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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-AT-410
Barnacle Broadcasting Company ) NAL/Acct. No.200332480010
Owner of Antenna Structure ) FRN 0006-1527-55
in Port Royal, South Carolina
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 21, 2003
By the Enforcement Bureau, Atlanta Office:
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Barnacle Broadcasting Company,
Ltd. (``Barnacle Broadcasting'') apparently liable for a
forfeiture in the amount of ten thousand dollars ($10,000)
for willful and repeated violation of Section 17.51 of the
Commission's Rules (``Rules'').1 Specifically, we find
Barnacle Broadcasting apparently liable for failure to
exhibit red obstruction lighting from sunset to sunrise on
the antenna structure assigned Antenna Structure
Registration (``ASR'') number 1063961 in Port Royal, South
2. Antenna structure 1063961 is located in Port
Royal, South Carolina. Barnacle Broadcasting is the
registered owner of this structure. The structure's ASR
specifies that the structure be painted and lit with red
3. On November 25 and 26, 2002, after local sunset,
an agent from the Commission's Atlanta Field Office
inspected antenna structure 1063961 in Port Royal, South
Carolina and observed that all of the lights on the
structure were not illuminated per assigned painting and
lighting specifications. The Federal Aviation
Administration (``FAA'') had no record of any report of a
light outage for this structure.
4. On November 27, 2002, the FCC agent spoke with
Mr. Pegram Harrison of Barnacle Broadcasting. Mr. Harrison
acknowledged that Barnacle Broadcasting owned antenna
structure 1063961 and that he was unaware that the
structure's lights were extinguished. When asked how
Barnacle Broadcasting monitored the condition of the lights,
Mr. Harrison stated that he relied on tenants leasing space
on the antenna structure and on pilots from a nearby
5. Section 17.51 of the Rules requires that all red
obstruction lighting be exhibited from sunset to sunrise
unless otherwise specified. Barnacle Broadcasting owns
antenna structure 1063961 and is required to exhibit red
obstruction lighting on that structure from sunset to
sunrise. On November 25, 2002 and November 26, 2002,
Barnacle Broadcasting failed to exhibit red obstruction
lighting from sunset to sunrise on antenna structure 1063961
in Port Royal, South Carolina. In addition, Barnacle
Broadcasting failed to immediately notify the FAA of the
improper functioning of the structure's lighting2 and also
failed to provide an acceptable method of monitoring the
condition of the lights.3
6. Based on the evidence before us, we find Barnacle
Broadcasting willfully4 and repeatedly5 violated Section
17.51 of the Rules by failing to exhibit red obstruction
lighting from sunset to sunrise on antenna structure 1063961
in Port Royal, South Carolina.
7. Pursuant to Section 1.80(b)(4) of the Rules,6 the
base forfeiture amount for failure to comply with prescribed
lighting and/or marking 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.7
Considering the entire record and applying the factors
listed above, this case warrants a $10,000 forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,8 and Sections 0.111, 0.311 and
1.80 of the Rules,9 Barnacle Broadcasting Company, Ltd. is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
in the amount of ten thousand dollars ($10,000) for willful
and repeated violation of Section 17.51 of the Rules by
failing to exhibit red obstruction lighting from sunset to
sunrise on antenna structure 1063961 in Port Royal, South
9. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Barnacle Broadcasting Company, Ltd., SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the
10. 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. 20554.10
11. 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.
12. 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
13. 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.
14. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Barnacle Broadcasting Company Ltd., 3
Yonah Drive, Atlanta, Georgia, 30309.
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
Atlanta Office, Enforcement Bureau
1 47 C.F.R. § 17.51.
2 Owners of registered antenna structures with assigned
lighting must immediately report to the FAA any known
improper functioning of any top or flashing light. See 47
C.F.R. § 17.48(a).
3 The owner of any registered antenna structure that has
assigned lighting specifications shall make an observation
of the structure's lights at least once each 24 hours or
provide an automatic alarm system. See 47 C.F.R. §
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 4387-88
5 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).
6 47 C.F.R. § 1.80(b)(4).
7 47 U.S.C. § 503(b)(2)(D).
8 47 U.S.C. § 503(b).
9 47 C.F.R. §§ 0.111, 0.311, 1.80.
10 See 47 C.F.R. § 1.1914.