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                           Before the
                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


                                             Released:  September 
20, 2002
By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     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 
($10,000).

                         II.  BACKGROUND

     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 
structure paint.

                        III.  DISCUSSION

     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 
structure.

     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 
markings.

     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 
20554.10

     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
                         Enforcement Bureau
_________________________

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.  
312(f)(2).

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.