Click here for Adobe Acrobat version
Click here for Microsoft Word version
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.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-AT-415
Business Cell Systems ) NAL/Acct. No.200332480015
Owner of Antenna Structure )
#1216842 in Tellico Plains, ) FRN 0005-8658-60
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 23, 2003
By the Enforcement Bureau, Atlanta Office:
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Business Cell Systems
(``Business Cell''), owner of antenna structure #1216842,
apparently liable for a forfeiture in the amount of ten
thousand dollars ($10,000) for willful and repeated
violation of Section 17.51(b) of the Commission's Rules
(``Rules'').1 Specifically, we find Business Cell Systems
apparently liable for failure to continuously exhibit all
medium intensity obstruction lighting during daytime hours.
2. On November 19 and 21, 2002, the antenna structure
associated with FCC antenna structure registration (``ASR'')
#1216842 and located near Tellico Plains, Tennessee, was
inspected by an agent of the Commission's Atlanta Field
Office (``Atlanta Office''). At the time of inspection,
9:30 a.m. on November 19, 2002, and 2:30 p.m. on November
21, 2002, the unpainted structure had no white obstruction
lighting in operation.
3. On November 21, 2002, an agent of the Atlanta
Office determined from the Commission ASR database that
antenna structure #1216842 was registered to Business Cell
and that the registration included requirements to maintain
medium intensity obstruction lighting during daytime and
nighttime hours. The FCC agent telephoned the nearest
Flight Service Station of the Federal Aviation
Administration (``FAA''), which verified that it had
received no report of a light outage for this antenna
4. On December 4, 2002, the agent of the Atlanta
Office contacted Business Cell via telephone. Business Cell
is the current owner of the antenna structure. Business
Cell's representative indicated that they were unaware of
the outage. Upon notification by the FCC, the structure was
inspected by Business Cell to confirm the lighting outage.
The outage was caused by a burnt relay in the lighting
control circuitry, which also prevented an alarm from being
sent to notify the alarm center of the outage.
5. Section 17.51(b) of the Rules requires that all
medium intensity obstruction lighting be exhibited
continuously unless otherwise specified. Business Cell's
antenna structure #1216842 is required to exhibit medium
intensity obstruction lighting during daylight hours and at
night. At the times of inspection on November 19 and 21,
2002, no medium intensity obstruction lighting was observed
operating on Business Cell's antenna structure #1216842.
Business Cell had not notified the FAA of the light outage.2
6. Based on the evidence before us, we find Business
Cell willfully3 and repeatedly4 violated Section 17.51(b) of
the Rules by failing to continuously exhibit medium
intensity obstruction lighting during daylight hours.
7. Pursuant to Section 1.80(b)(4) of the Rules,5 the
base forfeiture amount for failure to comply with prescribed
antenna structure lighting 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.6
Considering the entire record and applying the factors
listed above, this case warrants a forfeiture of $10,000.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,7 and Sections 0.111, 0.311 and
1.80 of the Rules,8 Business Cell Systems 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(b) of the Rules by failing to
continuously exhibit medium intensity obstruction lighting
during daylight hours.
9. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Business Cell Systems SHALL PAY the full amount of
the proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed
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. 20554.9
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 Business Cell Systems, P. O. Box 1374,
Athens, TN 37371.
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
Atlanta Office, Enforcement Bureau
1 47 C.F.R. § 17.51(b).
2 The owner of any registered antenna structure must report
immediately to the nearest flight service station of the FAA
any observed or otherwise known extinquishment or improper
functioning of any flashing obstruction light not corrected
within 30 minutes. See 47 C.F.R. § 17.48(a).
3 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
4 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).
5 47 C.F.R. § 1.80(b)(4).
6 47 U.S.C. § 503(b)(2)(D).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, 1.80.
9 See 47 C.F.R. § 1.1914.