FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,901
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Federal Communications Commission
3. 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,6 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.9
A. Failure to Comply with Antenna Structure Painting and Lighting Requirements
4. Section 303(q) of the Act states that antenna structure owners shall maintain the painting
and lighting of antenna structures as prescribed by the Commission.'o Section 17.21(a) of the Rules states
that "[a]ntenna structures shall be painted and lighted when: (a) they exceed 60.96 meters (200 feet) in
height above the ground or they require special aeronautical study."" The Antenna Structure is 90 meters
above the ground in height and is required to be painted and lighted2 In addition, according to the
Commission's Antenna Structure Registration database, the structure was constructed in the 2001-2002
timeframe.'3 On December 1, and again on December 8, 2011, an agent from the San Juan Office
observed that the Antenna Structure had never been painted and had no installed lights. Based on the
evidence before us, we find that Renacer apparently willfully and repeatedly violated Section 303(q) of
the Act and Section 17.21 of the Rules by failing to paint and light the Antenna Structure.
4 47 U.S.C. 503(b).
5 47 U.S.C. 312(f)(1).
6 H.R. Rep. No. 97-765, 97" 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 ....").
7 See, e.g., Application for Review of Southern California Broadcasting Co., Memorandum Opinion and Order, 6
FCC Recd 4387, 4388 (1991), recons. denied, 7 FCC Red 3454 (1992).
' See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Red 1359, 1362,
para. 10 (2001) (Callais Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable television operator's
repeated signal leakage).
9 Section 312(f)(2) of the Act, 47 U.S.C. 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 Red at 1362.
10 47 U.S.C. 303(q).
" 47 C.F.R. 17.21(a).
12 See Antenna Structure Registration database for antenna structure number 1230863.
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012, book, August 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133015/m1/68/: accessed August 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.