FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,902
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B. Proposed Forfeiture Amount and Reporting Requirement
5. Pursuant to the Commission's Forfeiture Policy Statement and Section 1.80 of the Rules,
the base forfeiture amount for failing to paint and light the antenna structure is $10,000.'4 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.'5 Because the Antenna Structure has remained unpainted and
unlit for more than ten years, we find this violation egregious and warranting an upward adjustment of
$10,000.16 Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors
to the instant case, we conclude that Renacer is apparently liable for a total forfeiture in the amount of
6. We direct Renacer to submit a written statement, pursuant to Section 1.16 of the Rules,"
signed under penalty of perjury by an officer or director of Renacer, stating that it is now in compliance
with the Commission's antenna structure painting, lighting and monitoring"8 requirements and has
updated the Antenna Structure Registration database to reflect any new studies issued by the Federal
Aviation Administration (FAA). This statement must be provided to the San Juan Office at the address
listed in paragraph 9 within thirty (30) calendar days of the release date of this NAL.
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,
Renacer Broadcasters Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of twenty thousand dollars ($20,000) for violations of Section 303(q) of
the Act and Section 17.21 of the rules.'9
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 and
Order, Renacer Broadcasters Corporation SHALL PAY the full amount of the proposed forfeiture or
SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.
9. IT IS FURTHER ORDERED that Renacer Broadcasters Corporation SHALL
SUBMIT a statement as described in paragraph 6 above, within thirty (30) calendar days of the release
date of this Notice of Apparent Liability for Forfeiture and Order. The statement must be mailed to
14 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. 1.80.
is 47 U.S.C. 503(b)2)(E).
16 Cf. Telava Wireless, Inc., Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 3239 (Enf. Bur. 2012)
(upwardly adjusted by $5,000 because owner knew or should have known that its antenna structure lights were unlit
for more than one year and took no action until being notified by Commission agents).
'7 47 C.F.R. 1.16.
'" See 47 C.F.R. 17.47 (requiring antenna structure owners to make an observation of antenna structure lights at
least once every 24 hours or to employ an automatic light monitoring system). See also 47 C.F.R. 17.48 (requiring
antenna structure owners to notify the Federal Aviation Administration in the event of certain antenna structure
'~9 47 U.S.C. 303(q), 503(b); 47 C.F.R. 0.111, 0.204, 0.311, 0.314, 1.80, 17.21.
Federal Communications Commission
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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/m1/69/: accessed March 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.