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Before the
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 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 27, 2006
By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Renda Broadcasting Corporation of Nevada ("Renda"), owner of
antenna structures #124830 and #124831, and licensee of station WJAS
in Pittsburgh, Pennsylvania, apparently willfully and repeatedly
violated 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. We conclude, pursuant to Section 503(b) of
the Communications Act of 1934, as amended ("Act"), that Renda is
apparently liable for a forfeiture in the amount of three thousand
dollars ($3,000).
II. BACKGROUND
2. On March 24, 2005, agents with the Philadelphia Office conducted a
follow-up 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.
3. On April 19, 2005, the Philadelphia Office issued a Letter of Inquiry
to Renda requesting information about the registration for WJAS's
antenna structures. In a response received on May 11, 2005, Renda
acknowledged that the WJAS antenna structures still were not
individually registered. Renda reported, however, that it recently had
submitted two applications with the FCC to register each of its
antenna structures. The agent confirmed that, on May 10, 2005, the FCC
assigned ASR #124830 to the WJAS east tower and ASR # 124831 to the
WJAS west tower.
III. DISCUSSION
4. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty. The term "willful" as used in Section 503(b) has been
interpreted to mean simply that the acts or omissions are committed
knowingly. The term "repeated" means the commission or omission of
such act more than once or for more than one day.
5. Section 17.4(a) of the Rules requires that, effective July 1, 1996,
the owner of any proposed or existing antenna structure that requires
notice of proposed construction to the Federal Aviation Administration
must register the structure with the Commission." Section 17.7(a) of
the Rules specifies that a notification to the Federal Aviation
Administration is required for any construction or alteration of more
than 60.96 meters (200 feet) in height above ground level at its site.
WJAS's towers exceed 200 feet and therefore compliance with Section
17.4(a) of the rules is required and each tower must be registered
with the FCC. Notwithstanding the January 17, 2001 NOV, which
specifically advised Renda that its towers needed to be individually
registered, the towers continued to be registered under a single ASR
number until May 10, 2005. Indeed, Renda did not file applications to
individually register the towers until after the follow-up inspection
by FCC agents on March 24, 2005.
6. Based on the evidence before us, we find that Renda apparently
willfully and repeatedly violated Section 17.4(a) of the Rules by
failing to register individually each of its WJAS antenna structures.
7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
base forfeiture amount for failing to file required forms is $3,000.
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
Act, which include the nature, circumstances, extent, and gravity of
the violations, and with respect to the violator, the degree of
culpability, and history of prior offenses, ability to pay, and other
such matters as justice may require. Applying the Forfeiture Policy
Statement, Section 1.80, and the statutory factors to the instant
case, we conclude that Renda is apparently liable for a $3,000
forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311,
0.314 and 1.80 of the Commission's Rules, Renda Broadcasting
Corporation of Nevada is hereby NOTIFIED of this APPARENT LIABILITY
FOR A FORFEITURE in the amount of three thousand dollars ($3,000) for
violations of Section 17.4(a) of the Rules.
9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's Rules within thirty days of the release date of this
Notice of Apparent Liability for Forfeiture, Renda Broadcasting
Corporation of Nevada SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
10. 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.
11. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Northeast Region, Philadelphia Office,
One Oxford Valley Building, Suite 404, 2300 East Lincoln Highway,
Langhorne, Pennsylvania 19047 and must include the NAL/Acct. No.
referenced in the caption.
12. 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.
13. Requests for payment of the full amount of this Notice of Apparent
Liability for Forfeiture under an installment plan should be sent to:
Associate Managing Director, Financial Operations, 445 12th Street,
S.W., Room 1A625, Washington, D.C. 20554.^8
14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture 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
John Rahtes
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau
47 C.F.R. S 17.4(a).
47 U.S.C. S 503(b).
Section 312(f)(1) of the Act, 47 U.S.C. S 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 or any rule or regulation of the Commission
authorized by this Act...." See Southern California Broadcasting Co., 6
FCC Rcd 4387 (1991).
Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
violations for which forfeitures are assessed under Section 503(b) of the
Act, provides that "[t]he 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 C.F.R. S 17.7(a).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S1.80.
47 U.S.C. S 503(b)(2)(D).
47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 17.4(a).
^8See 47 C.F.R. S 1.1914.
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Federal Communications Commission
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Federal Communications Commission