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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Tower Properties of Florida Inc. )
Owner of Antenna Structure ) File Number EB-02-TP-329
Registration #1029137 in )
Gainesville, Florida ) NAL/Acct. No.200232700024
Gainesville, Florida ) FRN: 0006154140
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find that Tower Properties of Florida Inc. (``Tower
Properties''), owner of antenna structure #1029137 in
Gainesville, 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 Tower Properties of Florida Inc. is apparently
liable for a forfeiture in the amount of ten thousand dollars
2. Antenna structure #1029137 is located in Gainesville,
Florida. Tower Properties is the registered owner of this
structure. The structure's Antenna Structure Registration
(``ASR'') specifies that the structure shall be painted.
3. On June 4, 2002, an agent from the Commission's Tampa
Field Office (``Tampa Office'') inspected Tower Properties'
antenna structure #1029137 in Gainesville, Florida. The agent
observed that unpainted cables attached to the structure
obstructed the visibility of the antenna structure paint.
4. On July 1, 2002, two agents from the Tampa Office
inspected Tower Properties' antenna structure #1029137 in
Gainesville, Florida and observed that unpainted cables attached
to the structure obstructed the visibility of the antenna
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 Tower Properties is the registered owner of antenna
structure #1029137. This structure is required to be painted
pursuant to Federal Aviation Administration specifications, the
structure's ASR, and FCC rules.3 On June 4 and July 1, 2002, the
paint on the structure was obstructed by cables attached to the
6. Based on the evidence before us, we find that Tower
Properties, 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
Considering the entire record and applying the factors listed
above, this case warrants a $10,000 forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules,9 Tower Properties of Florida Inc. is hereby
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount
of ten thousand dollars ($10,000) 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, Tower Properties 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.
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 Tower Properties of Florida
Inc., 4190 NW 93rd Avenue, Gainesville Florida 32653.
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 47 U.S.C. § 503(b).
9 47 C.F.R. §§ 0.111, 0.311, 1.80.
10 See 47 C.F.R. § 1.1914.