Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************





                         Before the
              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
Number 1059096
Kenai, Alaska


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                 Released:  January 31, 2003 

By the Anchorage Resident Agent Office, Enforcement Bureau:


                     I.     INTRODUCTION

     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).


                     II.     BACKGROUND

     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. 
        

                    III.      DISCUSSION

     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 
day.5

     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 
required. 

     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 
prescribed lighting.

     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 
warranted.


                    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 
the caption.  

     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 
submitted.  

     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


                       Marlene Windel
                       Resident Agent
                       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. 
Id.
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.