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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of The Catholic, Apostolic & Roman Catholic Church in Puerto
   Rico Licensee of Station WKVM-AM San Juan, PR Owner of Antenna Structure
   Nos.: 1011472, 1011473, 1011474 ) ) ) ) ) ) ) ) ) ) File No.:
   EB-FIELDSCR-13-00007724 NAL/Acct. No.: 201432680001 FRN: 0005815618
   Facility ID No.: 8096




                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: January 17, 2014 Released: January 17, 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 The Catholic, Apostolic & Roman Catholic Church in Puerto Rico
       (Church), licensee of AM Station WKVM (Station) located in San Juan
       Puerto Rico, apparently willfully and repeatedly violated Section
       73.49  of the Commission's rules (Rules),^ by failing to have an
       effective locked fence or other enclosure around its antenna
       structures. We conclude that the Church  is apparently liable for a
       forfeiture in the amount of seven thousand dollars ($7,000).

   II. BACKGROUND

    2. On April 3 and 8, 2013, an agent from the Enforcement Bureau's San
       Juan Office (San Juan Office) inspected the Station's three antenna
       structures,^ while the Station was in operation and observed that the
       individual fences surrounding each structure were missing several
       pickets, which allowed access to each of the structures. In addition,
       the individual fence surrounding one of the structures had a portion
       of the fence on the ground and an open gate. Finally, the agent
       observed that the perimeter fence surrounding the property was not
       locked or intact, as one section lay on the ground.

    3. On April 16, 2013, the San Juan Office issued a Notice of Violation
       (NOV) to the Church regarding the Station's antenna structure fences.^
       In response, the Church stated that prior to September/October 2012,
       the individual fences around the three antenna structures were intact
       and that the fences were damaged in the fall of 2012 by heavy storms.^
       Moreover, the Church stated that the perimeter property fence gate was
       damaged, by an unknown party, in the January/February 2013 timeframe.^
       The Church claimed that it was delayed in making repairs due to the
       recent weather. Finally, the Church stated it completed the repairs to
       the individual antenna structure fences and was scheduled to repair
       the perimeter gate the week of May 6, 2013.^

   III. DISCUSSION

    4. Section 503(b) of the Communications Act of 1934, as amended (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 Enclose the Antenna Structure Within an Effective Locked
   Fence or Other Enclosure

    5. Section 73.49 of the Rules states that antenna structures "having
       radio frequency potential at the base . . . must be enclosed within
       effective locked fences or other enclosures."^ Individual fences need
       not be installed if the antenna structures are contained within a
       protective property fence.^ The Station's three antenna structures
       have radio frequency potential at their bases.^ On April 3, 2013 and
       again on April 8, 2013, an agent from the San Juan Office observed
       that the Station's three antenna structures were not enclosed within
       effective locked fences. The agent observed that all three of the
       individual fences were missing pickets, which allowed easy access to
       the bases. Moreover, one of the individual fences had a portion on the
       ground and an open gate. The agent also observed that the perimeter
       property fence was unlocked and had a section that had fallen down.
       The Church admitted that the individual fences and perimeter property
       fence were damaged in the fall of 2012 and early 2013, respectively.
       Therefore,  based on the evidence before us, we find that the Church
       apparently willfully and repeatedly violated Section 73.49 of the
       Rules by failing to have an effective locked fence or other enclosure
       around the bases of its antenna structures.

    B. Proposed Forfeiture

    6. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for an AM tower fencing
       violation is $7,000.^ 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 the
       Church  is apparently liable for a total forfeiture in the amount of
       $7,000.

   IV. ORDERING CLAUSES

    7. 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, The Catholic,
       Apostolic & Roman Catholic Church in Puerto Rico is hereby NOTIFIED of
       this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven
       thousand dollars ($7,000) for violation of Section 73.49 of the
       Commission's rules.^

    8. 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, The
       Catholic, Apostolic & Roman Catholic Church in Puerto Rico SHALL PAY
       the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

    9. 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. The Catholic, Apostolic & Roman Catholic
       Church in Puerto Rico 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.

   10. 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.

   11. 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. Steckline Communications, Inc. also shall e-mail the written
       response to SCR-Response@fcc.gov.

   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 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.

   13. 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 The Catholic, Apostolic & Roman
       Catholic Church in Puerto Rico at POB 9021967 San Juan, PR 00902-1967,
       and to its attorneys, Francisco R. Montero & Robert J. Schill at
       Fletcher, Heald and Hildreth, 1300 North 17th Street, 11th Floor,
       Arlington, VA 22209.

   FEDERAL COMMUNICATIONS COMMISSION

   Reuben Jusino

   Resident Agent

   San Juan Office

   South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. S 73.49.

   ^ The Church owns antenna structure numbers 1011472, 1011473, and 1011474.

   ^3 The Catholic, Apostolic & Roman Catholic Church in Puerto Rico, Notice
   of Violation, V326820130003 (Apr. 16, 2013) (on file in
   EB-FIELDSCR-13-00007724) (NOV).

   ^ Letter from Francisco R. Montero, counsel for The Catholic, Apostolic &
   Roman Church in Puerto Rico, to the San Juan Office, Enforcement Bureau at
   1 (May 3, 2013) (on file in EB-FIELDSCR-13-00007724) (NOV Response).

   ^ Id.

   ^ Id. at 2. The Church provided photographs of the repairs to the
   individual base fences.

   ^ 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 C.F.R. S 73.49.

   ^ Id.

   ^ See License File No. BR-20050214AAU.

   ^ 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. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80,
   73.49.

   ^ 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 14-59

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   Federal Communications Commission DA 14-59