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                           Before the
                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   )


                                       Released: October 22, 2002

By the Enforcement Bureau, San Juan Office:

                        I.  INTRODUCTION

     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.

                         II.  BACKGROUND

     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  18 21'  17.0" N  /  064 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, 

                        III.  DISCUSSION

     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.   


                         Reuben Jusino
                         Resident   Agent   San   Juan    Office, 
Enforcement Bureau


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.