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

In the Matter of                  )      File Number EB-02-SJ-087
Jorge L Estrada                   )     NAL/Acct. No.200332680002
Owner of Antenna Structure        )
#1043939 in Cubuy, Puerto Rico    )                FRN 0008354300
Bayamon, Puerto Rico              )


                                 Released: February 13, 2003

By the Enforcement Bureau, San Juan Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''), we  find  Jorge L  Estrada, owner  of 
antenna  tower structure  1043939 located  in Cubuy,  Puerto 
Rico, apparently  liable for a  forfeiture in the  amount of 
ten  thousand dollars  ($10,000)  for  willful and  repeated 
violation  of  Section  17.51   of  the  Commission's  Rules 
(``Rules'').1   Specifically,   we  find  Jorge   L  Estrada 
apparently   liable   for   failure  to   exhibit   required 
obstruction lighting. 

                         II.  BACKGROUND

     2.   On  December  12,   2002,  the  antenna  structure 
bearing FCC antenna  structure registration (``ASR'') number 
1043939 and  located 1.1 miles  NE of  road 186 Km  9.2, Bo. 
Cubuy, in Canovanas, Puerto Rico, was inspected by agents of 
the  Commission's   San  Juan   Office.   At  the   time  of 
inspection, the structure's top red  beacon and three of its 
sidelights were  dark.  The Commission's ASR  database shows 
the  registered  owner  of  this structure  to  be  Jorge  L 

     3.   On December  16, 2002, the agents  interviewed the 
structure owner,  Jorge L. Estrada,  who stated that  he was 
aware the  lights were out and  that no report of  the light 
outage had been made  to the Federal Aviation Administration 

                      III.  DISCUSSION

     4.   Antenna structure  registration #1043939 specifies 
lighting for this structure  that includes requirements that 
the structure be  lit at night with red top  beacon and side 
lights.  Jorge  L. Estrada is  the registered owner  of this 
structure.  Section 17.51 of the Rules requires that all red 
obstruction  lighting be  exhibited from  sunset to  sunrise 
unless otherwise  specified.  From  at least December  12 to 
16, 2002,  Jorge L Estrada's antenna  structure #1043939 had 
the red  top beacon and  three of its sidelights  dark.  The 
owner had made no report of the light outage to the FAA.2

     5.   Based on the  evidence before us, we  find Jorge L 
Estrada willfully3 and repeatedly4 violated Section 17.51 of 
the Rules by failing to exhibit all required red obstruction 
lighting from sunset to sunrise.

     6.   Pursuant to Section 1.80(b)(4)  of the Rules,5 the 
base  forfeiture  amount  for  failure to  exhibit  all  red 
obstruction lighting from sunset  to sunrise is ten thousand 
dollars  ($10,000).  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.6   Considering the  entire 
record  and applying  the  factors listed  above, this  case 
warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     7.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,7  and Sections 0.111,  0.311 and 
1.80 of  the Rules,8 Jorge  L Estrada is hereby  NOTIFIED of 
ten  thousand dollars  ($10,000)  for  willful and  repeated 
violation  of  Section 17.51  of  the  Rules by  failing  to 
exhibit all required red obstruction lighting from sunset to 

     8.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Jorge  L Estrada SHALL PAY the full  amount of the 
proposed  forfeiture  or  SHALL  FILE  a  written  statement 
seeking   reduction   or   cancellation  of   the   proposed 

     9.   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. 20554.9

     10.  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.  

     11.  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 

     12.  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.

     13.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested to Jorge L Estrada., Calle 5D1, Alturas de 
Flamboyan, Bayamon, Puerto Rico 00959.   


                         William Berry
                         San Juan Office, Enforcement Bureau

1 47 C.F.R.  17.51.

2 See 47 C.F.R.  17.48(a).

3 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 

4 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.  312(f)(2).

5 47 C.F.R.  1.80(b)(4).

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

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.