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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-03-KC-012
AAT Communications Corporation ) NAL/Acct. No.200332560011
Owner of Antenna Structure )
#1005728 near Harrisonville, ) FRN 0003477676
Iselin, New Jersey
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 27, 2003
By the Enforcement Bureau, Kansas City Office:
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find AAT Communications
Corporation, owner of antenna structure #1005728, apparently
liable for a forfeiture in the amount of ten thousand
dollars ($10,000) for willful violation of Section 17.50 of
the Commission's Rules (``Rules'').1 Specifically, we find
AAT Communications Corporation apparently liable for failure
to repaint its antenna structure to maintain good
2. On January 13, 2003, the antenna structure bearing
FCC antenna structure registration (``ASR'') number 1005728
and located near Harrisonville, Missouri was inspected by an
agent of the Commission's Kansas City Field Office. At the
time of inspection, the structure's paint had faded,
reducing the visibility of the structure. In addition,
black cabling on the outside of the structure covered the
painted metal tower, resulting in poor visibility of the
structure. The Commission's ASR database showed this
structure is owned by and registered to AAT Communications
3. On January 23, 2003, the agent spoke with the
Director of Engineering for AAT Communications Corporation
who stated that a tower company had inspected the antenna
structure on December 19, 2002, and recommended the
structure be painted due to fading paint.
4. Section 17.50 requires antenna structure owners to
repaint the structure as necessary to maintain good
visibility. AAT Communications Corporation's antenna
structure registration #1005728 specifies lighting and
painting for this structure that includes requirements that
the structure be painted with alternating aviation orange
and whites bands. On January 13, 2003, AAT Communications
Corporation antenna structure #1005728 had faded paint and
black cabling on two faces of the antenna structure
obscuring the structure's paint. As a result of the faded
paint and black cabling, the structure exhibited poor
5. Based on the evidence before us, we find AAT
Communications Corporation willfully2 violated Section 17.50
of the Rules by failing to repaint the antenna structure in
accordance with the painting specifications associated with
its antenna structure #1005728.
6. Pursuant to Section 1.80(b)(4) of the Rules,3 the
base forfeiture amount for failure to repaint this structure
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 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.4 Considering the entire
record and applying the factors listed above, this case
warrants a $10,000 forfeiture.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,5 and Sections 0.111, 0.311 and
1.80 of the Rules,6 AAT Communications Corporation is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of ten thousand dollars ($10,000) for willful
violation of Section 17.50 of the Rules by failing to
repaint its antenna structure to maintain good visibility.
8. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, AAT Communications Corporation. 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. 20554.7
9. 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.
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 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
11. 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.
12. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Attention: John Stricko, 517 Route One
South, Suite 5000, Islein, NJ 08830.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
Kansas City Office, Enforcement
1 47 C.F.R. § 17.50.
2 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
3 47 C.F.R. § 1.80(b)(4).
4 47 U.S.C. § 503(b)(2)(D).
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80.
7 See 47 C.F.R. § 1.1914.