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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-OR-259
Entergy Services, Inc. ) NAL/Acct. No.200332620002
Owner of Antenna Structure Number )
1020649 ) FRN 0001-7125-87
Little Rock, Arkansas )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: November 6, 2002
By the Enforcement Bureau, New Orleans Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Entergy Services, Inc. (``Entergy''), owner of
antenna structure number 1020649, apparently liable for a
forfeiture in the amount of ten thousand dollars ($10,000) for
willful and repeated violation of Section 17.51(a) of the
Commission's Rules (``Rules'').1 Specifically, we find Entergy
apparently liable for failing to exhibit the prescribed tower
lighting on its antenna structure.
2. On August 28 and 29, 2002, agents from the FCC
Enforcement Bureau's New Orleans Office inspected the antenna
structure associated with Antenna Structure Registration
(``ASR'') number 1020649 in Labadieville, Louisiana. According
to the Commission's ASR database, structure number 1020649 is
77.7 meters tall (approximately 255 feet) and requires painting
and lighting in accordance with paragraphs 1, 3, 11 and 21 of FCC
Form 715/715A. At the times of inspection (7:55 PM on August 28,
2002 and 8:00 PM on August 29, 2002), the top red obstruction
light was extinguished.2
3. In addition, the antenna structure owner is responsible
for making daily observations of the structure's lights either
visually or automatically.3 Furthermore, in the event of an
extinguishment or improper functioning of any top steady burning
or any flashing obstruction light, the structure owner is
required to report the problem to the Federal Aviation
Administration (``FAA'') within 30 minutes of this observation.4
However, when the Commission's agents contacted the FAA, no such
report had been received.5
4. Section 17.51(a) of the Rules requires that all red
obstruction lighting be exhibited from sunset to sunrise unless
otherwise specified. The antenna structure owner is responsible
for maintaining the structure's lighting.6 On August 28 and 29,
2002, Entergy failed to exhibit the top red obstruction lighting
on its antenna structure number 1020649.
5. Based on the evidence before us, we find Entergy
willfully7 and repeatedly8 violated Section 17.51(a) of the Rules
by failing to exhibit the prescribed tower lighting on antenna
structure number 1020649.
6. Pursuant to Section 1.80(b)(4) of the Rules,9 the base
forfeiture amount for failing to comply with prescribed lighting
and/or marking 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)(D) of the Communications Act of 1934,
as amended (``Act''), which include the nature, circumstances,
extent, and gravity of the violation, 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.10 Considering the entire record and applying the
factors listed above, this case warrants a $10,000 forfeiture.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,11 and Sections 0.111, 0.311 and 1.80 of the
Rules,12 Entergy Services, Inc. is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand
dollars ($10,000) for willful and repeated violation of Section
17.51(a) of the Rules by failing to exhibit prescribed
obstruction lighting on antenna structure 1020649 in
8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
Entergy Services, Inc. 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 may be made by mailing a check
or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note the
NAL/Acct. No. and FRN referenced above. Requests for payment of
the full amount of this NAL under an installment plan should be
sent to: Chief, Revenue and Receivables Operations Group, 445
12th Street, S.W., Washington, D.C. 20554.13
10. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street SW, Washington DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct.
No. referenced above.
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 practices (``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. Under the Small Business Paperwork Relief Act of 2002,
Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is
engaged in a two-year tracking process regarding the size of
entities involved in forfeitures. If you qualify as a small
entity and if you wish to be treated as a small entity for
tracking purposes, please so certify to us within thirty (30)
days of this NAL, either in your response to the NAL or in a
separate filing to be sent to the Technical & Public Safety
Division. Your certification should indicate whether you,
including your parent entity and its subsidiaries, meet one of
the definitions set forth in the list provided by the FCC's
Office of Communications Business Opportunities (OCBO) set forth
in Attachment A of this Notice of Apparent Liability. This
information will be used for tracking purposes only. Your
response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to Section
503(b) of the Communications Act. If you have questions
regarding any of the information contained in Attachment A,
please contact OCBO at (202) 418-0990.
13. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to Entergy Services, Inc., P. O. Box 551, Little Rock, Arkansas
FEDERAL COMMUNICATIONS COMMISSION
James C. Hawkins
District Director, New Orleans Office
1 47 C.F.R. § 17.51(a).
2 It was also observed that during daylight hours (6:00 PM on
August 28, 2002), the paint was very faded and high intensity
lighting was being used. High intensity lighting is not
prescribed in paragraphs 1, 3, 11 and 21 of FCC Form 715/715A.
3 See 47 C.F.R. § 17.47(a).
4 See 47 C.F.R. § 17.48(a).
5 Since no report had been received, the FCC agents submitted a
report to the FAA so that a Notice to Airmen (``NOTAM'') could be
issued warning aircraft of this hazardous condition.
6 See 47 C.F.R. § 17.6(a).
7 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are accessed under
Section 503(b) of the Act, provides that ``[t]he term `willfull',
when used with reference to the commission or omission of any
act, means the conscious and deliberate commission of omission of
such act, irrespective of any intent to violate any provision of
this Act . . . .'' See Southern California Broadcasting Co., 6
FCC Rcd 4387-88 (1991).
8 The 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.'' 47 U.S.C. §
9 47 C.F.R. § 1.80(b)(4).
10 47 U.S.C. § 503(b)(2)(D).
11 47 U.S.C. § 503(b).
12 47 C.F.R. §§ 0.111, 0.311, 1.80.
13 See 47 C.F.R. § 1.1914.