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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554

In the Matter of                 )
                                 )      File No. EB-02-DL-
672
                                 )
Renaissance Radio, Inc.          )      
Licensee of AM Broadcast Station KCAF   )         NAL/Acct. 
No. 200332500005
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, 
               2003

By the Enforcement Bureau, Dallas Office:

                      I.  INTRODUCTION

     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 
antenna tower.

                       II.  BACKGROUND

     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. 

                    III.      DISCUSSION

     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 
for repair.5

     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 
antenna tower.  

     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 
radiating antenna. 

     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 
forfeiture.

     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 
submitted.

     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. 


                            FEDERAL           COMMUNICATIONS 
COMMISSION



                                   James D. Wells
                                   District Director
                                   Dallas Office

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 
(1991).

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.