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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Renda Broadcasting Corporation of
Nevada ) File Number EB-05-PA-049
Owner of Antenna Structures ) NAL/Acct. No. 20063240001
1248430 and 1248431 ) FRN: 0003-77-8420
Pittsburgh, Pennsylvania )
Adopted: September 28, 2006 Released: September 29, 2006
By the Regional Director, Northeast Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of three thousand dollars ($3,000) to Renda Broadcasting
Corporation of Nevada ("Renda"), owner of antenna structures #1248430
and #1248431, and licensee of station WJAS in Pittsburgh,
Pennsylvania, for willfully and repeatedly violating Section 17.4(a)
of the Commission's Rules ("Rules") by failing to register each of its
antenna structures used in the operation of station WJAS.
2. On March 24, 2005, agents with the Philadelphia Office conducted an
inspection of WJAS's AM directional antenna array. The array consists
of an east tower and a west tower and, according to the WJAS license,
each tower measures 350 feet above ground level. The inspection was
conducted as a follow-up to a Notice of Violation ("NOV") issued to
Renda by the Philadelphia Office on January 17, 2001 regarding, among
things, its failure to register each of its two antenna structures as
required under Section 17.4(a) of the Rules. Renda used the array's
center coordinates and filed a single antenna structure registration
("ASR") to cover both structures. Although the January 17, 2001 NOV
specifically advised Renda that each antenna structure in the array
must be registered individually, the agents found during the March 24,
2005 inspection that the two antenna structures continued to be
registered under a single ASR number. The structures were not properly
registered until May 10, 2005, when Renda filed a registration and the
FCC assigned ASR #124830 to the WJAS east tower and ASR # 124831 to
the WJAS west tower.
3. On February 27, 2006, the Philadelphia Office issued a Notice of
Apparent Liability for Forfeiture to Renda for apparent willful and
repeated violation of Section 17.4(a) of the Rules for failure to
properly register each of its antenna structures. Renda submitted a
response to the NAL on May 15, 2006. Renda does not dispute the
findings in the NAL, but requests a reduction in the forfeiture amount
based on its history of compliance with the Commission's rules.
4. The forfeiture amount proposed in this case was assessed in accordance
with Section 503(b) of the Communications Act of 1934, as amended
("Act"), Section 1.80 of the Rules, and the Commission's Forfeiture
Policy Statement and Amendment of Section 1.80 of the Rules to
Incorporate the Forfeiture Guidelines. In assessing forfeitures,
Section 503(b)(2)(D) of the Act requires that we 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 such other matters as justice may
5. We decline to reduce the proposed forfeiture amount based on Renda's
claim that it has a history of compliance with the Commission's rules.
Renda erroneously states that "this is the first and only FCC
violation in Renda Broadcasting's 30 years of group radio station
ownership." As noted above, the NAL at issue here was preceded by the
issuance of an NOV in 2001. In addition to the violation for failure
to separately register the two WJAS towers, the NOV included
violations for (1) failure to enclose the WJAS towers within effective
locked fences, (2) failure to transmit Emergency Alert System ("EAS")
tests, (3) failure to monitor two EAS sources, (4) failure to post the
Chief Operator designation, (5) failure to maintain a copy of the most
recent ownership report in the station's public inspection file, and
(6) failure to maintain issues/programs lists in its public inspection
file. Further, the Dallas Office issued an NOV on October 22, 2001 to
Anthony F. Renda, dba KBEZ Renda Broadcasting, regarding antenna
structure number 1011460 and on May 20, 2002, the Philadelphia Office
issued an NOV to Renda Broadcasting Inc. regarding AM station WPTT in
6. We have examined the Response to the NAL pursuant to the statutory
factors above, and in conjunction with the Forfeiture Policy
Statement. As a result of our review, we conclude that Renda willfully
and repeatedly violated Section 17.4(a) of the Rules. Considering the
entire record and the factors listed above, we find that neither
reduction nor cancellation of the proposed $3,000 forfeiture is
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
1.80(f)(4) of the Rules, Renda Broadcasting Corporation of Nevada IS
LIABLE FOR A MONETARY FORFEITURE in the amount of three thousand
dollars ($3,000) for willful and repeated violation of Section 17.4(a)
of the Rules.
8. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) days of the release of
this Order. If the forfeiture is not paid within the period specified,
that case may be referred to the Department of Justice for collection
pursuant to Section 504(a) of the Act. 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 by check or money
order may be mailed to Federal Communications Commission, P.O. Box
358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be
sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
Number 043000261, receiving bank Mellon Bank, and account number
911-6106. Requests for full payment under an installment plan should
be sent to: Associate Managing Director, Financial Operations, 445
12th Street, S.W., Room 1A625, Washington, D.C. 20554.
9. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
sent by Certified Mail, Return Receipt Requested, and regular mail, to
Renda Broadcasting Corporation of Nevada at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Russell Monie, Jr.
Regional Director, Northeast Region
47 C.F.R. S 17.4(a).
47 C.F.R. S 17.50.
Renda Broadcasting Corporation of Nevada., Notice of Apparent Liability
for Forfeiture, NAL/Acct. No. 20063240001 (Enf. Bur., Philadelphia Office,
February 27, 2006) ("NAL").
The Philadelphia Office orally granted Renda an extension of time in which
to file its response to the NAL.
47 U.S.C. S 503(b).
47 C.F.R. S 1.80.
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
47 U.S.C. S 503(b)(2)(D).
We note that violations and apparent violations against Renda's parent,
sister, or commonly controlled companies are properly imputed to Renda to
determine whether a reduction based on its past history claim is
appropriate. See, e.g., Petracom of Texarkana, L.L.C., 19 FCC Rcd 8096,
8098 P 7 (Enf. Bur. 2004) (rejecting the licensee's past compliance claim
because a Forfeiture Order had been issued against its sister company).
See Renda Broadcasting Corporation, NOV, File No. EB-01-PA-012 (rel.
January 17, 2001).
Anthony F. Renda, dba KBEZ Renda Broadcasting, Notice of Violation, File
No. EB-01-DL-0776 (rel. October 22, 2001)(failure to cancel a duplicate
antenna structure registration; failure to paint antenna structure as
often as necessary to maintain good visibility); Renda Broadcasting, Inc.,
Notice of Violation, File No. EB-02-PA-207 (rel. May 20, 2002)(failure to
make entries in station logs of adjustments in station parameters and
improper functioning of obstruction lighting; failure of Chief Operator to
sign and date station logs; failure to maintain service contour maps and
issues programs lists in public inspection file; failure to paint antenna
structure as often as necessary to maintain good visibility; failure to
transmit required weekly Emergency Alert System tests; failure to maintain
the station's minimum antenna input power; and failure to notify FCC of
change in antenna structure ownership).
47 U.S.C. S 503(b).
47 C.F.R. SS 0.111, 0.311, 1.80(f)(4).
47 U. S. C. S 504(a).
See 47 C.F.R. S 1.1914.
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Federal Communications Commission DA 06-1941
Federal Communications Commission DA 06-1941