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

In the Matter of                )
                                )
Three Angels Corp.              )    File No. EB-02-SJ-057
Owner of Antenna Structure number 1235917    )
St. Thomas, United States Virgin islands     )    NAL/Acct.   No. 
200332680001
                                )
                                )    FRN 0007-4419-26       

                        FORFEITURE ORDER 

Adopted:   March 15, 2004               Released:  March 17, 2004

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
        monetary forfeiture in  the amount  of thirteen  thousand 
        dollars ($13,000)  to Three  Angels Corporation  (``Three 
        Angels''),  licensee  of  station  WGOD-FM,  St.  Thomas, 
        Virgin Islands,  for willful  and repeated  violation  of 
        Sections 17.4(a) and 17.21(a)  of the Commission's  Rules 
        (``Rules'').1   The   noted  violations   involve   Three 
        Angels'  failure  to  register  and  paint  the   antenna 
        structure for station WGOD-FM.

     2.   On October 22, 2002, the Commission's San Juan,  Puerto 
        Rico,  Resident  Agent   Office  (``San  Juan   Office'') 
        released a Notice  of Apparent  Liability for  Forfeiture 
        (``NAL'') to Three Angels for a forfeiture in the  amount 
        of thirteen  thousand dollars  ($13,000).2  Three  Angels 
        filed its response to the  NAL on February 12, 2003,  and 
        supplemented that response on March 6, 2003.

                         II.  BACKGROUND

     3.   Three Angels  is  the  owner  of  the  WGOD-FM  antenna 
        structure.  On September 10, 2002, an agent from the  San 
        Juan  Office   observed   that  Three   Angels'   antenna 
        structure was not painted  and that there was no  Antenna 
        Structure Registration (``ASR'') number observable at  or 
        near the  base  of the  antenna structure.   The  agent's 
        check of  the  Commission's  ASR data  base  showed  that 
        there was no antenna structure registered at or near  the 
        location of Three Angels' antenna structure.

     4.   On  September  11,  2002,  the  agent  inspected  radio 
        station  WGOD-FM and  its  antenna  structure  and  again 
        observed that the  antenna was  unpainted.  Three  Angels 
        could  not  produce   any  evidence   that  the   antenna 
        structure was registered, but did provide the agent  with 
        Federal Aviation Administration  (``FAA'') Study No.  00-
        ASO-6223-OE, dated August 28, 2000, which indicates  that 
        Three  Angels'   antenna  structure   has  painting   and 
        lighting requirements.3   The  ASR  data  base  indicates 
        that Three  Angels registered  its antenna  structure  on 
        September 17, 2002.

     5.   On October 22, 2002, the  San Juan Office issued a  NAL 
        for a  forfeiture  in  the amount  of  $13,000  to  Three 
        Angels for  willful and  repeated violation  of  Sections 
        17.4(a) and  17.21(a)  of the  Rules.  In  its  response, 
        Three Angels seeks cancellation of the proposed  monetary 
        forfeiture.   Three Angels  states  that,  based  on  the 
        conclusion of its consulting  engineer, it believed  that 
        its tower did not  require painting and lighting  because 
        it  is   less   than  200   feet  above   ground   level.  
        Additionally, Three Angels  asserts that  it relied  upon 
        its  consulting  engineer  to  take  care  of  the  tower 
        registration.   Three  Angels  also  states  that  it  is 
        struggling economically and  submits, in a  supplementary 
        response, a copy its  2001 federal income tax return  and 
        partial copies of  its 1999 and  2000 federal income  tax 
        returns.

     6.   Three Angels further asserts in its response to the NAL 
        that it will submit  a supplementary response  concerning 
        compliance with  the painting  requirement.  However,  to 
        date,  we  have   not  received   such  a   supplementary 
        response.   We  did  receive  correspondence  from  Three 
        Angels on  February  13, 2004,  but  that  correspondence 
        simply  transmits  a  copy   of  Three  Angels'   earlier 
        response to the NAL.

                      III.      DISCUSSION

     7.   The  proposed  forfeiture  amount  in  this  case   was 
        assessed  in  accordance  with  Section  503(b)  of   the 
        Communications  Act  of  1934,  as  amended   (``Act''),4 
        Section  1.80  of  the   Rules,5  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)  (``Policy  Statement'').   Section 
        503(b)  of the  Act  requires  that  the  Commission,  in 
        examining Three Angels' response,  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.6

     8.   Section  17.21(a)   of  the   Rules  requires   antenna 
        structures to  be painted  and lighted  when they  exceed 
        200 feet in height above the ground or when they  require 
        a special aeronautical  study.  In  this instance,  Three 
        Angels'  tower  required  a  special  aeronautical  study 
        because of its proximity to an airport.  The October  28, 
        2000, study  (FAA  Study  No.  00-ASO-6223-OE)  specifies 
        that Three Angels' antenna structure must be painted  and 
        lighted.  Three Angels  concedes that its  tower was  not 
        painted but claims  that it relied  on the conclusion  of 
        its consulting engineer that  painting was not  required.  
        ``The Commission has long  held that licensees and  other 
        Commission regulatees are  responsible for  the acts  and 
        omissions of their employees and independent  contractors 
        and has  consistently refused  to excuse  licensees  from 
        forfeiture  penalties  where  actions  of  employees   or 
        independent contractors have  resulted in  violations.''7  
        Furthermore, Three Angels  had a  copy of  FAA Study  No. 
        00-ASO-6223-OE,  which  specified  the  tower's  painting 
        requirements.  Therefore,  it had  actual notice  of  the 
        painting  requirement.    We  find   that  Three   Angels 
        willfully8 and repeatedly9  violated Section 17.21(a)  of 
        the Rules.

     9.   Section 17.4(a) of the Rules requires the  registration 
        of  antenna  structures  which  require  notice  to   the 
        Federal Aviation  Administration.   Since a  special  FAA 
        aeronautical study was required for Three Angels'  tower, 
        it is clear that  FAA notification was required for  that 
        tower.  Three Angels concedes  that its tower, which  was 
        constructed  March  31,  1996,  was  not  registered  but 
        asserts that  it  relied on  its consulting  engineer  to 
        register its  tower.  As  pointed out  above,  Commission 
        regulatees are responsible for the acts and omissions  of 
        their    employees    and    independent     contractors.  
        Accordingly, we  find  that Three  Angels  willfully  and 
        repeatedly violated Section 17.4(a).

     10.  Three   Angels   contends   that   it   is   struggling 
        economically and that payment of the proposed  forfeiture 
        amount would create ``an unfair burden.''  In support  of 
        its financial  hardship  claim, Three  Angels  submits  a 
        copy its  2001  federal  income tax  return  and  partial 
        copies of its 1999  and 2000 federal income tax  returns.  
        The  Commission  has  determined  that,  in  general,   a 
        licensee's gross revenues are  the best indicator of  its 
        ability  to pay  a  forfeiture.10   After  reviewing  the 
        financial data submitted,  we find no  evidence in  Three 
        Angels' response that would  support cancellation of  the 
        forfeiture or a reduction based upon financial hardship. 
        11

     11.  Three Angels  has  provided no  information  indicating 
        that it has  painted its tower and  is now in  compliance 
        with Section  17.21(a)  of the  Rules.   Accordingly,  we 
        will require, pursuant  to Section 308(b)  of the  Act,12 
        that Three  Angels report  to the  Enforcement Bureau  no 
        more than thirty (30) days following the release of  this 
        order how  it plans  to achieve  compliance with  Section 
        17.21(a).  Three Angels' report must be submitted in  the 
        form of an affidavit or declaration signed by an  officer 
        or director.

     12.  We have  examined Three  Angels'  response to  the  NAL 
        pursuant  to  the   statutory  factors   above,  and   in 
        conjunction with  the  Policy Statement  as well.   As  a 
        result of  our  review,  we conclude  that  Three  Angels 
        willfully and  repeatedly violated  Sections 17.4(a)  and 
        17.21(a) of the Rules and that cancellation or  reduction 
        of  the  proposed  $13,000  monetary  forfeiture  is  not 
        warranted.

                        IV.  ORDERING CLAUSES

     13.  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,13  Three Angels IS LIABLE FOR  A 
        MONETARY FORFEITURE in  the amount  of thirteen  thousand 
        dollars ($13,000) for failure  to register and paint  its 
        antenna structure, in willful  and repeated violation  of 
        Sections 17.4(a) and  17.21(a) of the Rules.

     14.  IT IS FURTHER ORDERED that, pursuant to Section  308(b) 
        of  the  Act,   Three  Angels  must  submit  the   report 
        described in  Paragraph 11,  above, no  more than  thirty 
        (30) days following  the release  of this  order, to  the 
        Federal Communications  Commission,  Enforcement  Bureau, 
        Spectrum Enforcement  Division,  445 12th  Street,  S.W., 
        Room 7-A820,  Washington, D.C.  20554, Attention:  Thomas 
        D. Fitz-Gibbon, Esq.

     15.  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.14  Payment may  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 
        reference NAL/Acct.  No. NAL/Acct.  No. 200332680001  and 
        FRN 0007-4419-26.   Requests for  full payment  under  an 
        installment plan should  be sent to:  Chief, Revenue  and 
        Receivables Group,  445  12th Street,  S.W.,  Washington, 
        D.C. 20554.15

     16.  IT IS FURTHER ORDERED that  a copy of this Order  shall 
        be sent by First Class and Certified Mail Return  Receipt 
        Requested  to   Three  Angels   Corporation,  22   Estate 
        Dorothea, St. Thomas, U.S.  Virgin Islands 00803, and  to 
        its counsel, M.  Scott Johnson, Esq.,  Gardner, Carton  & 
        Douglas, 1301  K  Street, N.W.,  Suite 900,  East  Tower, 
        Washington, D.C.20005-3317.

                              FEDERAL COMMUNICATIONS COMMISSION

                         


                              David H. Solomon
                              Chief, Enforcement Bureau
_________________________

  1 47 C.F.R.  17.21(a).  

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200332680001 (Enf. Bur.,  San Juan Office,  released October  22, 
2002).    

  3  There  is  no  issue  in  this  case  as  to  Three  Angels' 
compliance with the lighting requirement.

  4 47 U.S.C.  503(b).

  5 47 C.F.R.  1.80.

  6 47 U.S.C.  503(b)(2)(D).

  7 Eure Family  Limited Partnership, 17 FCC Rcd 21861,  21863-64 
(2002)  (internal  quotation  marks  omitted)  and  cases   cited 
therein.

  8 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,' 
... 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).  

  9 As 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).

  10  See PJB Communications  of Virginia, Inc., 7 FCC Rcd  2088, 
2089 (1992). 

  11  Id. at  2089  (forfeiture  not deemed  excessive  where  it 
represented approximately 2.02  percent of  the violator's  gross 
revenues); Hoosier  Broadcasting Corporation,  15 FCC  Rcd  8640, 
8641 (Enf. Bur. 2002) (forfeiture  not deemed excessive where  it 
represented approximately  7.6 percent  of the  violator's  gross 
revenues); Afton Communications Corp., 7 FCC Rcd 6741 (Com.  Car. 
Bur. 1992) (forfeiture not deemed excessive where it  represented 
approximately 3.9 percent of the violator's gross revenues).

  12 47 U.S.C.  308(b).

  13 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  14 47 U.S.C.  504(a).

  15 See 47 C.F.R.  1.1914.