Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Alliance Communications ) File Number EB-02-OR-239
Partners, L.P. )
) NAL/Acct.No. 200232620011
Owner of Antenna Structure No. )
1039474 near Paragould, ) FRN 0005-7978-99
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: September 27, 2002
By the Enforcement Bureau, New Orleans Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Alliance Communications Partners, L.P.
(``Alliance''), owner of antenna structure number 1039474,
apparently liable for a forfeiture in the amount of three
thousand dollars ($3,000) for willful and repeated violation
of Section 17.57 of the Commission's Rules (``Rules'').1
Specifically, we find Alliance apparently liable for failing
to notify the Commission using FCC Form 854 of a change in
antenna structure ownership.
2. On July 31, 2002, an agent from the FCC Enforcement
Bureau's New Orleans Field Office inspected antenna
structure number 1039474 near Paragould, Arkansas, and
observed that the Antenna Structure Registration number was
not posted anywhere near the base of the structure.
3. On August 12, 2002, a search of the Commission's
records showed that this structure was registered and owned
by the Paragould Light and Water Commission. The Paragould
Light and Water Commission acknowledged previous ownership
of the structure, but stated that the tower had been sold to
Alliance in 2001.
4. On August 12, 2002, Alliance confirmed ownership of
the antenna structure located near Paragould, Arkansas.
Alliance produced a sales agreement dated May 1, 2001
transferring ownership of the structure from the Paragould
Light and Water Commission to Alliance.
5. Section 17.57 of the Rules requires that the owner
of an antenna structure immediately notify the Commission
using FCC Form 854 upon any change in structure height or
change in ownership information. Even though Alliance
acquired the structure on May 1, 2001, as of August 12,
2002, the antenna structure was still registered to the
Paragould Light and Water Commission.
6. Based on the evidence before us, we find that
Alliance willfully2 and repeatedly3 violated Section 17.57
of the Rules by failing to change the antenna structure
7. Pursuant to Section 1.80(b)(4) of the Rules,4 the
base forfeiture amount for failure to notify the Commission
of a change in antenna structure ownership is $3,000
(failure to file the required forms or information). 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.''5 Considering the entire record and applying
the factors listed above, this case warrants a $3,000
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,6 and Sections 0.111, 0.311 and
1.80 of the Rules,7 Alliance Communications Partners, L.P.
is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of three thousand dollars ($3,000)
for willful and repeated violation of Section 17.57 of the
Rules by failing to notify the Commission of a change in the
antenna tower structure ownership.
9. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Alliance Communications Partners, L.P. SHALL PAY
the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the
10. 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. Request for payment of the full amount of this NAL
under an installment plan should be sent to: Chief, Revenue
and Receivable Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.8
11. 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.
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 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
13. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Alliance Communications Partners, L.P.,
360 South Monroe Street, Denver, CO 80209.
James C. Hawkins
District Director, New Orleans
1 47 C.F.R. §17.57.
Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed
under Section 503(b) of the Act, provides that ``[t]he term
`willful,' when used with reference to the commission or
omission of any act, means the conscious and deliberate
commission or omission of such act, irrespective of any
intent to violate any provision of this Act ....'' See
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
3 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which
applies equally to 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.''
4 47 C.F.R. § 1.80(b)(4).
5 47 U.S.C. § 503 (b)(2)(D).
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311, 1.80.
8 See 47 C.F.R. § 1.1914.