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

In the Matter of                 )
                                 )
Angel Vera-Maury                 )       File Number: EB-05-SJ-013
                                 )
Licensee of WRSS(AM)             )     NAL/Acct. No.: 200532680003
San Sebastian, PR                )
Facility ID # 499971             )                 FRN: 0004065629



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                                Released: May 18, 
                                                             2005

By the Resident Agent, San Juan Office, South Central Region, 
Enforcement Bureau:

I.  INTRODUCTION

                1.  In this Notice of Apparent Liability for 
           Forfeiture (``NAL''), we find that Angel Vera-Maury, 
           licensee of station WRSS(AM), in San Sebastian, 
           Puerto Rico, apparently willfully violated Section 
           73.49 of the Commission's Rules (``Rules'')1 by 
           failing to enclose its antenna structure within an 
           effective locked fence or other enclosure.  We 
           conclude, pursuant to Section 503(b) of the 
           Communications Act of 1934, as amended (``Act''),2 
           that Mr. Vera-Maury is apparently liable for a 
           forfeiture in the amount of seven thousand dollars 
           ($7,000).

II.  BACKGROUND

                2.  On April 8, 2005, resident agents from the 
           San Juan Office of the Enforcement Bureau informed 
           the contract engineer for station WRSS(AM) that they 
           would be conducting an inspection of the station's 
           transmitter site later that day.  The contract 
           engineer stated that the agents would find an opening 
           in the base fence surrounding the station's 
           transmitter. 
 
                3.  Still on April 8, 2005, the agents conducted 
           an inspection at the studio and transmitter site for 
           station WRSS(AM) in San Sebastian, Puerto Rico.  The 
           agents found an opening in the fence surrounding the 
           base of the antenna that would allow access to the 
           base.  The agents also observed that the perimeter 
           property fence did not have a working gate.  The gate 
           for the property fence was lying to the side of the 
           access road on an angle and was not in use.

III.  DISCUSSION

                4.              Section 503(b) of the Act 
           provides that any person who willfully or repeatedly 
           fails to comply substantially with the terms and 
           conditions of any license, or willfully or repeatedly 
           fails to comply with any of the provisions of the Act 
           or of any rule, regulation or order issued by the 
           Commission thereunder, shall be liable for a 
           forfeiture penalty.  The term ``willful'' as used in 
           Section 503(b) has been interpreted to mean simply 
           that the acts or omissions are committed knowingly.3

                5.         Section 73.49 of the rules requires 
           that antenna towers having radio frequency potential 
           at the base must be enclosed within effective locked 
           fences or other enclosures.  Individual tower fences 
           need not be installed if the towers are contained 
           within a protective property fence.  On April 8, 
           2005, station WRSS (AM)'s antenna structure was not 
           enclosed by an effective locked fence or other 
           enclosure.  The contract engineer for the station 
           informed the agents of this fact prior to the 
           inspection.  The agents observed a gap in the fence 
           surrounding the base of the structure that would 
           allow access to the tower having radio frequency 
           potential at its base.  Moreover, the antenna 
           structure was not contained within a protective 
           property fence.  The agents observed that the gate 
           for the property fence was broken and lying to the 
           side of the access road, thus allowing unimpeded 
           access to the property.  

                6.  Based on the evidence before us, we find that 
           Mr. Vera-Maury apparently willfully violated Section 
           73.49 of the Rules by failing to enclose his antenna 
           structure within an effective locked fence or other 
           enclosure.

                7.  Pursuant to The Commission's Forfeiture 
           Policy Statement and Amendment of Section 1.80 of the 
           Rules to Incorporate the Forfeiture Guidelines, 
           ("Forfeiture Policy Statement"), and Section 1.80 of 
           the Rules, the base forfeiture amount for failing to 
           provide effective AM tower fencing is $7,000.4  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 violations, and with respect to the 
           violator, the degree of culpability, and history of 
           prior offenses, ability to pay, and other such 
           matters as justice may require.5  Applying the 
           Forfeiture Policy Statement, Section 1.80, and the 
           statutory factors to the instant case, we conclude 
           that Mr. Vera-Maury is apparently liable for a $7,000 
           forfeiture.
  
IV.  ORDERING CLAUSES

                8.  Accordingly, IT IS ORDERED that, pursuant to 
           Section 503(b) of the Communications Act of 1934, as 
           amended, and Sections 0.111, 0.311, 0.314 and 1.80 of 
           the Commission's Rules, Angel Vera-Maury is hereby 
           NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE 
           in the amount of seven thousand dollars ($7,000) for 
           violations of Section 73.49 of the Rules.6

                9.  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 for Forfeiture, Angel Vera-Maury SHALL PAY 
           the full amount of the proposed forfeiture or SHALL 
           FILE a written statement seeking reduction or 
           cancellation of the proposed forfeiture.

                10.      Payment of the forfeiture must be made 
           by check or similar instrument, payable to the order 
           of the Federal Communications Commission. The 
           payment must include the NAL/Acct. No. and FRN No. 
           referenced above. Payment bycheck or money order 
           may be mailed to Federal Communications Commission, 
           P.O. Box358340,Pittsburgh, PA 15251-8340. Payment 
           by overnight mail may be sent toMellon 
           Bank/LB358340,500 Ross Street, Room 1540670, 
           Pittsburgh, PA 15251. Payment by wire transfer may 
           be made to ABA Number043000261, receiving 
           bankMellon Bank, and account number911-6106.  

                11.      The response, if any, must be mailed to 
           Federal Communications Commission, Enforcement 
           Bureau, South Central Region, San Juan Office, US 
           Federal Building Room 762, San Juan, PR, 00918-1731 
           and must include the NAL/Acct. No. referenced in the 
           caption.  

                12.      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.  

                13.      Requests for payment of the full amount 
           of this Notice of Apparent Liability for Forfeiture 
           under an installment plan should be sent to: Chief, 
           Revenue and Receivables Operations Group, 445 12th 
           Street, S.W., Washington, D.C. 20554.8

                14.      IT IS FURTHER ORDERED that a copy of 
           this Notice of Apparent Liability for Forfeiture 
           shall be sent by Certified Mail, Return Receipt 
           Requested, and regular mail, to Angel Vera-Maury at 
           his address of record. 


                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              Reuben Jusino
                              Resident Agent, 
                              San Juan Office
                              South Central Region
                              Enforcement Bureau



_________________________

147 C.F.R.  73.49.
247 U.S.C.  503(b).  
3Section 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 or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
412 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
547 U.S.C.  503(b)(2)(D).
647 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 0.314, 1.80, 
73.49.
8See 47 C.F.R.  1.1914.