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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Pinnacle Towers, Inc. )
Owner of Antenna Structure ) File Number EB-02-TP-197
Registration Number 1030352 in )
Orlando, Florida ) NAL/Acct. No.200232700016
Sarasota, Florida )
) FRN 0005-7948-47
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 9,
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find that Pinnacle Towers, Inc. (``Pinnacle''), owner of antenna
structure #1030352 in Orlando, Florida, willfully and repeatedly
violated Section 17.50 of the Commission's Rules1 by failing to
maintain good visibility of the required antenna structure
obstruction marking. We conclude that Pinnacle Towers, Inc. is
apparently liable for a forfeiture in the amount of twenty
thousand dollars ($20,000).
2. Antenna structure #1030352 is located in Orlando,
Florida. Pinnacle is the registered owner of this structure.
The structure's Antenna Structure Registration (``ASR'')
specifies that the structure be painted.
3. On April 4, 2002, an agent from the Commission's San
Juan, Puerto Rico Resident Agent Office inspected Pinnacle's
antenna structure #1030352 in Orlando, Florida. The agent
observed that the antenna structure paint on the lower two-thirds
of the structure was obstructed by cables attached to the
4. On April 18, 2002, two agents from the Commission's
Tampa Field Office inspected Pinnacle's antenna structure
#1030352 in Orlando, Florida and observed that the antenna
structure paint on the lower two-thirds of the structure was
obstructed by cables attached to the structure.
5. 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. The antenna
structure owner is responsible for maintaining the structure's
painting.2 Pinnacle is the registered owner of antenna structure
#1030352. This structure is required to be painted pursuant to
Federal Aviation Administration specifications, the structure's
ASR, and FCC rules.3 On April 4 and April 18, 2002, the paint on
the lower two-thirds of the structure was obstructed by cables
attached to the structure.
6. Based on the evidence before us, we find that Pinnacle
Towers, Inc. willfully4 and repeatedly5 violated Section 17.50 of
the Commission's Rules by failing to maintain good visibility of
its antenna structure.
7. Pursuant to Section 1.80(b)(4) of the Rules,6 the base
forfeiture amount for failure to comply with prescribed lighting
and marking is $10,000. Section 503(b)(2)(D) of the
Communications Act of 1934, as amended (``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 or prior offenses, ability to
pay, and other such matters as justice may require.''7 The
violation for this antenna structure is repeated. In addition,
Pinnacle has a history of non-compliance with the Commission's
antenna structure painting requirements on other Pinnacle-owned
antenna structures.8 Considering the entire record, including
Pinnacle's history of non-compliance, and applying the factors
listed above, this case warrants an upwards adjustment of the
base forfeiture from $10,000 to $20,000.
IV. ORDERING CLAUSES
8. 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
Commission's Rules,10 Pinnacle Towers, Inc., is hereby NOTIFIED
of its APPARENT LIABILITY FOR A FORFEITURE in the amount of
twenty thousand dollars ($20,000) for willful and repeated
violation of Section 17.50 of the Rules by failing to maintain
good visibility of the required antenna structure obstruction
9. 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, Pinnacle Towers, Inc., 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 in the letterhead above.
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. and FRN referenced in the letterhead 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 submitted.
13. 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, SW, Washington, DC
14. IT IS FURTHER ORDERED THAT a copy of this Notice of
Apparent Liability shall be sent by regular mail and Certified
Mail Return Receipt Requested to Pinnacle Towers, Inc., 301 N.
Cattlemen Road, 3rd Floor, Sarasota, FL 34232.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director - Tampa Office
1 47 C.F.R § 17.50.
2 See 47 C.F.R. § 17.6(a).
3 See 47 C.F.R. §§ 17.21, 17.22, and 17.23.
4 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).
5 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. §
6 47 C.F.R. § 1.80(b)(4).
7 47 U.S.C. § 503(b)(2)(D).
8 The Commission issued to Pinnacle three Notices of Violation
for violating antenna structure painting requirements on other
Pinnacle antenna structures on January 11, 2001, February 1,
2001, and March 16, 2001.
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.