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

In the Matter of                )
                                )       File No. EB-02-SJ-019
Concilio Mision Cristiana Fuente de Agua Viva     )    
San Juan, Puerto Rico           )       NAL/Acct.             No. 
200232680004
                               )     
                                )       FRN 0000-0131-85
                               ) 

                        FORFEITURE ORDER

     Adopted:  September 30, 2002       Released:    October   3, 
2002         

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture  in the  amount of  fifteen thousand  dollars 
($15,000), to  Concilio  Mision  Cristiana Fuente  de  Agua  Viva 
(``Concilio''), licensee of radio  station WRSJ(AM) and owner  of 
antenna structure  number 1010646  in Guaynabo,  Puerto Rico  for 
willful  and  repeated  violation  of  Section  17.4(g)  of   the 
Commission's Rules (``Rules'').1 We also find Concilio  willfully 
violated Sections  17.51  and 17.57  of  the Rules.2   The  noted 
violations  involve  Concilio's  failure  to  have  its   antenna 
structure registration (``ASR'') number posted on March 26,  2002 
and on April 2, 2002,  failure to exhibit prescribed  obstruction 
lighting, and failure  to notify  the Commission of  a change  in 
ownership of antenna structure number 1010646.

     2.   On May 14, 2002, the Commission's San Juan, Puerto Rico 
Resident Agent's Office  (``San Juan Office'') issued a Notice of 
Apparent Liability  for Forfeiture  (``NAL'')3 in  the amount  of 
fifteen  thousand dollars ($15,000) to Concilio.  Concilio  filed 
a response on July 8, 2002.4  


                         II.  BACKGROUND

     3.   On March 26, 2002, a Commission agent from the San Juan 
          Office inspected  Concilio's antenna  structure  number 
          1010646.  The agent observed that the antenna structure 
          did not have the ASR number posted on or near the  base 
          of the  structure, or  anywhere else  on the  property.  
          The agent  also observed  that, although  it was  after 
          local sunset at 7:30  p.m., none of  the lights on  the 
          structure were lighted.  On  March 27, 2002, the  agent 
          conducted an inspection of  station WRSJ(AM).  At  that 
          time, the  agent informed  WRSJ's general  manager  and 
          engineer that the lighting on the antenna structure was 
          not functioning.  The general manager and the  engineer 
          both informed  the  agent that  the  antenna  structure 
          required neither registration nor lighting because  its 
          overall height  above ground  was 153  feet.   However,  
          the station  license lists  the overall  height of  the 
          antenna structure as  222.5 feet.  On  March 28,  2002, 
          the agent returned to Concilio's antenna structure  and 
          measured it.   The structure  measured 230  feet,  thus 
          requiring it to  be registered  and lighted.   Further, 
          the  ASR  database  lists  the  owner  of  the  antenna 
          structure   as   ``Andres   Gomez   DBA   ABG    Realty 
          Investment,'' which,  according  to Concilio,  was  the 
          previous owner.  On May 14,  2002, the San Juan  Office 
          issued an NAL to Concilio.   On July 8, 2002,  Concilio 
          filed a response.  In  its response, Concilio does  not 
          dispute the  violations.   However,  Concilio  requests 
          elimination of the  forfeiture based  on its  assertion 
          that the previous  tower owner provided  it wrong  data 
          and information which it relied upon.  That information 
          indicated that the  tower was under  200 feet and  thus 
          did not  require registration  and lighting.   Concilio 
          further requests that we give special consideration  to 
          its non-profit status,  although it  has not  submitted 
          any information suggesting that its financial situation 
          would make payment of the forfeiture difficult.

                           III. DISCUSSION
 
          4.   The  forfeiture  amount  in  this  case  is  being 
assessed in accordance with Section 503(b) of the  Communications 
Act of 1934, as amended  (``Act''),5 Section 1.80 of the  Rules,6 
and The Commission's Forfeiture Policy Statement and Amendment of 
Section  1.80  of  the   Rules  to  Incorporate  the   Forfeiture 
Guidelines.7  In examining Concilio's response, Section 503(b) of 
the Act  requires  that  the Commission  take  into  account  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.8

          5.   Section 17.4(g)  of the  Rules requires  that  ASR 
numbers be  displayed in  a conspicuous  place so  that they  are 
readily visible near the base of the antenna structure.   Section 
17.51 of the  Rules provides  that all  red obstruction  lighting 
shall be  exhibited  from  sunset  to  sunrise  unless  otherwise 
specified.  Section 17.57 of the  Rules requires the owner of  an 
antenna structure for which  an ASR number  has been obtained  to 
notify the Commission upon  any change in ownership  information.  
Concilio does not  deny that  the violations alleged  in the  NAL 
occurred.  Therefore, based  on the evidence  before us, we  find 
that Concilio failed to post the  ASR number on or near the  base 
of  its  antenna  structure   number  1010646  in  willful9   and 
repeated10 violation of Section 17.4(g)  of the Rules; failed  to 
display red obstruction lighting from sunrise to sunset on  March 
26, 2002 in willful violation of Section 17.51 of the Rules;  and 
failed to notify  the Commission  that it  was the  new owner  of 
antenna structure number 1010646 in willful violation of  Section 
17.57 of the Rules.      

          6.   Concilio contends  that  it relied  on  inaccurate 
antenna structure height information provided by the former owner 
which caused  it  to  believe  that the  tower  did  not  require 
registration and lighting.  Also, according to Concilio,  because 
the tower  did not  require  lighting, it  was not  necessary  to 
service the  outages.  However,  the  station license  lists  the 
overall height of  the antenna  structure as  222.5 feet,  giving 
Concilio constructive  knowledge  of  the actual  height  of  the 
tower.  Moreover, licensees are expected to know and comply  with 
the Commission's rules.11  Sections 17.4 and 17.7 of the  Rules12 
require that  antenna structures  over  200 feet  be  registered.  
Section 17.4 requires  ASR numbers to  be posted on  or near  the 
base of the tower.   Section 17.21 of  the Rules13 requires  that 
antenna structures over 200 feet  be painted and lighted.  It  is 
also the licensee's responsibility to have accurate knowledge  of 
its operations to apply  the rules correctly.  Further,  although 
Concilio provides the  results of  an FAA  study which  concluded 
that the  antenna  structure  would not  exceed  FAA  obstruction 
standards and  would not  be  a hazard  to air  navigation,  that 
conclusion was also  based on the  same misinformation: that  the 
tower was 153 feet tall.  

          7.   Finally,  Concilio  requests  that  it  be   given 
special consideration because of its non-profit status.   Section 
1.80 of the Rules lists  the downward adjustment criteria,  which 
include: minor  violation, good  faith or  voluntary  disclosure, 
history of overall compliance, and inability to pay.14  While the 
Commission  has  discretion  to  reduce  a  forfeiture  on  other 
grounds, Concilio  has  not  explained why  a  reduction  of  the 
forfeiture based on Concilio's non-profit status by itself  would 
be appropriate.   In  this  regard, we  note  that  Concilio  has 
provided no information suggesting  that its financial  situation 
would make payment difficult.15

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the 
Rules,16 Concilio Mision Cristiana Fuente de Agua Viva IS  LIABLE 
FOR A  MONETARY  FORFEITURE in  the  amount of  fifteen  thousand 
dollars ($15,000) for willfully and repeatedly violating  Section 
17.4(g) of the  Rules and willfully  violating Sections  17.51and 
17.57 of the Rules. 

     9.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of  the Rules within 30 days of  the 
release of this Order.  If the forfeiture is not paid within  the 
period specified, the case may  be referred to the Department  of 
Justice for collection pursuant to  Section 504(a) of the  Act.17  
Payment shall be made by  mailing a check or similar  instrument, 
payable  to   the   order   of   the   ``Federal   Communications 
Commission,'' to the Federal Communications Commission, P.O.  Box 
73482, Chicago,  Illinois 60673-7482.   The payment  should  note 
NAL/Acct. No. 200232680004, and  FRN 0000-0131-85.  Requests  for 
full payment under an installment plan should be sent to:  Chief, 
Revenue and Receivables Operations Group, 445 12th Street,  S.W., 
Washington, D.C. 20554.18
     
     10.  IT IS FURTHER ORDERED that, a copy of this Order  shall 
          be sent  by  regular  mail and  Certified  Mail  Return 
          Receipt Requested to  Concilio Mision Cristiana  Fuente 
          de Agua Viva  at P.O. Box  4039, Carolina, Puerto  Rico 
          00984.

                         FEDERAL COMMUNICATIONS COMMISSION


                                                                 
                         David H. Solomon
                         Chief, Enforcement Bureau
           

_________________________

  1    47 C.F.R.  17.4(g). 

  2    47 C.F.R.  17.51 and 17.57.

  3   Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
200232680004 (Enf. Bur., San Juan Office, released May 14, 2002).

  4    A response to a Commission  NAL should be filed within  30 
days of the issuance of the  NAL.  See Section 1.80(f)(3) of  the 
Rules.  Although Concilio's response was filed more than 30  days 
from the issuance of the NAL,  we will still consider it in  this 
proceeding to ensure that we have a complete record.  

  5   47 U.S.C.  503(b).

  6   47 C.F.R.  1.80.

  7   12 FCC  Rcd 17087  (1997), recon.  denied, 15  FCC Rcd  303 
(1999).

  8   47 U.S.C.  503(b)(2)(D).

  9    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 or any rule  or regulation of the Commission  authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).   

  10   Section 312(f)(2), which  also applies to Section  503(b), 
provides: "[t]he 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." 

  11   See Econopage of  Cleveland, Inc.  16  FCC Rcd 2989,  2990 
(Enf. Bur. 2001).

  12   47 C.F.R.  17.7. 

13     47 C.F.R.  17.21.

  14   47 C.F.R.  1.80, note to paragraph (b)(4), Section II.

15     As the NAL stated, in order for the Commission to consider 
a claim of inability to pay, the petitioner must submit:  (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.  See NAL at para.  14.
  16   47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  17   47 U.S.C.  504(a).

  18   See 47 C.F.R.  1.1914.