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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-SJ-057
Three Angels Corp. ) NAL/Acct. No.200332680001
Owner of Antenna Structure )
1235917 ) FRN 0007441926
St. Thomas, United States Virgin )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 22, 2002
By the Enforcement Bureau, San Juan Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Three Angels Corporation (``Three Angels''),
owner of antenna structure no. 1235917, apparently liable for a
forfeiture in the amount of thirteen thousand dollars ($13,000)
for willful and repeated violation of Sections 17.4(a) and
17.21(a) of the Commission's Rules (``Rules'').1 Specifically,
we find Three Angels apparently liable for failing to register
its antenna structure with the Commission and for failing to
paint its antenna structure.
2. On or about August 28, 2000, Three Angels constructed
the antenna supporting structure 1235917 located at 22A Estate
Dorothea, St. Thomas, U.S. Virgin Islands. This structure is used
as part of radio station WGOD, Charlotte Amalie, U.S. Virgin
Islands. Three Angels is also the licensee of station WGOD.
3. On September 10, 2002, an agent from the Commission's
San Juan Office observed Three Angels' antenna structure at or
near coordinates 18º 21' 17.0" N / 064º 57' 58.0" W in St.
Thomas, U.S. Virgin Islands. The structure was not painted or
lighted and no Antenna Structure Registration (``ASR'') number
was observable at or near the base of the structure. The
Commission's ASR database showed no antenna structure registered
at or near this location.
4. On September 11, 2002, the agent conducted an
inspection of radio station WGOD and the associated antenna
structure from which the FM broadcast station transmits its
signal. The antenna structure was not painted or lighted. Three
Angels was not able to produce any evidence that the structure
was registered with the Commission, but did provide the agent
with Federal Aviation Administration (``FAA'') Aeronautical Study
No. 00-ASO-6223-OE which advised the applicant, Three Angels, of
the need to mark (paint) and light the structure. Three Angels
subsequently registered its antenna structure on September 17,
5. Section 17.4(a) requires that effective July 1, 1996,
the owner of any proposed or existing antenna structure that
requires notice of proposed construction to the FAA must register
the structure with the Commission. Three Angels' antenna
structure required notice of proposed construction to the FAA,
and thus required registration with the Commission, because the
structure exceeded the height specifications in Section 17.7 of
the Rules2 as evidenced by the FAA determination of ``No
Hazard.'' From approximately August 28, 2000, until September
17, 2002, Three Angels failed to register its antenna structure
with the Commission.
6. Section 17.21(a) requires that antenna structures be
painted and lighted when they exceed 60.9 meters (200 ft.) in
height above ground level or, as in the instant case, the
structure requires special aeronautical study due to it's close
proximity to an airport. In addition, the FAA's determination of
``No Hazard'' for this structure specified that the structure be
painted and lighted. Three Angels, as the owner of the antenna
structure, is responsible for the structure's marking and
lighting.3 On September 10 and 11, 2002, Three Angels' antenna
structure was not painted.
7. Based on the evidence before us, we find Three Angels
willfully4 and repeatedly5 violated Sections 17.4(a) and 17.21(a)
by failing to register its antenna structure with the Commission
and by failing to mark (paint) the structure.
8. Pursuant to Section 1.80(b)(4) of the Rules,6 the base
forfeiture amount for failure to mark an antenna structure is
$10,000, and for failure to register an antenna structure is
$3000. 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 Communications Act of 1934, as amended
(``Act''), which include 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.7 Considering
the entire record and applying the factors listed above, this
case warrants a $13,000 forfeiture.
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the
Rules,9 Three Angels Corp. is hereby NOTIFIED of this APPARENT
LIABILITY FOR A FORFEITURE in the amount of thirteen thousand
dollars ($13,000) for willful and repeated violation of Sections
17.4(a) and 17.21(a) of the Rules by failing to paint and
register its antenna structure located at 22A Estate Dorothea,
St. Thomas, U.S. Virgin Islands.
10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
Three Angels Corp SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
11. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note the
NAL/Acct. No. and FRN referenced above. Requests for payment of
the full amount of this NAL under an installment plan should be
sent to: Chief, Revenue and Receivables Operations Group, 445
12th Street, S.W., Washington, D.C. 20554.10
12. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street SW, Washington DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct.
No. referenced above.
13. 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
14. Under the Small Business Paperwork Relief Act of 2002,
Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is
engaged in a two-year tracking process regarding the size of
entities involved in forfeitures. If you qualify as a small
entity and if you wish to be treated as a small entity for
tracking purposes, please so certify to us within thirty (30)
days of this NAL, either in your response to the NAL or in a
separate filing to be sent to the Technical & Public Safety
Division. Your certification should indicate whether you,
including your parent entity and its subsidiaries, meet one of
the definitions set forth in the list provided by the FCC's
Office of Communications Business Opportunities (OCBO) set forth
in Attachment A of this Notice of Apparent Liability. This
information will be used for tracking purposes only. Your
response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to Section
503(b) of the Communications Act. If you have questions
regarding any of the information contained in Attachment A,
please contact OCBO at (202) 418-0990.
15. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to Three Angels Corp. 22 Estate Dorothea, St. Thomas USVI 00803.
FEDERAL COMMUNICATIONS COMMISSION
Resident Agent San Juan Office,
1 47 C.F.R. §§ 17.4(a) and 17.21(a).
2 47 C.F.R. § 17.7.
3 See 47 C.F.R. § 17.6.
4 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 . . . .'' See Southern California Broadcasting Co., 6
FCC Rcd 4387-88 (1991).
5 The 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.'' 47 U.S.C. §
6 47 C.F.R. § 1.80(b)(4).
7 47 U.S.C. § 503(b)(2)(D).
8 47 U.S.C. § 503(b).
9 47 C.F.R. §§ 0.111, 0.311, 1.80.
10 See 47 C.F.R. § 1.1914.