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



In the Matter of                  )
                                                           )
Puerto Rico Electric Power        )
Authority                         )  File Number EB-02-SJ-010
                                 )
Owner of Antenna Structure        )
Located at:                       ) NAL/Acct. No. 200232680003
Atalaya substation, Ramal Road    )
#411, Barrio Atalaya, Rincon,     )      FRN 0001-7284-01
Puerto Rico, (18-18-43.8 North 
latitude and 067-10-56.6 West 
longitude)

San Juan, PR 

         
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:   February 
20, 2002 

By the Enforcement Bureau, San Juan Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Puerto Rico Electric Power Authority has apparently 
violated Section 17.4(a) of the Commission's Rules1 by failing to 
register its antenna structure located in Atalaya, Rincon, Puerto 
Rico (18-18-43.8 North latitude) and 067-10-56.6 West longitude).  
We conclude that the Puerto Rico Electric Power Authority  is 
apparently liable for forfeiture in the amount of three thousand 
dollars ($3,000).

                         II.  BACKGROUND

     2.   On January 23, 2002, an agent of the FCC's San Juan 
Office inspected a Puerto Rico Electric Power Authority antenna 
structure located at the Atalaya substation, Ramal Road #411, 
Barrio Atalaya, Rincon, Puerto Rico, (18-18-43.8 North latitude 
and 067-10-56.6 West longitude). The agent observed no tower 
registration number visible on or near the base of the structure. 

     3.   On January 29, 2002, the FCC San Juan Office informed 
Roberto Baez and Roberto Jiménez from Puerto Rico Electric Power 
Authority that the tower had no registration number posted.  
Jimenez provided a copy of Federal Aviation Administration 
(``FAA'') Form 7460-1 Notice of Proposed Construction filed on 
November 16, 2001, with the FAA. Jiménez stated that the tower 
had not been registered with the FCC.  A check of the FCC tower 
database confirmed there was no record of registration for the 
tower.



                        III.  DISCUSSION

     4.   Section 17.4(a) of the Rules provides that, effective 
July 1, 1996, owners of any existing antenna structures that 
require notification to the Federal Aviation Administration must 
register the structure with the Commission.2  Puerto Rico 
Electric Power Authority constructed a tower that required 
notification to the FAA, but failed to register the tower with 
the FCC.  We find that Puerto Rico Electric Power Authority 
willfully3 violated Section 17.4(a) by failing to register their 
antenna structure as of January 29, 2002.

     5.   Pursuant to Section 1.80(b)(4) of the Commission's 
Rules,4 the base forfeiture amount for the violation cited in 
this Notice of Apparent Liability is $3,000 (failure to file 
required forms or information).  Section 503(b)(2)(D) of the 
Communications Act of 1934, as amended (``Act''),5 requires us to 
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.''  
Considering the record as a whole and the statutory factors 
listed above, this case warrants a forfeiture in the amount of 
$3,000.

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS ORDERED THAT, pursuant to Section 
503(b) of the Communications Act of 1934, as amended,6 and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Puerto 
Rico Electric Power Authority is hereby NOTIFIED of its APPARENT 
LIABILITY FOR A FORFEITURE in the amount of three thousand 
dollars ($3,000) for violating Section 17.4(a) of the 
Commission's Rules8 by failing to register an antenna structure 
that requires notification to the Federal Aviation 
Administration.

     
     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,9 within thirty days of the release date 
of this NOTICE OF APPARENT LIABILITY, Puerto Rico Electric Power 
Authority SHALL PAY the full amount of the proposed forfeiture or 
SHALL FILE a written statement seeking reduction or cancellation 
of the proposed forfeiture.

     8.   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.

     9.   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. and FRN referenced above.  

     10.  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 
submitted.  

     11.  Requests for payment of the full amount of this Notice 
of Apparent Liability 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.  IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Puerto Rico Electric Power Authority, to the 
attention of  Víctor M. Caparrós, P O Box 364267, San Juan, PR 
00936-4267.
         


                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              William Berry
                              Resident Agent - San Juan
_________________________

1 47 C.F.R § 17.4(a).

2 Id.

3 Section 312(f)(1) of the Communications Act of 1934, as amended 
(``Act''), 47 U.S.C. § 312(f)(1), which applies equally to 
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 (1991).

4 47 C.F.R. § 1.80(b)(4)

5  47 U.S.C. § 503(b)(2)(D).

6 47 U.S.C. § 503(b).

7 47 C.F.R. §§ 0.111, 0.311, 1.80.

8 47 C.F.R. § 17.4(a)

9 47 C.F.R. § 1.80.

10 See 47 C.F.R. § 1.1914.