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


In the Matter of                  )
                                 )
Renaissance Radio, Inc.           )   File No. EB-02-DL-672
Licensee    of    AM   Broadcast  )
Station KCAF                      )   NAL/Acct. No. 200332500005
in Farmersville, Texas            )
and  Owner of  Antenna Structure  )   FRN 0003-7277-73
# 1222577                         )
in Cado Mills, Texas
Dallas Texas 


                MEMORANDUM OPINION AND ORDER

Adopted:              June              14,             2004                                                                                              
Released:  June 16, 2004

By the Chief, Enforcement Bureau:

I.   INTRODUCTION

     1.   In this Memorandum Opinion and Order (``Order''), 
we cancel the proposed monetary forfeiture in the amount of 
twenty-five thousand dollars ($25,000) issued to Renaissance 
Radio, Inc. (``Renaissance Radio''), the licensee of Station 
KCAF(AM), Farmersville, Texas and owner of antenna structure 
#1222577 in Caddo Mills, Texas.  We find that Renaissance 
Radio failed to maintain operational Emergency Alert System 
(``EAS'') equipment, failed to exhibit all red obstruction 
lighting on the antenna structure from sunset to sunrise, 
and failed to maintain an effective locked fence around the 
base of its AM antenna tower in apparent willful and 
repeated violation of Sections 11.35(a), 17.51(a), and 73.49 
of the Commission's Rules (``Rules'').1  While we cancel the 
forfeiture for a demonstrated inability to pay, we admonish 
Renaissance Radio for its willful and repeated violation of 
Sections 11.35(a), 17.51(a), and 73.49 of the Rules.

II.   BACKGROUND 

     2.   On November 13, 2002, an agent of the Commission's 
Dallas, Texas Office (``Dallas Office'') conducted an on-
site inspection of Station KCAF(AM).  The inspection 
revealed that the electrical system of the station's 
centermost antenna structure (#1222577) would not support 
operation of the required obstruction lighting when the 
station was transmitting.  An employee of Station KCAF(AM) 
stated that the antenna structure had not been lighted since 
the station first began transmitting from that location 
around the end of June 2002.  In addition, the agent 
observed that Renaissance Radio had not installed any 
fencing around the base of KCAF's centermost antenna 
structure, even though the tower had RF potential at its 
base.  On November 21, 2001, the agent returned to the KCAF 
tower site and found the tower partially enclosed with 
temporary plastic construction webbing.  A portion of the 
webbing, however, sagged almost to the ground, allowing 
unrestricted access to the base of the tower.  On November 
22, 2002, Renaissance Radio informed the Dallas Office that 
it had stopped broadcasting to install equipment to allow 
operation of the lights on KCAF's centermost tower.

     3.   On January 28, 2003, in response to a complaint of 
overpower operation, the agent again inspected Station 
KCAF(AM).  The inspection revealed that the station could 
not monitor EAS functions during station operation because 
it did not have any EAS receiving equipment installed.  
Moreover, the station did not have any records of receiving 
any EAS tests or activations or of removing EAS equipment 
for repair and could not explain why it was missing such 
records.  An employee of Renaissance Radio stated that EAS 
receivers had been installed at one time but they had not 
worked since at least August 2002.  

     4.   On April 21, 2003, the Dallas Office issued a 
Notice of Apparent Liability for Forfeiture to Renaissance 
Radio in the amount of twenty-five thousand dollars 
($25,000) for the apparent willful and repeated violation of 
Sections 11.35(a), 17.51(a), and 73.49 of the Rules.2  On 
May 22, 2003, Renaissance Radio filed a response to the NAL 
seeking a cancellation or reduction of the proposed 
forfeiture.  Renaissance Radio asserts that it promptly 
corrected all of the violations after the agent brought such 
matters to its attention but before the NAL was issued.  
Moreover, it asserts that in October 2002, the EAS equipment 
for Station KCAF(AM) was being monitored and tested from its 
Dallas studio. Finally, Renaissance Radio states that it is 
unable to pay the proposed forfeiture, as it is a debtor in 
possession.

III.        DISCUSSION

     5.   The proposed forfeiture amount in this case was 
assessed in accordance with Section 503(b) of the 
Communications Act of 1934, as amended (``Act''),3 Section 
1.80 of the Rules,4 and The Commission's Forfeiture Policy 
Statement and Amendment of Section 1.80 of the Rules to 
Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 
(1997), recon. denied, 15 FCC Rcd 303 (1999) (``Forfeiture 
Policy Statement'').  In examining Renaissance Radio'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.5

     6.   Renaissance Radio does not dispute that its 
centermost antenna structure remained unlit from about June 
27 (the date the station began transmitting at that 
location) through November 21, 2002 or that the antenna 
structure was not enclosed by an effective locked fence 
until sometime after November 21, 2002 in apparent violation 
of Sections 17.51(a)6 and 73.497 of the Rules.  We find that 
Renaissance Radio's violations of Section 17.51(a) and 73.49 
of the Rules were willful 8 and repeated.9 

     7.   Section 11.35(a) states that: Broadcast stations 
... are responsible for ensuring that EAS Encoders, EAS 
Decoders and Attention Signal generating and receiving 
equipment used as part of the EAS are installed so that the 
monitoring and transmitting functions are available during 
the times the stations and systems are in operation.10  
Renaissance Radio admits that the EAS receivers at the 
KCAF(AM) studio were not functioning for a period of time 
prior to February 2003.  It asserts, however, that during 
October 2002 KCAF(AM)'s EAS systems were being ``monitored 
and tested'' from its Dallas studio.  Renaissance Radio, 
however, did not produce EAS logs or records for the Dallas 
studio or the KCAF(AM) studio.  Nevertheless, assuming its 
assertions are true, Renaissance Radio still cannot 
demonstrate that EAS equipment was installed and operational 
from August 2002, the timeframe its employee states the EAS 
receivers became inoperable, to September 2002 and from 
November 2002 until February 2003.  We find that Renaissance 
Radio's violation of Section 11.35(a) of the Rules was 
willful11 and repeated.12

     8.   Renaissance Radio asserts that the proposed 
forfeiture should be cancelled because it was a ``first-time 
station owner'' that ``moved as promptly as possible to cure 
any violations'' as soon as the agent brought the violations 
to its attention.13  Although Renaissance Radio became the 
licensee of Station KCAF(AM) on September 30, 2002, a month 
before the agent's inspection, the principals involved with 
Renaissance Radio had operated the station for several 
years.14  Moreover, promptly correcting violations after 
they have been identified by an agent, while commendable, is 
expected and does not warrant a reduction in the forfeiture 
amount.15     

     9.   Finally, Renaissance Radio asserts the forfeiture 
should be cancelled or reduced because it does not have the 
``current financial wherewithal to pay any fine.''16  The 
Commission has determined that, in general, a licensee's 
gross revenues are the best indicator of its ability to pay 
a forfeiture.17  After reviewing its bankruptcy filings and 
financial statements, we agree with Renaissance Radio and 
are canceling the proposed forfeiture.  Nevertheless, we 
find that it is appropriate to admonish Renaissance Radio18 
for its willful and repeated violation of Sections 11.35(a), 
17.51(a), and 73.49 of the Rules.  

IV.   ORDERING CLAUSES

     10.  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,19 the forfeiture in the amount of 
twenty-five thousand dollars ($25,000) proposed in the April 
21, 2003 Notice of Apparent Liability issued to Renaissance 
Radio, Inc. IS CANCELLED.  

     11.  IT IS FURTHER ORDERED that Renaissance Radio, Inc. 
IS ADMONISHED for failure to maintain operational Emergency 
Alert System equipment, failure to exhibit all red 
obstruction lighting on the antenna structure from sunset to 
sunrise, and failure to maintain an effective locked fence 
around the base of its AM antenna tower at Station KCAF(AM) 
in willful and repeated violation of Sections 11.35(a), 
17.51(a), and 73.49 of the Rules.

     12.  IT IS FURTHER ORDERED that a copy of this Order 
shall be sent by First Class and Certified Mail Return 
Receipt Requested to David A. Schum, President of 
Renaissance Radio, Inc., 3301 Northwest Parkway, Dallas, 
Texas 75225 and to E.P. Keiffer, Esq., Hance, Scarborough, 
Wright, Ginsberg & Brusilow, 1401 Elm Street, Suite 4750, 
Dallas, Texas 75202.  

                              FEDERAL COMMUNICATIONS 
                              COMMISSION




                              David H. Solomon
                              Chief, Enforcement Bureau

               
_________________________

147 C.F.R.  11.35(a), 17.51(a), and 73.49.

2Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200332500005  (Enf. Bur.,  Dallas Office,  April 21,  2003) 
(``NAL'').

347 U.S.C.  503(b).

447 C.F.R.  1.80.

547 U.S.C.  503(b)(2)(D).

6Section  17.51(a)  of  the  Rules requires  that  all  red 
obstruction  lighting on  antenna structures  exceeding 200 
feet  be exhibited  from sunset  to sunrise.   47 C.F.R.   
17.51(a).    The   Antenna   Structure   Registration   for 
Renaissance  Radio's antenna  structure  requires that  red 
obstruction lighting be exhibited at night.  

7Section  73.49 of  the  Rules requires  AM antenna  towers 
having radio  frequency potential at the  base (series fed, 
folded unipole, and insulated base antennas) to be enclosed 
within an  effective locked  fence or other  enclosure.  47 
C.F.R.  73.49.

8Section 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,'   ...  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).   

9As  provided  by  47  U.S.C.    312(f)(2),  a  continuous 
violation is ``repeated'' if it continues for more than one 
day.     The  Conference   Report  for   Section  312(f)(2) 
indicates that  Congress intended to apply  this definition 
to Section 503 of the Act as well as Section 312.  See H.R. 
Rep.  97th   Cong.  2d  Sess.  51   (1982).   See  Southern 
California  Broadcasting  Company,  6 FCC  Rcd  4387,  4388 
(1991) and  Western Wireless Corporation, 18  FCC Rcd 10319 
at fn. 56 (2003).

1047 C.F.R.  11.35(a).

11See supra note 8.

12See supra note 9.

13See Renaissance Radio Response at 2. 

14Renaissance Radio became the licensee of Station KCAF(AM) 
on  September 30,  2002 when  The Watch,  Inc. submitted  a 
change of name form.  In  that form, The Watch, Inc. stated 
that no transfer of control or ownership had occurred.  The 
Watch, Inc. acquired the station in 1997.

15See AM  Broadcast Station  KTNC and  C.R. Communications, 
Inc.,  DA 99-2960    5  (Enf. Bur.  1999);  see also  AT&T 
Wireless Services, Inc., 17 FCC Rcd 21861, 21864-75 (2002); 
Sonderling Broadcasting  Corp., 69 FCC 2d  289, 291 (1978); 
Odino Joseph, 18 FCC Rcd 16522, 16524  8 (Enf. Bur. 2003); 
South Central Communications Corp.,  18 FCC Rcd 700, 702-03 
 9 (Enf. Bur. 2003); Northeast Utilities, 17 FCC Rcd 4115, 
4117  13 (Enf. Bur. 2002).  

16See Renaissance Radio Response at 3.

17See PJB Communications of Virginia,  Inc., 7 FCC Rcd 2088 
(1992). 

18Following  the NAL,  Renaissance Radio  submitted several 
short-form  applications  to  transfer  or  assign  Station 
KCAF(AM).  The  Watch Ltd. is  the current licensee  of the 
station.  A  Short-Form Application  is only used  when the 
transfer does  not effect a substantial  change in control.  
See Grace  Missionary Baptist  Church, 80  FCC 2d  330, 336 
(1980).    Accordingly, this  admonishment  applies to  all 
common principals associated with Renaissance Radio and The 
Watch Ltd.  

1947 C.F.R.  0.111, 0.311, 1.80(f)(4).