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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
                                                                             
     In the Matter of                        )                               
                                                                             
     Perry Broadcasting Systems              )   File Number EB-08-SJ-045    
                                                                             
     Lajas, PR                               )   NAL/Acct. No. 200932680001  
                                                                             
     Owner of Antenna Structure #s 1063859   )   FRN 10123388                
     and 1063860                                                             
                                             )                               
                                                                             
                                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: November 12, 2008

   By the Resident Agent, San Juan Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Perry Broadcasting Systems ("PBS"), owner of antenna structure #s
       1063859 and 1063860, in Lajas, Puerto Rico, apparently willfully and
       repeatedly violated Sections 17.51(a) and 17.57 of the Commission's
       Rules ("Rules") by failing to exhibit all red obstruction lighting,
       and failing to notify immediately the Commission of a change in
       ownership. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that PBS is apparently
       liable for a forfeiture in the amount of thirteen thousand  dollars
       ($13,000).

   II. BACKGROUND

    2. In response to a complaint of an unlit tower, agents from the
       Commission's San Juan Office of the Enforcement Bureau ("San Juan
       Office") consulted the Commission's Antenna Structure Registration
       ("ASR") database and noted that "International Broadcasting
       Corporation" was listed as the owner of antenna structure #s 1063859
       and 1063860. The agents contacted International Broadcasting
       Corporation and were informed that the structures had been sold to PBS
       in 2001.

    3. On October 13, 2008, the agents observed that the lights on antenna
       structure #s 1063859 and 1063860 were unlit. According the the ASR
       database, antenna structure #s 1063859 and 1063860 are more than 200
       feet in height and require painting and lighting. On October 14, 2008,
       the agents contacted the Federal Aviation Administration ("FAA")'s
       Flight Service Station and were advised that a Notice to Airmen
       ("NOTAM") had not been issued for the antenna structures.

    4. On October 20, 2008, the agents from the San Juan Office returned to
       Lajas and observed that the lights on antenna structure #s 1063859 and
       1063860 were again unlit. On October 22, 2008, the agents spoke to
       PBS' owner, who stated that he was unaware of the tower light outage.
       Moreover, he stated that PBS acquired the two towers in 2001 and that
       the attorney who represented the towers' prior owner failed to file
       the paperwork to update the ASR database. PBS' owner did not respond
       when asked whether the station had installed an automatic alarm system
       to monitor the towers' lights or whether station personnel observed
       the towers' lights visually once every 24 hours.

   III. DISCUSSION

    5. 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) of the Act 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.

    6. Section 17.51(a) of the Rules requires that all red obstruction
       lighting be exhibited from sunset to sunrise unless otherwise
       specified. On October 13 and 20, 2008, agents from the San Juan Office
       observed that all required obstruction lighting on antenna structure
       #s 1063859 and 1063860 were extinguished. PBS was unaware of the
       outages on October 20, 2008 and did not call in a NOTAM regarding the
       outages prior to that date. There was no evidence that PBS had
       installed an automatic alarm system or made an observation of the
       towers' lights visually once every 24 hours.

    7. Section 17.57 of the Rules requires that the owner of an antenna
       structure for which an ASR number has been obtained must immediately
       notify the Commission using FCC Form 854 upon any change in structure
       height or change in ownership information. On October 13 and 20, 2008,
       International Broadcasting Corporation was listed as the owner of
       antenna structure #s 1063859 and 1063860 in the ASR database. PBS
       admitted that it acquired the structures in 2001.

    8. Based on the evidence before us, we find that PBS  apparently
       willfully and repeatedly violated Sections 17.51(a) and 17.57 of the
       Rules by failing to exhibit all red obstruction lighting from sunset
       to sunrise, and failing to notify the Commission immediately of a
       change in structure ownership.

    9. 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 comply with prescribed lighting
       and marking is $10,000 and the base forfeiture amount for failing to
       file required forms or information 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)(E) 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 of the Rules, and the statutory factors to the
       instant case, we conclude that PBS is apparently liable for a  $13,000
       forfeiture.

   IV. ORDERING CLAUSES

   10. 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, Perry Broadcasting Systems
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of thirteen thousand dollars ($13,000) for violations of
       Sections 17.51(a) and 17.57 of the Rules.

   11. 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, Perry Broadcasting
       Systems  SHALL PAY the full amount of the proposed forfeiture or SHALL
       FILE a written statement seeking reduction or cancellation of the
       proposed forfeiture.

   12. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to:  Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.   Please contact the Financial Operations Group Help Desk
       at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, San Juan Office,
       Room 762, Federal Building, Hato Rey, PR 00918-1731 and must include
       the NAL/Acct. No. referenced in the caption.

   14. 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.

   15. 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 Perry Broadcasting Systems  at  its 
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   William Berry

   Resident Agent,

   San Juan Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 17.50, 17.57.

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

   See 47 C.F.R. S: 17.21.

   The agent requested that the FAA issue a NOTAM at that time.

   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."

   See 47 C.F.R. 17.47 (owners of antenna structures which have been assigned
   lighting specifications are required to observe the structure's lights
   once every 24 hours to ensure proper functioning or install an automatic
   alarm system that notifies the owner when the lights are out).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 17.51(a),
   17.57.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission