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I.   a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)Documentg2iemRPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCdddddda1#?@"5@^(1<+ X- X #Xj\  P6G; DXP# Federal Communications Commission FCC 97104 _____________________________________________________________________________  X- *2Before the V FEDERAL COMMUNICATIONS COMMISSION  X-Washington, D.C. 20554 ă In the Matter ofR) R)  X -Chesapeake Bay ContractorsR)hNAL/Acct. No. 315NF0016 Virginia Beach, Virginia R)  X - | MEMORANDUM OPINION AND ORDER ă  X-Adopted: March 21, 1997hh@hReleased: March 27, 1997 By the Commission:  X4- ` x1. ` ` Before the Commission is an Application for Review filed by Chesapeake Bay  xContractors (Chesapeake). Chesapeake appeals an Order by the Compliance and Information  xBureau (Bureau) denying reconsideration of a monetary forfeiture of $6,400 imposed pursuant  xto Section 503(b) of the Communications Act of 1934, as amended, (the Act), 47 U.S.C.   xl503(b), for failing to comply with tower lighting and painting requirements in violation of  X- xSections 17.24 and 17.50 of the Commission's rules, 47 C.F.R.  17.24,17.50. Chesapeake Bay  X-Contractors, 9 FCC Rcd 1647 (CIB 1994).  X|- ` Cx2. ` ` In the Application for Review, Chesapeake raised the following arguments.  xChesapeake contended that the reference to lighting and painting requirements in its station  XN- x\license "was overlooked by this Company not ignored," and that Chesapeake would have  xrequired its contractor to comply with the requirements if Chesapeake had been aware of the  x.requirements when the tower was reinstalled prior to renewal of the license. It also contended  xthat if it had known about the possibility of seeking an exemption, it would have done so. In  x-addition, Chesapeake contended that trees nearby are just as tall and it "seems that an exemption  xzfor the trees surrounding the tower would have been just as appropriate." Chesapeake also  xclaimed that it did not willfully violate the Act. In support of this claim, Chesapeake stated that  xthe Bureau cannot "'redefine' the word [willful] to suit a particular purpose." We have  xjconsidered Chesapeake's Application for Review and conclude that all of the arguments raised  xtherein were previously considered by the Bureau, thoroughly discussed, and properly decided. Therefore, we find no reason to disturb the Bureau's decision.  X:&- ` x3.` ` We note that, with respect to the monetary forfeiture amount, the Bureau followed  X#'- xthe guidelines established in the Commission's Policy Statement, Standards for Assessing  X (- x.Forfeitures (Policy Statement), 8 FCC Rcd 6215 (1993). On July 24, 1994, the Court of Appeals  X(- xfor the D.C. Circuit vacated the forfeiture guidelines. United States Telephone Assn. v. FCC,  x[28 F.3d 1232 (D.C. Cir. 1994). Therefore, we have evaluated the forfeiture amount in the instant  xcase in light of the statutory factors outlined in Section 503(b)(2)(D) of the Act. 47 U.S.C. "*,,,O)"  x503(b)(2)(D). In particular, Section 503(b) of the Act requires that the Commission "take into  x=account the nature, circumstances, extent, and gravity of the violation, and with respect to the  xviolator, the degree of culpability, any history of prior offenses, ability to pay, and other such  X- xmatters as justice may require." Id. After evaluating the facts and circumstances in the case  x<under the statutory guidelines, we conclude that a forfeiture in the amount of $6,400 is warranted.  X- xZThe tower conditions at issue impaired the safety of air navigation. Chesapeake Bay Contractors,  x=9 FCC Rcd 1647 (CIB 1994). We consider air navigation safety to be of the utmost importance.  xHere the license issued in 1988 contained clear and unambiguous lighting and painting  xrequirements for a tower located within one mile of the Oceana Naval Air Station,Virginia Beach,  xVirginia. The licensee did not comply with these requirements. We therefore find the forfeiture  xof $6,400 assessed by the Bureau to be justified under the totality of the circumstances surrounding the violation.  X - ` Cx4.` ` Accordingly, IT IS ORDERED, that pursuant to 47 C.F.R.  1.115(g), the  X -Application for Review filed by Chesapeake Bay Contractors IS DENIED .  X- ` ox5.` ` IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, 47  xU.S.C.  503(b) and Section 1.80 of the Commission's rules, 47 C.F.R.  1.80, Chesapeake Bay  xContractors is liable for a monetary forfeiture in the amount of six thousand four hundred dollars  xM($6,400) for violating Sections 17.24 and 17.50 of the Commission's rules, 47 C.F.R.  17.24,  x17.50. The amount specified was determined after consideration of the factors set forth in Section 503(b) of the Act.  X- ` x6.` ` IT IS FURTHER ORDERED that pursuant to Section 1.80(h) of the  xCommission's rules, 47 C.F.R.  1.80(h), Chesapeake Bay Contractors, shall, within thirty (30)  xdays of the release date of this Order, pay the full amount of the forfeiture. Payment may be  x=made by check or money order payable to the Federal Communications Commission. Payment  X- xmay also be made by credit card with the appropriate documentation.A X -ԍ#C\  P6QP#Contact Chief, Billings and Collections at (202) 4181995 for more information on payment by credit card. Requests for installment plans should be mailed to: Chief, Billings and Collections, Mail Stop 1110A2, 1919 M Street, N.W., Washington, D.C., 20554. Payment of the forfeiture in installments may be considered as a separate matter in accordance with Section 1.1914 of the Commission's Rules.  The remittance should be marked NAL Acct. No. 315NF0016 and be mailed to the following address: xFederal Communications Commission xP.O. Box 73482 xChicago, Illinois 606737482  xForfeiture penalties not paid within 30 days will be referred to the U. S. Attorney for recovery in a civil suit. 47 U.S.C. 504(a). " ,,,"  X- ` x7.` ` IT IS FURTHER ORDERED that a copy of this Order shall be sent by certified mail, return receipt requested, to Chesapeake Bay Contractors.  X-XxX` ` X XXhh FEDERAL COMMUNICATIONS COMMISSION (#h XxX` ` X XXhhWilliam F. Caton(#h XxX` ` X XXhhActing Secretary(#h