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


In the Matter of                   )      File Number EB-02-KC-806
                                                             )
Professional Communications Inc.   )     NAL/Acct. No.200332560009
Owner of Antenna Structure         )
#1037282 located                   )              FRN 0006-1497-36
near Peculiar, Missouri            )
Houston, Texas

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                  Released: January 24, 2003

By the Enforcement Bureau, Kansas City Office:


                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''), we  find Professional  Communications 
Inc.  (``PCI''),   owner  of  antenna   structure  #1037282, 
apparently  liable for  a forfeiture  in the  amount of  ten 
thousand  dollars  ($10,000.00)  for  willful  and  repeated 
violation  of  Section  17.51(a) of  the Commission's  Rules 
(``Rules'').1     Specifically,    we   find    Professional 
Communications Inc. apparently liable for failure to exhibit 
all red  obstruction lighting from sunset  to sunrise during 
the period of November 11-15, 2002, and on December 3, 2002.


                         II.  BACKGROUND

     2.   On November  11, 2002,  a tenant on  PCI's antenna 
structure  #1037282   telephoned  PCI   representative  Eran 
Epstein  notifying him  of  the outage  of  lighting on  the 
structure, including  the outage  of a beacon.   Mr. Epstein 
contacted United Tower Inc. (``UTI'') in Wichita, Kansas and 
contracted with  them to  conduct repairs on  the structure.  
The  Federal  Aviation   Administration  (``FAA'')  was  not 
notified  of the  outage of  the lighting  on the  structure 
because  PCI incorrectly  assumed their  monitoring company, 
TowerSentry,  had received  an alarm  and had  contacted the 
FAA.

     3.   On November  15, 2002, UTI personnel  repaired the 
outages by replacing all lamps on the structure, including 6 
beacon bulbs and 9 side light bulbs. 

     4.   On December  3, 2002, at approximately  6:25 A.M., 
an agent from  the FCC's Kansas City  Field Office (``Kansas 
City  Office'') conducted  an  inspection  of PCI's  antenna 
structure #1037282.   The agent noted that  only the topmost 
flashing beacon  was in operation.   A second beacon  at the 
1/3  overall height  level  was lighted,  but not  flashing.   
The side  lighting at  the 1/6 overall  height level  was in 
operation as was one lamp at the  overall height level.  No 
lighting was  observed between  the   overall  height level 
and  the top  flashing beacon.   At approximately  9:00 A.M. 
this  date,  the  agent contacted  PCI  representative  Eran 
Epstein  by  telephone  concerning   the  condition  of  the 
lighting on  the structure.  At  the time of that  call, PCI 
was unaware  of the outage,  no alarms had been  received by 
the  monitoring company,  TowerSentry, and  the FAA  had not 
been notified of the outage.


     5.   On December  4, 2002,  PCI submitted a  faxed memo 
and  logs to  FCC, Kansas  City Office.    The documentation 
indicates  that  no light  outages  were  logged during  the 
period of November 1,  2002 through, and including, December 
3, 2002.    During that  same period,  the FAA  was notified 
only  once  of light  outages  on  the structure,  and  that 
notification was  made at  11:00 A.M.  on December  3, 2002.  
The memo  indicated that mice  had eaten through  the wiring 
causing the outage of the lighting.

     6.   On December 4, 2002, the Kansas City Office issued 
a Letter of Inquiry  (``LOI'') to PCI requesting information 
pertaining to  the logging, alarm and  lighting maintenance, 
and monitoring practices of PCI for this structure.

     7.   On December 9, 2002, PCI  submitted a reply to the 
LOI.   The reply  stated  that PCI  has  now engaged  United 
Towers Inc. to perform  required quarterly tower inspections 
of both  the lighting  system as well  as components  of the 
alarm system.   The letter  further stated that  the damaged 
alarm  system   prevented  TowerSentry  from   receiving  an 
indication of  the outage  which resulted  in no  logs being 
made of the outage and no notifications being made to PCI or 
UTI. The reply also confirmed that  PCI was the owner of the 
structure.



                      III.  DISCUSSION

     8.   Section 17.51(a)  of the  Rules requires  that all 
red  obstruction  lighting  be   exhibited  from  sunset  to 
sunrise.   The  Antenna  Structure  Registration  for  PCI's 
antenna  structure #1037282  requires  that red  obstruction 
lighting  be  exhibited  at  night.  During  the  period  of 
November 11-15,  2002 and on  December 3, 2002, one  or more 
beacons were inoperable on the antenna structure bearing FCC 
registration  #1037282 and  located near Peculiar, Missouri.  
The  outage of at  least one  beacon was  noted by  a tenant 
operating  from   this  structure,  who  notified   PCI  via 
telephone  on  November  11,  2002.   That  outage  was  not 
repaired  until November  15,  2002 according  to PCI's  own 
reports and  records.  The  outage of  December 3,  2002 was 
noted by an FCC agent and included the outage of two beacons 
and  several side  lights.  No  report was  made to  the FAA 
concerning any of the noted outages until after the FCC made 
contact with  the PCI  representative on December  3, 2002.2  
The PCI representative was personally notified of the outage 
on  November  11,  2002,  but   no  log  entries  were  made 
documenting the outage3 and there  is no indication that any 
attempt was made to determine the reasons why PCI received a 
telephone call  from a  tenant instead of  notification from 
TowerSentry.  PCI was not conducting required inspections of 
the lighting and alarm systems or taking the steps necessary 
to   properly   maintain   these  systems   prior   to   FCC 
notification.4


     9.   Based  on  the evidence  before  us,  we find  PCI 
willfully5 and repeatedly6 violated  Section 17.51(a) of the 
Rules  by failing  to exhibit  all red  obstruction lighting 
from sunset to sunrise during  the period of November 11-15, 
2002, and on December 3, 2002.

     10.  Pursuant to Section 1.80(b)(4)  of the Rules,7 the 
base forfeiture amount for failure to comply with prescribed 
lighting   is  $10,000.00.    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 
Communications  Act of  1934,  as  amended (``Act''),  which 
include the  nature, circumstances,  extent, and  gravity of 
the violation, 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.8  
Considering  the  entire  record and  applying  the  factors 
listed above, this case warrants a $10,000.00 forfeiture.

                      IV.  ORDERING CLAUSES

     11.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,9  and Sections 0.111,  0.311 and 
1.80  of the  Rules,10 Professional  Communications Inc.  is 
hereby NOTIFIED of this  APPARENT LIABILITY FOR A FORFEITURE 
in  the  amount of  ten  thousand  dollars ($10,000.00)  for 
willful and  repeated violation  of Section 17.51(a)  of the 
Rules  by failing  to exhibit  all red  obstruction lighting 
from sunset to sunrise during  the period of November 11-15, 
2002, and on December 3, 2002.

     12.  IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this  NAL, Professional  Communications Inc.  SHALL PAY  the 
full  amount of  the  proposed forfeiture  or  SHALL FILE  a 
written statement  seeking reduction or cancellation  of the 
proposed forfeiture.

     13.  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 
above.  Requests for payment of  the full amount of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.11
     14.  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. referenced above.  


     15.  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.

     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 Technical & 
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.

     17.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested to  Professional Communications Inc., 8588 
Katy Fwy, Suite 240, Houston, Texas  77024.   


                         FEDERAL COMMUNICATIONS COMMISSION

                           - Unhandled Picture -  

                         Robert C. McKinney
                         Kansas  City   Office,  Enforcement 
Bureau


Attachment
                                                     October 2002
                          ATTACHMENT A


                FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit enterprise that is independently owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages, 
school districts, or 
special districts, with a population of less than fifty 
thousand.


(3)  Small Business
Any business concern that is independently owned and 
operated and 
is not dominant in its field, and meets the pertinent size 
criterion described below.
  

      Industry Type          Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                            Special Size Standard - 
Cable Systems                Small Cable Company has 400,000 
                            Subscribers Nationwide or Fewer
Cable and Other Program 
Distribution                     $12.5 Million in Annual 
                                    Receipts or Less

Open Video Systems 
       Common Carrier Services and Related Entities
Wireline Carriers and 
Service providers 
                                1,500 Employees or Fewer
Local Exchange Carriers, 
Competitive Access 
Providers, Interexchange 
Carriers, Operator Service 
Providers, Payphone 
Providers, and Resellers


Note:  With the exception of Cable Systems, all size 
standards are expressed in either millions of dollars or 
number of employees and are generally the average annual 
receipts or the average employment of a firm.  Directions 
for calculating average annual receipts and average 
employment of a firm can be found in 
13 CFR 121.104 and 13 CFR 121.106, respectively.





                  International Services
International Broadcast 
Stations






                                $12.5 Million in Annual 
                                    Receipts or Less
International Public Fixed 
Radio (Public and Control 
Stations)
Fixed Satellite 
Transmit/Receive Earth 
Stations
Fixed Satellite Very Small 
Aperture Terminal Systems
Mobile Satellite Earth 
Stations
Radio Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                        or Less
Low Power Television 
Services and Television 
Translator Stations
TV Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Radio Services
                             $6 Million in Annual Receipts 
                                        or Less
Radio Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Multipoint Distribution      Auction Special Size Standard -
Service                      Small Business is less than 
                            $40M in annual gross revenues 
                            for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220 MHz Radio Service - 
Phase I Licensees
220 MHz Radio Service -      Auction special size standard -
Phase II Licensees           Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            controlling principals)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            controlling principals)
700 MHZ Guard Band Licensees


Private and Common Carrier 
Paging
Broadband Personal 
Communications Services          1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal           Auction special size standard -
Communications Services      Small Business is $40M or less 
(Block C)                    in annual gross revenues for 
                            three previous calendar years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three 
                            calendar years (includes 
                            affiliates and persons or 
                            entities that hold interest in 
                            such entity and their 
                            affiliates)
Broadband Personal 
Communications Services 
(Block F)
Narrowband Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground Radiotelephone 
Service
800 MHz Specialized Mobile   Auction special size standard -
Radio                        Small Business is $15M or less 
                            average annual gross revenues 
                            for three preceding calendar 
                            years
900 MHz Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                      N/A
Aviation and Marine Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                            Small Business is 1,500 
Public Safety Radio Services employees or less
                            Small Government Entities has 
                            population of less than 50,000 
                            persons
Wireless Telephony and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                    N/A
Offshore Radiotelephone          1,500 Employees or Fewer
Service
Wireless Communications      Small Business is $40M or less 
Services                     average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 

39 GHz Service
                            Auction special size standard 
                            (1996) -
Multipoint Distribution      Small Business is $40M or less 
Service                      average annual gross revenues 
                            for three preceding calendar 
                            years
                            Prior to Auction -
                            Small Business has annual 
                            revenue of $12.5M or less
Multichannel Multipoint 
Distribution Service             $12.5 Million in Annual 
                                    Receipts or Less
Instructional Television 
Fixed Service
                            Auction special size standard 
                            (1998) -
Local Multipoint             Small Business is $40M or less 
Distribution Service         average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 
                            First Auction special size 
                            standard (1994) -
                            Small Business is an entity 
                            that, together with its 
                            affiliates, has no more than a 
218-219 MHZ Service          $6M net worth and, after 
                            federal income taxes (excluding 
                            carryover losses) has no more 
                            than $2M in annual profits each 
                            year for the previous two years
                            New Standard - 
                            Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
Satellite Master Antenna 
Television Systems               $12.5 Million in Annual 
                                    Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees    Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                        or Less
Radio and Television 
Broadcasting and Wireless 
Communications Equipment          750 Employees or Fewer
Manufacturers
Audio and Video Equipment 
Manufacturers
Telephone Apparatus 
Manufacturers (Except            1,000 Employees or Fewer
Cellular)
Medical Implant Device            500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                        or Less
Nursing Homes                    $11.5 Million in Annual 
                                    Receipts or Less
Hotels and Motels             $6 Million in Annual Receipts 
                                        or Less
Tower Owners                 (See Lessee's Type of Business)


_________________________

1 47 C.F.R.  17.51(a).

2 The owner of any registered antenna structure with 
assigned lighting specifications must report immediately to 
the nearest FAA Flight Service Station of the FAA any known 
improper functioning of any top or flashing obstruction 
light not corrected within 30 minutes.  See 47 C.F.R.  
17.48(a).

3 The owner of any registered antenna structure with 
assigned lighting specifications must maintain a record of 
any known improper functioning of a structure light.  See 47 
C.F.R.  17.49.

4 See 47 C.F.R.  17.47.

5 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 4387-88 
(1991).

6 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).

7 47 C.F.R.  1.80(b)(4).

8 47 U.S.C.  503(b)(2)(D).

9 47 U.S.C.  503(b).

10 47 C.F.R.  0.111, 0.311, 1.80.

11 See 47 C.F.R.  1.1914.