Click here for Adobe Acrobat version
Click here for Microsoft Word version


This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


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

In the Matter of                )
                                )       File No. EB-02-SJ-019
Concilio Mision Cristiana Fuente de Agua Viva     )    
San Juan, Puerto Rico           )       NAL/Acct.             No. 
                                )       FRN 0000-0131-85


     Adopted:  March 27, 2003           Released:  March 31, 2003

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this Memorandum  Opinion and  Order (``Order''),  we 
deny the petition for reconsideration filed on November 1,  2002, 
by Concilio Mision Cristiana Fuente de Agua Viva  (``Concilio'').  
Cocilio seeks reconsideration of the Forfeiture Order,1 in  which 
the Chief, Enforcement Bureau (``Bureau''), found it liable for a 
monetary forfeiture  in the  amount of  $15,000 for  willful  and 
repeated violation of Section  17.4(g) of the Commission's  Rules 
(``Rules''),2 and willful violation  of Sections 17.51 and  17.57 
of the Rules.3  The  noted violations involve Concilio's  failure 
to have  its  antenna  structure  registration  (``ASR'')  number 
posted, failure to exhibit  the prescribed obstruction  lighting, 
and failure to notify the Commission of a change in the ownership 
of the antenna  structure.  For the  reasons discussed below,  we 
affirm the monetary forfeiture in the amount of $15,000.

                         II.  BACKGROUND

     2.   Concilio is the licensee of radio station WRSJ(AM)  and 
the  owner  of  that  station's  antenna  structure,  ASR  number 
1010646, in Guaynabo, Puerto Rico.   On March 26, 2002, an  agent 
from the Commission's San Juan Resident Agent Office (``San  Juan 
Office'')  inspected  antenna   structure  1010646.   The   agent 
observed that the antenna structure  did not have its ASR  number 
posted on or near the base  of the structure or anywhere else  on 
the property.   The agent  also observed  that, although  it  was 
after  local  sunset,  the  lights  on  the  structure  were  not 
functioning.  The  ASR  database  listed  the  owner  of  antenna 
structure 1010646  as  Andres  Gomez DBA  ABG  Realty  Investment 

     3.   When the agent inspected station WRSJ(AM) on March  27, 
          2002, he informed WRSJ's  general manager and  engineer 
          that  the   antenna   structure's  lighting   was   not 
          functioning.  The general manager and the engineer both 
          told the  agent  that  the antenna  structure  did  not 
          require registration  or lighting  because its  overall 
          height  above  ground  was  153  feet.5   The   station 
          license,   however,   indicated   that   the    antenna 
          structure's overall height  was 222.5  feet.  On  March 
          28, 2002, the  agent determined  by triangulation  that 
          the overall  height of  antenna structure  1010646  was 
          approximately 230 feet.   On April 2,  2002, the  agent 
          returned to  antenna  structure  1010646  and  observed 
          Concilio measure the antenna structure's overall height 
          and determine it to be 222.5 feet above the ground.  On 
          April 2, 2002,  the agent also  observed that  Concilio 
          still had not posted the ASR number on or near the base 
          of the  antenna  structure  or  anywhere  else  on  the 

     4.   On May 14, 2002, the  San Juan Office issued a  $15,000 
          NAL to Concilio for  willful and repeated violation  of 
          Section 17.4(g) of the Rules, and willful violation  of 
          Sections 17.51 and  17.57.  Concilio  responded to  the 
          NAL seeking  cancellation of  the proposed  forfeiture.  
          On October 3, 2002,  the Enforcement Bureau released  a 
          Forfeiture Order affirming  the forfeiture proposed  by 
          the NAL. On November 1, 2002, Concilio filed a petition 
          for reconsideration of the Forfeiture Order.   Concilio 
          does  not   dispute   the   violations   but   requests 
          cancellation or reduction of the forfeiture.

                           III.  DISCUSSION

          5.   Section 17.57 of the  Rules requires that  antenna 
structure owners immediately notify the Commission using FCC Form 
854 of  any  change  in  ownership.   Concilio  argues  that  the 
Commission cannot impose a forfeiture for failure to notify it of 
the  ownership  change  because   the  Commission  had   approved 
Concilio's acquisition of station WRSJ(AM) and, therefore,  ``was 
fully aware  that the  ownership  of the  station and  tower  had 
changed to the  Concilio.''6  Filing an  application to assign  a 
station license does not notify the Commission of a change in the 
ownership of the station's antenna structure because  acquisition 
of a  station does  not necessarily  include acquisition  of  the 
station's antenna structure.  Concilio  was required to file  FCC 
Form  854  and  did  not  do  so.   Accordingly,  we  affirm  the 
imposition of  a forfeiture for this violation.

          6.   Concilio argues  that  its  lighting  and  posting 
violations are the product of  its reliance on incorrect  antenna 
height information  provided by  Gomez  and that  the  Forfeiture 
Order  should  have  found   that  this  circumstance   mitigates 
Concilio's violations.  Concilio made  a similar argument in  its 
response to  the NAL  and provides  nothing new  to support  this 
argument.  As  pointed  out  in  the  Forfeiture  Order,  it  was 
Concilio's duty to  know the height  of WRSJ's antenna  structure 
and WRSJ's  station license  put  Concilio on  notice as  to  the 
actual height of  the antenna  structure.  Therefore,  Concilio's 
failure to meet  the lighting  and posting  requirements for  its 
tower resulted from its failure to have accurate knowledge of its 
operations and to apply the rules correctly.

          7.   Concilio  contends  that  the  $15,000  forfeiture 
amount imposed in this case is excessive. Concilio cites  Charter 
Communications, 17 FCC Rcd  7310 (Enf. Bur.  2002), in which  the 
Enforcement Bureau imposed forfeitures totaling $10,000 on  three 
subsidiaries of Charter Communications for violations of Sections 
17.4(g) and 17.57 of the Rules.  That case is inapposite because, 
unlike this case, it did  not include a tower lighting  violation 
(Section 17.51 of the Rules).   As indicated in the NAL, the  San 
Juan Office calculated the $15,000 forfeiture amount by combining 
the following base forfeiture amounts:  $10,000 for the  lighting 
violation,7 $3,000  for  failure to  file  a required  form8  and 
$2,000 for failure  to post  the ASR number.9   We conclude  that 
$15,000 is the proper forfeiture amount.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
405 of the  Communications Act of  1934, as amended  (``Act''),10 
and  Section  1.106  of  the  Rules,11  Concilio's  petition  for 
reconsideration of  the  October  3, 2002,  Forfeiture  Order  IS 
DENIED and the issuance of the $15,000 forfeiture IS AFFIRMED. 

     9.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of  the Rules within 30 days of  the 
release of this Order.  If the forfeiture is not paid within  the 
period specified, the case may  be referred to the Department  of 
Justice for collection pursuant to  Section 504(a) of the  Act.12  
Payment shall be made by  mailing a check or similar  instrument, 
payable  to   the   order   of   the   ``Federal   Communications 
Commission,'' to the Federal Communications Commission, P.O.  Box 
73482, Chicago,  Illinois 60673-7482.   The payment  should  note 
NAL/Acct. No. 200232680004, and  FRN 0000-0131-85.  Requests  for 
full payment under an installment plan should be sent to:  Chief, 
Revenue and Receivables Operations Group, 445 12th Street,  S.W., 
Washington, D.C. 20554.13

     10.  IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent  by  regular  mail  and  Certified  Mail  Return  Receipt 
Requested to Concilio  Mision Cristiana  Fuente de  Agua Viva  at 
P.O. Box 4039, Carolina, Puerto Rico 00984, and to its  attorney, 
John A. Borsari, Esq., at Borsari & Associates, PLC, P.O. Box 29, 
Arlington, Virginia 22210.


                         David H. Solomon
                         Chief, Enforcement Bureau


  1   17 FCC Rcd 19132 (Enf. Bur. 2002)

  2    47 C.F.R.  17.4(g). 

  3    47 C.F.R.  17.51 and 17.57.

  4 Gomez  is the former licensee  of WRSJ(AM).  The license  was 
assigned to Concilio on December 4, 1996.

  5 Antenna structures  whose overall height above the ground  is 
less  than  200  feet  are   not  subject  to  the   Commission's 
registration, lighting and marking  requirements.  See 47  C.F.R. 
 17.4, 17.7 and 17.21.

  6 Petition for Reconsideration, p. 2.

  7 47 C.F.R.  1.80(b)(4), Note to Paragraph 4(b), Section I.

  8 Id.

  9 American Tower Corporation, 16 FCC Rcd 1282 (2001).

  10 47 U.S.C.  405.

  11 47 C.F.R.  1.106.

  12  47 U.S.C.  504(a).

13          See 47 C.F.R.  1.1914.