operate the required obstruction
lighting on the station's centermost antenna structure
(1222577). Mr. Ron Eudaly, while doing part time work for
Renaissance Radio, stated that Renaissance Radio had not
lighted their centermost antenna structure because the tower
had radio frequency (``RF'') potential at its base and
equipment had not been installed to isolate the station's RF
signal from the wiring of the structure's lighting system.
Mr. Eudaly stated that the structure had been unlighted
since about June 27, 2002, when the station first began
transmitting from that location. Additionally, the FCC
agent noted that Renaissance Radio had not installed any
fencing around the base of KCAF's centermost antenna tower,
even though the tower had RF potential at its base.
3. On November 21, 2002, the agent again inspected
the KCAF tower site. At that time, plastic construction
webbing was loosely strung between posts around the base of
the antenna tower. A portion of this webbing sagged to
almost ground level, allowing unrestricted access to the
base of the tower.
4. On November 22, 2002, Mr. David Schum, principal
owner of Renaissance Radio, telephoned the Dallas Office and
stated that on this date, station KCAF had stopped
broadcasting to install equipment to allow operation of the
lights on KCAF's centermost tower.
5. On January 28, 2003, in response to a complaint of
overpower operation, the agent inspected station KCAF. KCAF
did not have receiving equipment installed so that EAS
monitoring functions were available during station
operation. Mr. Eudaly stated that EAS receivers had been
installed at one time but never worked since at least
August, 2002. Station KCAF had no records of receiving any
EAS tests or activations, no explanations for failure to
receive such tests, and no records showing that EAS
equipment had been removed from service for repair.
6. Section 11.35(a) of the Rules requires that
broadcast stations ensure that receiving equipment used as
part of the Emergency Alert System is in operation. From at
least August, 2002, until January 28, 2003, Renaissance
Radio did not have operational EAS receivers installed at
station KCAF, rendering the station's EAS monitoring
capability inoperable. Station logs showed no evidence of
receipt of any EAS tests or activations,3 no entries
explaining the failure to receive such tests,4 and no
entries showing EAS equipment had been removed from service
7. Section 17.51(a) of the Rules requires that all
red obstruction lighting shall be exhibited from sunset to
sunrise unless otherwise specified. Renaissance Radio's
antenna structure #1222577 must exhibit red obstruction
lighting at night because the structure's antenna structure
registration requires it and because the structure exceeds
200 feet in height.6 On November 13, 2002, Renaissance
Radio did not have any electrical service for powering tower
lights on their centermost tower. According to its
representative, Renaissance Radio did not light KCAF's
centermost antenna structure from about June 27 (the date
the station began transmitting at its current location)
through November 21, 2002.
8. Section 73.49 of the Rules requires antenna towers
that have RF potential at the base to be enclosed within
effective locked fences or other enclosures. The centermost
antenna tower of station KCAF is series fed and has RF
potential at the base. On November 13, 2002, there was no
fence around the base of this tower and Renaissance Radio
was verbally warned concerning this violation. On November
21, 2002, the only base fencing utilized at station KCAF was
a plastic construction webbing loosely strung between posts
around the base of the antenna tower. A portion of this
webbing sagged to almost ground level and did not obstruct
access to the base of the tower.
9. Based on the evidence before us, we find that
Renaissance Radio willfully7 and repeatedly8 violated
Sections 11.35(a), 17.51(a), and 73.49 of the Rules by
failing to have operational EAS equipment, failing to
exhibit red obstruction lighting, and failing to provide an
effective locked fence around the base of the radiating
10. Pursuant to Section 1.80(b)(4) of the Rules,9 the
base forfeiture amount for failure to have operational EAS
equipment is $8,000, for failure to comply with prescribed
tower obstruction lighting is $10,000, and for AM tower
fencing violations is $7,000. 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.10
Considering the entire record and applying the factors
listed above, this case warrants a $25,000 forfeiture.
IV. ORDERING CLAUSES
11. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,11 and Sections 0.111, 0.311 and
1.80 of the Rules,12 Renaissance Radio, Inc. is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of twenty-five thousand dollars ($25,000) for failing
to have operational EAS equipment, failing to exhibit red
obstruction lighting from sunset to sunrise, and failing to
provide an effective locked fence around the base of the
12. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Renaissance Radio, Inc. SHALL PAY the full amount
of the proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed
13. 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 NAL
under an installment plan should be sent to: Chief, Revenue
and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.13
14. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street SW, Washington, D.C. 20554, Attn: Enforcement Bureau-
Technical and Public Safety Division and MUST INCLUDE THE
NAL/Acct. No. referenced above.
15. 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
16. Under the Small Business Paperwork Relief Act of
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the
FCC is engaged in a two-year tracking process regarding the
size of entities involved in forfeitures. If you qualify as
a small entity and if you wish to be treated as a small
entity for tracking purposes, please so certify to us within
thirty (30) days of this NAL, either in your response to the
NAL or in a separate filing to be sent to the Technical and
Public Safety Division. Your certification should indicate
whether you, including your parent entity and its
subsidiaries, meet one of the definitions set forth in the
list provided by the FCC's Office of Communications Business
Opportunities (OCBO) set forth in Attachment A of this
Notice of Apparent Liability. This information will be used
for tracking purposes only. Your response or failure to
respond to this question will have no effect on your rights
and responsibilities pursuant to Section 503(b) of the
Communications Act. If you have questions regarding any of
the information contained in Attachment A, please contact
OCBO at (202) 418-0990.
17. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail, Return
Receipt Requested to Renaissance Radio, Inc., 9400 North
Central Expressway, Suite 1600, Dallas, TX 75231.
James D. Wells
Attachment A - FCC's List of Small Entities.
1 Corporation name was changed from ``The Watch, Inc.'' to
``Renaissance Radio, Inc.'' effective August 26, 2002. As
of February 3, 2003, registration data for antenna
structures still listed in the name ``The Watch, Inc.''
2 47 C.F.R. §§ 11.35(a), 17.51(a), and 73.49.
3 EAS activations and tests must be entered in the station
log. See 47 C.F.R. §§ 11.55(c)(7) and 11.61(b).
4 See 47 C.F.R. § 11.35(a).
5 A broadcast station may operate for 60 days pending repair
or replacement of defective EAS equipment, but entries must
be made in the station logs showing when the equipment was
removed and restored to service. See 47 C.F.R. § 11.35(b).
6 See 47 C.F.R. § 17.21(a).
7 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 4387-88
8 The term ``repeated,'' when used with reference to the
commission or omission of any act, ``means the commission or
omission of such act more than once or, if such commission
or omission is continuous, for more than one day.'' 47
U.S.C. § 312(f)(2).
9 47 C.F.R. § 1.80(b)(4).
10 47 U.S.C § 503(b)(2)(D).
11 47 U.S.C § 503(b).
12 47 C.F.R. §§ 0.111, 0.311, 1.80.
13 See 47 C.F.R. § 1.1914.