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


In the Matter of                  )
                                 )    
Crown Communication, Inc.         )    File Number EB-02-DV-281
                                 )    
Owner of Antenna Structure        )    NAL/Acct. No. 200332800010
Number 1035006                    )    FRN 0003-2470-87
Hobbs, New Mexico                 )    



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                     Released:  February 28, 2003


By the District Director, Denver Office, Enforcement Bureau:


                        I.   INTRODUCTION

     1.In  this  Notice  of  Apparent  Liability  for  Forfeiture 
("NAL"), we find that  Crown Communication, Inc., ("Crown"),  the 
registered owner of antenna  structure number 1035006, in  Hobbs, 
New Mexico,  has  apparently willfully  and  repeatedly  violated 
Section 17.50 of the Commission's Rules ("Rules"),1 by failing to 
repaint the antenna structure as  often as necessary in order  to 
maintain good  visibility.   We  conclude,  pursuant  to  Section 
503(b) of the  Communications Act of  1934, as amended  ("Act"),2 
that Crown is apparently liable for a forfeiture in the amount of 
ten thousand dollars ($10,000).


                         II. BACKGROUND

     2.On August 13, 2002, an agent from the FCC's Denver  Office 
inspected an antenna structure bearing the FCC Antenna  Structure 
Registration ("ASR") number 1035006 located in Hobbs, New Mexico, 
at coordinates N32-42-48 latitude and W103-05-30 longitude.   The 
ASR shows the antenna structure to be 174.6 meters (573 feet)  in 
height with a  requirement to  be painted and  lit in  accordance 
with FAA Advisory  Circular ("AC") 70/7460-1H,  Chapters 3, 4,  5 
and 13.   At the time of the inspection, multiple pieces of black 
coaxial cabling running vertically  along one of the  structure's 
three vertical  faces  reduced the  visibility  of the  bands  of 
aviation  orange  and  white  paint  on  the  underlying  antenna 
structure.  

                         III. DISCUSSION

     3.Section 503(b)  of the  Act provides that  any person  who 
willfully or repeatedly  fails to comply  substantially with  the 
terms and conditions of any  license, or willfully or  repeatedly 
fails to comply with any of the  provisions of the Act or of  any 
rule, regulation or  order issued by  the Commission  thereunder, 
shall be liable for a forfeiture penalty.3  The term "willful" as 
used in Section 503(b) has  been interpreted to mean simply  that 
the  acts  or  omissions  are  committed  knowingly.4   The  term 
"repeated" means the commission or omission of such act more than 
once or for more than one day.5  

     4.Section  17.17(a) requires  owners of  registered  antenna 
structures to  maintain  the structure's  assigned  painting  and 
lighting.6  Section  17.50 of  the  Rules requires  that  antenna 
structures requiring painting be cleaned or repainted as often as 
necessary to maintain good visibility.  Antenna structure  number 
1035006  is  required  to  be  registered  and  the  registration 
specifies painting and lighting in accordance with Part 17 of the 
Rules and FAA  AC 70/7460-1H,  Chapters 3,  4, 5  and 13.   These 
painting  requirements  specify  that  the  structure,  and   any 
appurtenances mounted thereon, be painted throughout the  antenna 
structure's height  with  alternate  bands  of  aviation  surface 
orange and white, terminating with aviation orange bands at  both 
top and bottom.7   At the time  of the inspection,  the bands  of 
alternating aviation  orange and  white paint  on the  underlying 
antenna structure  were not  visible or  distinguishable on  one-
third to  one-half of  the  tower when  viewed from  a  northerly 
direction, due to the volume of unpainted cabling attached to the 
face of the  structure.  Based  upon the evidence  before us,  we 
find that Crown willfully  and repeatedly violated section  17.50 
by failing to paint the cabling  mounted to the exterior face  of 
the antenna structure. 

     5.The  base  forfeiture  amount  set  by  The   Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of  the 
Rules to  Incorporate  the  Forfeiture  Guidelines,  ("Forfeiture 
Policy Statement"),8 and Section 1.80 of the Rules,9 for  failure 
to comply with prescribed  antenna structure lighting or  marking 
(painting) is  $10,000.   In assessing  the  monetary  forfeiture 
amount, we must also take into account the statutory factors  set 
forth in Section  503(b)(2)(D) of  the Act,10  which include  the 
nature, circumstances, extent, and  gravity of the  violation(s), 
and, with respect to the violator, the degree of culpability, and 
history of prior offenses, ability to pay, and other such matters 
as justice may require.  Applying the Forfeiture Policy Statement 
and  the  statutory  factors  to  the  instant  case,  a  $10,000 
forfeiture is warranted.
                      IV.  ORDERING CLAUSES

     6.Accordingly,  IT  IS ORDERED  THAT,  pursuant  to  Section 
503(b) of  the  Communications  Act  of  1934,  as  amended,  and 
Sections 0.111, 0.311 and 1.80  of the Commission's Rules,  Crown 
Communication, Inc., is hereby NOTIFIED of an APPARENT  LIABILITY 
FOR A FORFEITURE in the amount of ten thousand dollars  ($10,000) 
for violating Section 17.50 of the Rules.11

     7.IT IS  FURTHER ORDERED THAT, pursuant  to Section 1.80  of 
the Commission's Rules,12 within thirty days of the release  date 
of this NOTICE OF APPARENT LIABILITY, Crown Communication,  Inc., 
SHALL PAY the  full amount  of the proposed  forfeiture or  SHALL 
FILE a written statement seeking reduction or cancellation of the 
proposed forfeiture.

     8.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 must  include 
the  FCC  Registration  Number   (FRN)  and  the  NAL/Acct.   No. 
referenced in the caption.

     9.The  response, if  any,  must  be mailed  to  the  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. referenced  in  the 
caption.

    10.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  principles ("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.

    11.Requests for payment of the full amount of this Notice  of 
Apparently Liability under an installment plan should be sent to:  
Chief, Revenue and Receivables Operation Group, 445 12th  Street, 
S.W., Washington, D.C. 20554.13

    12.Under the  Small Business  Paperwork Relief  Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate  filing  to  be  sent  to  the  Federal   Communications 
Commission,  Enforcement  Bureau,  Technical  and  Public  Safety 
Division.   Your  certification  should  indicate  whether   you, 
including your parent  entity and its  subsidiaries, meet one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of Communications Business Opportunities (OCBO) set  forth 
in Attachment  A  of this  Notice  of Apparent  Liability.   This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b)  of  the  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.

    13.IT  IS FURTHER  ORDERED  THAT a  copy  of this  NOTICE  OF 
APPARENT LIABILITY shall be  sent by Certified  Mail # 7001  0320 
0002 9702 9431, Return Receipt Requested and First Class Mail, to 
Crown  Communication,  Inc.,  Attention:   Monica  Gambino,  2000 
Corporate Drive, Canonsburg, PA  15317.


                              FEDERAL COMMUNICATIONS COMMISSION
                              



                              Nikki P. Shears
                              Acting District Director, Denver 
Office

Enclosure:  Attachment A
_________________________

1  47 C.F.R.  17.50.

2  47 U.S.C.  503(b).
3  47 U.S.C.  503(b).

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  Section 312(f)(2), of  the Act, 47  U.S.C.  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."

6  47 C.F.R.  17.17(a).

7  See 47 C.F.R.  17.2; FAA AC 70/7460-1K, Chapters 2 and 3. 

8  12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

9  47 C.F.R. 1.80.

10  47 U.S.C.  503(b)(2)(D).

11  47 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, 1.80 and 
17.50.

12  47 C.F.R.  1.80.

13  See 47 C.F.R.  1.1914.