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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Florida Power and Light Company ) File Number EB-01-TP-371
9250 West Flagler Street )
Miami, FL 33174 ) NAL/Acct.No. 200232700003
Antenna Structure Registration ) FRN Number: 0001-8253-14
Miami, FL 33174
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 8, 2002
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find that Florida Power and Light Company apparently violated
Section 17.51(a)1 of the Commission's Rules, by failing to
exhibit all red obstruction lighting from sunset to sunrise on
antenna structure (ASR # 1061028) located in Palm Bay, FL. We
conclude that Florida Power and Light Company is apparently
liable for a forfeiture in the amount of ten thousand dollars
2. On September 12, 2001, the FCC Enforcement Bureau's
Technical and Public Safety Division (``TPSD''), forwarded a
complaint to the FCC's Tampa Field Office (``Field Office'')
regarding a lighting problem associated with antenna structure
1061028 in Palm Bay, FL. The complaint stated that the problem
existed for approximately one year. The complainant attempted on
several occasions to contact the antenna structure owner but was
unable to satisfactorily resolve the lighting problem. The FCC's
Antenna Structure Registration Database confirmed that Florida
Power and Light Company was the owner of the site assigned ASR
number 1061028. The Field Office contacted Florida Power and
Light Company that day to determine the status of the lights on
antenna structure 1061028.
3. On September 13, 2001, Mr. Michael Lawler from Florida
Power and Light Company left a phone message that the Palm Bay
Tower, ASR #1061028, lights were repaired the previous evening.
4. On October 29, 2001, the FCC Enforcement Bureau, TPSD,
forwarded another complaint to the Field Office regarding the
lighting problem associated with Antenna Structure 1061028. The
complaint stated that the red strobe tubes were removed due to
interference and for the last several months, white daylights
were flashing 24 hours a day and the obstruction lights were on
5. On October 30, 2001 at 10:15 AM, the Field Office
contacted the Federal Aviation
Administration (FAA) who advised that a NOTAM had not been issued
for this antenna structure site. The FCC form 854 Application on
file with the Commission specifies that structure 1061028 is to
be painted and exhibit red obstruction lights from sunset to
sunrise. The Field Office attempted to again contact Mr. Lawler
with Florida Power and Light Company, whose voice mail message
indicated that he was out of the office until October 31, 2001.
The Field Office then contacted Mr. Tony Padilla with Florida
Power and Light Company whose name is provided on the FCC 854
Application on file with the Commission. Padilla stated that he
would investigate and provide the status of the lights and
lighting specifications for this structure.
6. On November 9, 2001, the Field Office left a voice mail
message for both Lawler and Padilla at Florida Power and Light
Company requesting the status of the lights on antenna structure
1061028. No response has been received.
7. November 19, 2001, the FAA confirmed that a NOTAM still
was not issued for this antenna structure. The FAA also
confirmed that the lighting specifications for this structure are
Medium Dual; medium white strobe lights during the day and red
lights at night.
8. On November 27, 2001, agents from the Field Office
performed an on-scene inspection of the antenna structure site.
The agents observed the structure at approximately 4:25 PM.
During the inspection, the agents observed strobe lighting at the
top and strobe lighting in the middle of the structure which were
flashing. Red sidelights were observed at the 1/3 and 2/3
levels, and red beacons were installed at the middle of the
structure. A red beacon was also installed at the top of the
structure. The structure was not painted. Antenna Structure
Registration number 1061028 was posted at the site.
9. On November 27, 2001, Tampa Office agents returned to
the site after sunset at approximately 6:00 PM. The agents noted
that the only red lights illuminated were at the 2/3 level
sidelights. A white light was flashing at the top. In the
middle of the structure, a white light was flashing only on the
south side of the structure. No other white lights were
illuminated at this location on the structure. No red beacons
were lit in the middle of the structure. The red sidelights at
the 1/3 level were not lit.
10. Section 17.51(a) of the Commission's Rules2 requires
that all red obstruction lighting shall be exhibited from sunset
to sunrise unless otherwise specified. On at least two
occasions, the Field Office notified Florida Power and Light
Company of complaints of lighting violations on this antenna
structure. On November 27, 2001 Field Office agents observed
that red obstruction lights on antenna structure 1061028 were not
illuminated between sunset and sunrise. The FAA received no
notification of tower light malfunctions for this tower from
Florida Power and Light Company. We find that Florida Power and
Company willfully3 violated section 17.51(a) of the Commission's
Rules by failing to properly exhibit red obstruction lights
between sunset and sunrise.
11. Pursuant to Section 1.80(b)(4) of the Commission's
Rules4, the base forfeiture amount for failure to comply with
prescribed lighting and/or marking is $10,000. Section
503(b)(2)(D) of the Act requires us to take into account ``...
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 statutory factors listed above, this case warrants a
IV. ORDERING CLAUSES
12. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended,6 and
Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7
Florida Power and Light Company is hereby NOTIFIED of its
APPARENT LIABILITY FOR A FORFEITURE in the amount of amount of
$10,000 for violation of Section 17.51(a) of the Commission's
13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules,9 within thirty days of the release date
of this NOTICE OF APPARENT LIABILITY, Florida Power and Light
Company SHALL PAY the full amount of the proposed forfeiture or
SHALL FILE a written statement seeking reduction or cancellation
of the proposed forfeiture.
14. 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 No. 0001-8253-14 referenced in the
15. 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. and FRN No. 0001-8253-14 referenced in the
16. 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.
17. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Federal Communications Commission, Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W., Washington,
18. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Florida Power and Light Company at 9250 West Flagler
Street, Miami, FL 33174.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director, Tampa Office
1 47 C.F.R. § 17.51(a)
2 47 C.F.R. § 17.51(a)
3 ``The 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).
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 47 C.F.R. § 17.51(a)
9 47 C.F.R. § 1.80.
10 See 47 C.F.R. § 1.1914.