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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )       
                                )       
                                )            File  No.  EB-00-DT-

935
Central Transport, Inc.         )       
Sterling Heights, Michigan      )            NAL/Acct.        No. 

200232360001


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  October 
29, 2001

By the District Director, Detroit Office, Enforcement Bureau:


                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we  find that  Central  Transport, Inc.  has  apparently 
violated  Section  303(q)  of  the  Communications  Act  of  1934 
(``Act''), as amended,1 and Sections  17.4(a) and 1.89(b) of  the 
Commission's  Rules2   (the  ``Rules'').    Respectively,   these 
sections require painting and/or illumination of a radio tower if 
and when the  tower may  constitute a menace  to air  navigation, 
antenna structure owners to register their antenna structure, and 
the  recipient  to  respond  to  Commission  correspondence.   We 
conclude that Central Transport, Inc. is apparently liable for  a 
forfeiture in the amount of seventeen thousand dollars ($17,000).


                         II.  BACKGROUND

     2.   The Commission's  obstruction marking  and lighting  of 
antenna  structures  and  registration  requirements  operate  in 
concert with  the  Federal  Aviation  Administration's  (``FAA'') 
regulations to  ensure that  antenna  structures do  not  present 
hazards to  air navigation.   Generally, our  rules require  that 
antenna structures located close to airports or that are  greater 
than 200  feet  in  height  comply  with  painting  and  lighting 
specifications  to  ensure  air   safety.   We  require   antenna 
structure owners to register  structures with the Commission  and 
post registration numbers  near the base  of structures to  allow 
for  easy  contact   if  problems  arise.    The  Rules   require 
registration for all antenna structures that may pose a hazard to 
air navigation and have  been in effect since  July 1, 1998.   We 
have  repeatedly  advised  antenna  structure  owners  that   all 
existing, unregistered antenna  structures subject  to our  Rules 
must be  registered  immediately  or  the  owners  could  face  a 
monetary forfeiture or other enforcement action.3

     3.   Commission  field  agents  routinely  inspect   antenna 

structures  to  determine   compliance  with  antenna   structure 

marking, painting and lighting requirements and they also respond 

to reports  of unlit  towers.  The  FAA also  routinely  notifies 

Commission field offices when owners  fail to report that  lights 

have been repaired.  On  November 2, 2000, a  FCC agent from  the 

Detroit Office conducted an  inspection of the antenna  structure 

located at  537 Bradford  Street, Pontiac,  Michigan.  The  agent 

found that  no  FCC  antenna structure  registration  number  was 

posted.  Subsequently, the  agent determined  that the  structure 

had not been registered with the Commission.

     4.   On November  13, 2000,  a FCC  agent from  the  Detroit 

Office observed the antenna structure lighting.  The agent  noted 

that the antenna structure top flashing beacon light was  burning 

steady red, and the side lights were not on.

     5.   On November  14, 2000,  a FCC  agent from  the  Detroit 

Office again observed the antenna structure lighting.  The  agent 

again noted that the antenna structure top flashing beacon  light 

was burning steady red and the side lights were not on.   Further 

the  agent  contacted  the   FAA  and  determined  that   Central 

Transport,  Inc.  had  not  notified  the  FAA  of  the   antenna 

structure's steady red burning top light.

     6.   On November  27, 2000,  the Detroit  District  Director 

issued   a   Notice   of   Violation   (``NOV'')   to   Transport 

Communications,  Inc.,  a  wholly  owned  subsidiary  of  Central 

Transport, Inc.,  34200 Mound  Road, Sterling  Heights,  Michigan 

48310, for failure  to register  its antenna  structure with  the 

Commission and for antenna tower lighting violations.  No written 

response to the NOV was received.

     7.   On January  8, 2001,  the  District Director  issued  a 

Warning Letter to Transport Communications Inc, 34200 Mound Road, 

Sterling Heights, Michigan  48310-6699, for failure  to reply  to 

the Detroit Office NOV issued November 27, 2000.


                        III.  DISCUSSION

     8.   Section 303(q) of the Act, as amended,4 requires  tower 

owners to maintain the painting and/or illumination of the  tower 

as prescribed by  the Commission.  Section  17.4(a) requires  the 

registration  of  the  antenna  structure  and  Section   1.89(b) 

requires a written response be sent to the Notice of Violation.

     9.   Based on the evidence before  us, we find that  Central 

Transport, Inc. has willfully5  and repeatedly6 violated  Section 

303(q) of  the  Act,  as  amended, by  failure  to  maintain  the 

prescribed  illumination  of  its  antenna  tower,  and  Sections 

17.4(a) and 1.89(b) of the Commission's Rules by their failure to 

register its  antenna  tower  and their  failure  to  respond  to 

official Commission correspondence.  The Commission's  Forfeiture 

Policy Statement and Amendment  of Section 1.80  of the Rules  to 

Incorporate the Forfeiture  Guidelines, 12 FCC  Rcd 17087,  17113 

(1997), recon. denied, 15 FCC Rcd 303(1999) (``Forfeiture  Policy 

Statement'')7, sets the  base forfeiture amount  at ten  thousand 

dollars ($10,000)  for  the lighting  violation,  three  thousand 

dollars ($3,000) for  failure to register  the antenna  structure 

and  $4,000  for  failure  to  respond  to  official   Commission 

correspondence.  In assessing the monetary forfeiture amount,  we 

must take into account the statutory factors set forth in Section 

503(b)(2)(D)   of   the   Act,8   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.   Applying  the Policy  Statement  and  the 

statutory factors to the instant case and applying the  inflation 

adjustments,  we  believe  that   a  seventeen  thousand   dollar 

($17,000) monetary forfeiture is warranted.


                      IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the Act  and Sections  0.111, 0.311  and 1.80  of  the 
Rules9, Central  Transport,  Inc.  is  hereby  NOTIFIED  of  this 
APPARENT LIABILITY FOR  A FORFEITURE in  the amount of  seventeen 
thousand dollars ($17,000) for willfully and repeatedly violating 
Section 303(q) of the Act,  as amended, and Sections 17.4(a)  and 
1.89(b) of the Rules.

     11.  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, Central Transport, Inc.. SHALL 

PAY the full amount  of the proposed forfeiture  or SHALL FILE  a 

written  statement  seeking  reduction  or  cancellation  of  the 

proposed forfeiture.

     12.  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. 200232360001. 

     13.  The  response,  if  any,  must  be  mailed  to  Federal 

Communications  Commission,  Enforcement  Bureau,  Technical  and 

Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 

20554 and MUST INCLUDE THE NAL/Acct. No. 200232360001. 

     14.  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.

     15.  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, D.C. 20554.10

     16.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 

APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 

Receipt Requested, to Central Transport, Inc., 34200 Mound  Road, 

Sterling Heights, Michigan 48310-6699.


                                FEDERAL            COMMUNICATIONS 

COMMISSION




                                James A. Bridgewater
                                District Director
                                Detroit Office
_________________________

1 47 U.S.C.  303(q).

2 47 C.F.R.  17.4(a), 1.89(b).

3Antenna structure owners were required to register existing 
antenna structures as of July 1, 1998 and to register new antenna 
structures prior to construction. Streamlining the Commission's 
Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 
Subsequent to the expiration of the filing period, the Commission 
staff issued a Public Notice warning antenna structure owners to 
register any unregistered antenna structures subject to our 
requirements immediately or face possible monetary forfeitures or 
other enforcement action. Public Notice, ``No-Tolerance Policy 
Adopted For Unregistered Antenna Structures,'' 1999 WL 10060 (WTB 
1999).

4 47 U.S.C.  303(q).

5 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to 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).

6 Section 312(f)(2), which also applies to Section 503(b), 
provides: [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.
747 C.F.R.  1.80.
8
 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, and 1.80.

10 See 47 C.F.R.  1.1914.