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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-00-DT-
Central Transport, Inc. )
Sterling Heights, Michigan ) NAL/Acct. No.
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
By the District Director, Detroit Office, Enforcement Bureau:
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).
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.
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
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
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.
James A. Bridgewater
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
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.
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.