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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Liberty Cablevision of Puerto Rico, Inc. Owner of Antenna
   Structure No. 1011909 Vega Baja, Puerto Rico ) ) ) ) ) ) ) File No.:
   EB-FIELDSCR-13-00010718 NAL/Acct. No.: 201432680003 FRN: 0004984753




                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: March 19, 2014  Released: March 19, 2014

   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 Liberty Cablevision of Puerto Rico, Inc. (Liberty), owner of
       antenna structure number 1011909 (the Antenna Structure) located in
       Vega Baja, Puerto Rico, apparently willfully and repeatedly violated
       Section 303(q) of the Communications Act of 1934, as amended (Act),
       and Sections 17.47(a) and 17.51(a)  of the Commission's rules (Rules)^
       by failing to exhibit required antenna structure lighting and monitor
       the Antenna Structure's lights. We conclude that Liberty  is
       apparently liable for a forfeiture in the amount of ten thousand
       dollars ($10,000).

   II. BACKGROUND

    2. According to the ASR database, the Antenna Structure stands 61.6
       meters in height above ground level and is required to be lighted with
       red obstruction lighting.^ On August 26 and 28, 2013, agents from the
       San Juan Office observed the Antenna Structure at night and found it
       was unlit.^ On August 29, 2013, an agent from the San Juan Office
       contacted Liberty for more information, but it was unaware of the
       lighting outage.

    1. On September 9, 2013, the San Juan Office issued a Notice of Violation
       (NOV) to Liberty concerning its failure to exhibit the required
       antenna structure lighting.^ In its response to the NOV,^ Liberty
       stated that the lighting may have been damaged in a recent storm and
       that it had repaired the Antenna Structure lighting. Liberty also
       stated that it established a protocol to monitor the Antenna Structure
       lights on a daily basis.^

   III. DISCUSSION

    2. 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.^ Section 312(f)(1) of the Act defines "willful" as the
       "conscious and deliberate commission or omission of [any] act,
       irrespective of any intent to violate" the law.^ The legislative
       history to Section 312(f)(1) of the Act clarifies that this definition
       of willful applies to both Sections 312 and 503(b) of the Act,^ and
       the Commission has so interpreted the term in the Section 503(b)
       context.^  The Commission may also assess a forfeiture for violations
       that are merely repeated, and not willful.^  The term "repeated" means
       the commission or omission of such act more than once or for more than
       one day.^

   A. Failure to Monitor Antenna Structure Lighting and Exhibit Required
   Obstruction Lighting on the Antenna Structure

    3. Section 303(q) of the Act states that antenna structure owners shall
       maintain the lighting of antenna structures as prescribed by the
       Commission.^ Section 17.47(a)(1) of the Rules requires antenna
       structure owners to observe the lights on antenna structures visually
       once every 24 hours or alternatively to install and properly maintain
       an automatic alarm system designed to detect any failure of such
       lights and to provide indication of such failure to the owner.^
       Section 17.51(a) of the Rules states that "[a]ll red obstruction
       lighting shall be exhibited from sunset until sunrise unless otherwise
       specified."^

    4. The evidence in this case is sufficient to establish that Liberty
       violated Section 303(q) of the Act and Sections 17.47(a) and 17.51(a)
       of the Rules. The Antenna Structure is 61.6 meters above ground in
       overall height and is required to be lit with red obstruction lighting
       at night.^ On August 26 and August 28, 2013, agents from the San Juan
       Office observed that the Antenna Structure was not lighted at night.
       On August 29, 2013, Liberty admitted that it was unaware of the
       lighting outage. In response to the NOV, Liberty stated that it
       repaired the Antenna Structure lighting and established a protocol to
       monitor the Antenna Structure lights on a daily basis.^ Because it was
       unaware of the lighting outage on August 29, 2013 and stated in
       response to the NOV that it established a process to monitor the
       structure lights visually, we conclude Liberty was not monitoring the
       Antenna Structure lights as required prior to August 29, 2013.
       Therefore, based on the evidence before us, we find that Liberty
       apparently willfully and repeatedly violated Section 303(q) of the Act
       and Sections 17.47(a) and 17.51(a) of the Rules by failing to monitor
       the Antenna Structure lighting and exhibit the required red
       obstruction lighting on the Antenna Structure.

    B. Proposed Forfeiture

    5. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for failing to comply
       with prescribed lighting requirements is $10,000.^ 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, any 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 Liberty is apparently liable for a
       total forfeiture in the amount of $10,000.

   IV. ORDERING CLAUSES

    6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.204,
       0.311, 0.314, and 1.80 of the Commission's rules, Liberty Cablevision
       of Puerto Rico, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR
       A FORFEITURE in the amount of ten thousand dollars ($10,000) for
       violation of Section 303(q) of the Act and Sections 17.47(a) and
       17.51(a) of the Commission's rules.^

    7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's rules, within thirty (30) calendar days of the release
       date of this Notice of Apparent Liability for Forfeiture, Liberty
       Cablevision of Puerto Rico, Inc. 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 must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account Number
       and FRN referenced above. Liberty Cablevision of Puerto Rico, Inc.
       shall also send electronic notification on the date said payment is
       made to SCR-Response@fcc.gov. Regardless of the form of payment, a
       completed FCC Form 159 (Remittance Advice) must be submitted. When
       completing the FCC Form 159, enter the Account Number in block number
       23A (call sign/other ID) and enter the letters "FORF" in block number
       24A (payment type code).   Below are additional instructions you
       should follow based on the form of payment you select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated.

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101.

    9. Any request for making full payment over time under an installment
       plan should be sent to:  Chief Financial Officer--Financial
       Operations, Federal Communications Commission, 445 12th Street, S.W.,
       Room 1-A625, Washington, D.C.  20554.  If you have questions regarding
       payment procedures, please contact the Financial Operations Group Help
       Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.

   10. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       Sections 1.16 and 1.80(f)(3) of the Rules.^ Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, South
       Central Region, San Juan Office, US Federal Building Room 762, San
       Juan, PR  00918-1731, and include the NAL/Acct. No. referenced in the
       caption. Liberty Cablevision of Puerto, Inc. also shall e-mail the
       written response to SCR-Response@fcc.gov.

   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 principles (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.

   12. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by both Certified Mail, Return Receipt
       Requested, and First Class Mail to Liberty Cablevision of Puerto Rico,
       Inc. at POB 192296 San Juan, PR 00919-2296.

   FEDERAL COMMUNICATIONS COMMISSION

   William Berry

   Resident Agent

   San Juan Office

   South Central Region

   Enforcement Bureau

   ^ 47 U.S.C. S 303; 47 C.F.R. SS 17.47(a), 17.51.

   ^ See Antenna Structure Registration database for antenna structure number
   1045635; see also 47 C.F.R. S 17.21 (requiring antenna structures more
   than 60.96 meters in height to be painted and lighted).

   ^ On August 27, 2013, an agent from the San Juan Office contacted the
   Federal Aviation Administration and learned that no Notice to Airmen
   (NOTAM) had been issued for the Antenna Structure. See 47 C.F.R. S 17.48
   (requiring antenna structure owners to notify the FAA immediately of any
   known outages of tower lighting lasting more than 30 minutes). The agent
   informed the FAA of the lighting outage and the FAA issued a NOTAM for the
   Antenna Structure on August 27, 2013.

   ^  See  Liberty Cablevision of Puerto Rico, Inc., Notice of Violation,
   V201332680007 (Sept. 9, 2013).

   ^  See  Letter from John Conrad, Counsel for Liberty Cablevision of Puerto
   Rico, Inc., to San Juan Office (Sept. 30, 2013) (on file in
   EB-FIELDSCR-13-00010718) (NOV Response).

   ^ Id.

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

   ^ 47 U.S.C. S 312(f)(1).

   ^ H.R. Rep. No. 97-765, 97^th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in Section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the act
   (e.g., Section 503) . . . . As defined[,] . . . `willful' means that the
   licensee knew that he was doing the act in question, regardless of whether
   there was an intent to violate the law. `Repeated' means more than once,
   or where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   Sections 312 and 503, and are consistent with the Commission's application
   of those terms . . . .").

   ^ See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4388 (1991), recons. denied, 7 FCC Rcd 3454 (1992).

   ^ See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 10 (2001) (Callais
   Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   ^ 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 Callais Cablevision, Inc., 16 FCC Rcd  at
   1362.

   ^ 47 U.S.C. S 303(q).

   ^ 47 C.F.R. S 17.47(a)(a).

   ^ 47 C.F.R. S 17.51(a).

   ^ See supra note 2.

   ^ NOV Response at 1.

   ^  The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and
   Order, 12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons.
   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. SS 303(q), 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314,
   1.80, 17.47(a), 17.51(a).

   ^ An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

   ^ See 47 C.F.R. S 1.1914.

   ^ 47 C.F.R. SS 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 14-359

                                       5

   Federal Communications Commission DA 14-359