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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Seggi Broadcasting of Florida, )
Inc. ) File Number EB-02-TP-252
Owner of Antenna Structures ) NAL/Acct. No.200232700013
#1028463 and #1028464 )
) FRN 0007-1134-83
Lake Wales, Florida
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 20,
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find that Seggi Broadcasting of Florida, Inc., (``Seggi''), owner
of antenna structures #1028463 and #1028464 at Lake Wales,
Florida, willfully and repeatedly violated Sections 17.4(g),
17.23, 17.50 and 17.51 of the Commission's Rules (``Rules''),1 by
failing to display Antenna Structure Registration (``ASR'')
numbers, failing to provide obstruction lighting as prescribed by
the Commission's station authorization and ASR Form 854R, failing
to maintain good visibility of the required antenna structure
paint, and failing to exhibit all red obstruction lighting from
sunset to sunrise. We find Seggi Broadcasting of Florida, Inc.,
apparently liable for forfeiture in the amount of twenty-four
thousand dollars ($24,000).
2. On April 30, 2002, two agents from the FCC Enforcement
Bureau's Tampa Field Office (``Tampa Office'') observed that all
lights on Seggi's two antenna structures #1028463 and #1028464 at
Lake Wales, Florida, used as part of AM radio station WIPC, were
unlit after local sunset. The agents contacted the area Federal
Aviation Administration (``FAA'') Flight Service Station and
determined that no report of a light outage for these two
structures had been made.
3. On May 2, 2002, two agents from the Tampa Office
inspected radio station WIPC(AM).2 The general manager for WIPC
stated that she had been aware of the light outages for at least
two weeks and had received estimates to make repairs. The
general manager stated that no report of the light outage had
been made to the FAA. The general manager stated that the
station did not keep a log of tower light observations. The
agents observed that only one of the station's two towers had
obstruction lighting installed. Furthermore, the paint on both
towers was severely chipped and faded. The inspection also
revealed that ASR numbers were not posted at or near either
antenna tower base.
4. Section 17.4(g) of the Rules requires ASR Numbers to be
displayed in a conspicuous place so that they are readily visible
near the base of antenna structures. On May 2, 2002, two agents
observed that the ASR numbers were not posted at the bases of
Seggi's two antenna towers #1028463 and #1028464. The Commission
cited Seggi for this same violation on May 5, 1999. Section
17.23 of the Rules states that unless otherwise specified by the
Commission, each new or altered antenna structure to be
registered on or after January 1, 1996, must conform to the FAA's
painting and lighting recommendations. The Commission's FCC Form
854R antenna structure registration and terms of the station
authorization both specify that each tower shall be painted and
lighted in accordance with FAA specifications. On May 2, 2002,
one of Seggi's towers had no lighting installed. The Commission
cited Seggi for this same violation on January 28, 1991.
Section 17.50 of the Rules states that antenna structures
requiring painting shall be cleaned or repainted as often as
necessary to maintain good visibility. On May 2, 2002, the paint
on both of Seggi's towers was badly faded and chipped. Section
17.51 of the Rules requires that all red obstruction lighting
shall be exhibited from sunset to sunrise unless otherwise
specified. On April 30, 2002, Seggi failed to exhibit
obstruction lights on its tower between sunset and sunrise. In
addition, on May 2, 2002, Seggi admitted it had known of the
light outage for at least two weeks prior to that date and that
no report of the light outage had been made to the FAA.
5. Based on the evidence before us, we find that Seggi
willfully3 and repeatedly4 violated Sections 17.4(g), 17.23,
17.50 and 17.51 of the Rules by failing to display the ASR
numbers, failing to provide prescribed obstruction lighting,
failing to maintain good visibility of the antenna structure
markings, and failing to exhibit red obstruction lights from
sunset to sunrise.
6. Pursuant to Section 1.80(b)(4) of the Rules,5 the base
forfeiture amount for failure to comply with prescribed lighting
and marking is $10,000. The Rules do not establish a base
forfeiture amount for failure to post the antenna structure
registration number.6 The Commission has determined, however,
that an appropriate base forfeiture amount for failure to post
the ASR number is $2,000 per violation.7 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, 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.8 Considering the entire record and applying
the factors listed above, this case warrants a $12,000 forfeiture
for each of Seggi's two towers, for a total forfeiture of
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,9 and Sections 0.111, 0.311 and 1.80 of the
Rules,10 Seggi Broadcasting of Florida, Inc., is hereby NOTIFIED
of its APPARENT LIABILITY FOR A FORFEITURE in the amount of
twenty-four thousand dollars ($24,000) for willful violation of
Section 17.4(g), 17.23, 17.50 and 17.51 of the Rules, by failing
to display Antenna Structure Registration numbers, failing to
provide obstruction lighting as prescribed by the station
authorization and ASR Form 854R, failing clean and repaint
antenna structures to maintain good visibility, and failing to
exhibit all red obstruction lighting from sunset to sunrise.
8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules, within thirty days of the release date of
this NOTICE OF APPARENT LIABILITY, Seggi Broadcasting of Florida,
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 Notice of Apparent Liability under an
installment plan should be sent to: Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W., Washington,
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
12. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by regular and Certified Mail
Return Receipt Requested to Seggi Broadcasting of Florida, Inc.,
2000 Universal Studios Suite 604, Orlando, Florida 32819.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director - Tampa Office
1 47 C.F.R §§ 17.4(g), 17.23, 17.50 and 17.51.
2 Seggi is the owner of the antenna structures in addition to
being licensee of radio station WIPC (AM).
3 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).
4 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. §
5 47 C.F.R. § 1.80(b)(4).
6 See The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines (``Forfeiture Policy Statement''), 12 FCC Rcd 17087
(1997), recon. denied 15 FCC Rcd 303 (1999). The Forfeiture
Policy Statement states that ``... any omission of a specific
rule violation from the ... [forfeiture guidelines] ... should
not signal that the Commission considers any unlisted violation
as nonexistent or unimportant. Forfeiture Policy Statement, 12
FCC Rcd at 17099. The Commission retains the discretion,
moreover, to depart from the Forfeiture Policy Statement and
issue forfeitures on a case?by?case basis, under its general
forfeiture authority contained in Section 503 of the Act. Id.
7 American Tower Corporation, 16 FCC Rcd 1282 (2001).
8 47 U.S.C. § 503(b)(2)(D).
9 47 U.S.C. § 503(b).
10 47 C.F.R. §§ 0.111, 0.311, 1.80.
11 See 47 C.F.R. § 1.1914.