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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Union Oil of California DBA = ) File Number EB-02-AN-069
Unocal ) NAL/Acct. No. 20033278001
Antenna Structure Registration ) FRN 0001-535-541
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 31, 2003
By the Anchorage Resident Agent Office, Enforcement Bureau:
1. In this Notice of Apparent Liability for
Forfeiture ("NAL"), we find that Union Oil of California DBA
= Unocal (``Unocal''), the registered owner of Antenna
Structure Registration (``ASR'') number 1059096, has
apparently willfully and repeatedly violated Section 17.4(g)
and 17.23 of the Federal Communications Commission's (``FCC
or Commission'') Rules1 by failing to post the antenna
structure registration number and maintain proper structure
lighting. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended (``Act''),2 that
Unocal is apparently liable for forfeiture in the amount of
twelve thousand dollars ($12,000).
2. On July 11, 2002, agents from the FCC's Anchorage
Resident Agent Office inspected Unocal's registered antenna
structure number 1059096, located within the Swanson River
oil fields 15 miles north of Sterling, Alaska. During the
inspection, the agents found no ASR number was posted on,
near, or in the vicinity of the tower base, as required by
the Rules. The agents observed two steady-on single small
red lights mounted on top of the antenna structure. The
lights appeared to be L-810 type lighting. Pursuant to ASR
number 1059096, lighting must be maintained in accordance
with the requirements in Chapters 4 and 5 of FAA Advisory
Circular 70/7460-1J. Chapter 5 requires top mounted
obstruction lighting of at least one red flashing (L-864)
light installed in a manner to ensure an unobstructed view
of one or more lights by a pilot.
3. On August 15, 2002, the Anchorage Resident Agent
Office issued an Official Notice of Violation (``NOV'') to
Unocal, advising that the ASR number was not posted and the
structure's lighting was non-compliant with the ASR. On
August 21, 2002, the NOV was returned as undelivered. The
envelope was marked ``Not deliverable as addressed, unable
to forward.'' The NOV was reissued August 22, 2002.
4. On September 5, 2002, Unocal replied to the NOV,
stating that the ASR number will be posted and the lighting
on the antenna structure will be replaced with at least one
red flashing light and installed to ensure unobstructed view
of the light by a pilot.
5. 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 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
6. Section 17.4(g) of the Rules requires the ASR
number be displayed in a conspicuous place so that it is
readily visible near the base of the antenna structure. On
July 11, 2002, an inspection of Unocal's antenna structure
number 1059096 found no registration number posted.
Unocal's reply to the NOV indicates that no registration
number was posted at the antenna structure site, as
7. Section 17.23 of the Rules states that unless
otherwise specified by the Commission, each new or altered
antenna structure to be registered on or after January 1,
1996, must conform to the FAA's painting and lighting
recommendations set forth on the structure's FAA
determination of ``no hazard,'' as referenced in the
following FAA Advisory Circulars: AC 70/7460-1J, Obstruction
Marking and Lighting,'' effective January 1, 1996, and AC
150/5345-43E, ``Specification for Obstruction Lighting
Equipment,'' dated October 19, 1995. Pursuant to Section
17.23, the specifications, standards, and general
requirements stated in the FAA Circulars are mandatory. The
ASR for structure number 1059096 indicates the structure was
registered after 1996 and specifies lighting specifications
in accordance with FAA Circular Number 70/7460-1J, Chapters
4 and 5. Chapter 5 (Red Obstruction Lighting Standards)
requires towers exceeding 150 feet (46 meters) above ground
level (``AGL''), to have as a top mounted obstruction light,
at least one red flashing (L-864) light installed in a
manner to ensure an unobstructed view of one or more lights
by the pilot. Antenna structure number 1059096 is 205 feet
(62.5 meters) AGL. At the time of inspection, the antenna
structure did not have at least one top mounted red flashing
(L-864) obstruction light installed. The agents observed
two single small red lights mounted on top of the structure.
8. Based on the evidence, we find that Unocal
willfully and repeatedly violated Sections 17.4(g) and 17.23
of the Rules by failing to post the ASR number and maintain
9. Pursuant to Section 1.80 of the Rules and The
Commission's Forfeiture Policy Statement and Amendment of
Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines (``Forfeiture Policy Statement''),6 the base
forfeiture amount for failure to comply with prescribed
lighting requirements is $10,000. Section 1.80 of the
Rules,7 does not establish a base forfeiture amount for
failure to post the ASR number.8 The Commission has
determined, however, that an appropriate base forfeiture
amount for failure to post the ASR number is $2,000 per
violation.9 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, which include the
nature, circumstances, extent, and gravity of the
violation(s), 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.10
Applying the Forfeiture Policy Statement and the statutory
factors to the instant case, a $12,000 forfeiture is
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Communications Act of 1934, as
amended,11 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules,12 Unocal is hereby NOTIFIED of its
APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve
thousand dollars ($12,000) for violating Sections 17.4(g)
and 17.23 of the Rules.13
11. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Commission's Rules,14 within thirty days of the
release date of this NOTICE OF APPARENT LIABILITY, Unocal
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 must include the FCC Registration Number (FRN)
and the NAL/Acct. No. referenced in the caption.
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. referenced in
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 Receivable Operations
Group, 445 12th Street, S.W., Washington, D.C. 20554.15
16. 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
Comminations Act. If you have questions regarding any of the
information contained in Attachment A, please contact OCBO
at (202) 418-0990.
17. IT IS FURTHER ORDERED THAT a copy of this NOTICE
OF APPARENT LIABILITY shall be sent by Certified Mail Return
Receipt Requested to Union Oil of California DBA = Unocal,
260 Caviar St., Kenai, AK 99611.
FEDERAL COMMUNICATIONS COMMISSION
Anchorage Resident Agent Office
Enclosure: Attachment A
1 47 C.F.R. §§ 17.4(g) and 17.23.
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 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 The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC
Rcd 303 (1999) (``Forfeiture Policy Statement'').
7 47 C.F.R. § 1.80.
8 The Forfeiture Policy Statement states that ``...any
omission of a specific rule violation from the...[forfeiture
guidelines]...should not signal that the Commission
considers any unlisted violation as nonexistent or
unimportant. Forfeiture Policy Statement, 12 FCC Rcd at
17099. The Commission retains the discretion, moreover, to
depart from the Forfeiture Policy Statement and issue
forfeitures on a case-by-case basis, under its general
forfeiture authority contained in Section 503 of the Act.
9 American Tower Corporation, 16 FCC Rcd 1282 (2001).
10 47 U.S.C. § 503(b)(2)(D).
11 47 U.S.C. § 503(b).
12 47 C.F.R. §§ 0.111, 0.311, 1.80.
13 47 C.F.R. §§ 17.4(g) and 17.23.
14 47 C.F.R. § 1.80.
15 See 47 C.F.R. § 1.1914.