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In the Matter of ) File Number EB-03-KC-030
Wanda Doonan Trust ) NAL/Acct.
Owner of Antenna Supporting ) No.200332560018
Structure 1203563 )
Great Bend, Kansas ) FRN 0006-1633-98
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: March 3, 2003
By the Enforcement Bureau, Kansas City Office:
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Wanda Doonan Trust, owner of
antenna supporting structure # 1203563 located at 2650 Main
St. in Great Bend, Kansas, apparently liable for a
forfeiture in the amount of ten thousand dollars ($10,000)
for willful and repeated violation of Section 17.50 of the
Commission's Rules (``Rules'').1 Specifically, we find
Wanda Doonan Trust apparently liable for failure to repaint
the antenna structure as often as necessary to maintain good
2. On February 12, 2003, the antenna structure
bearing no FCC antenna structure registration number
(``ASR'') and located at or near geographic coordinates 38°
22' 42''N / 098° 45' 52''W in Great Bend, Kansas, was
inspected by an agent of the Commission's Kansas City Field
Office. The Commission's ASR database showed this structure
was registered to Wanda Doonan Trust and that the tower
required marking and lighting. At the time of the
inspection the paint on the tower was badly faded and
peeling, resulting in poor visibility of the structure.
3. On February 24, 2003, the agent interviewed Mr.
John Mann of Doonan Trucking, who stated the tower was
leased to a communications company that was entirely
responsible for all tower painting and lighting.
4. Section 17.50 of the Rules states that antenna
structures requiring painting under this part shall be
cleaned or repainted as often as necessary to maintain good
visibility. Wanda Doonan Trust is the registered owner of
antenna structure number 1203563 and is responsible for
maintaining the structure's marking.2 The ASR for this
structure requires that the structure be painted. On
February 12, 2003, the Wanda Doonan Trust failed to maintain
good visibility of the antenna structure. Based on the
evidence before us, we find the Wanda Doonan Trust
willfully3and repeatedly4 violated Section 17.50 of the
Rules by failing to clean or repaint the antenna structure
as often as necessary to maintain good visibility of the
antenna structure markings.
5. Pursuant to Section 1.80(b)(4) of the Rules,5 the
base forfeiture amount for failure to comply with the
prescribed 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.6
Considering the entire record and applying the factors
listed above, this case warrants a $10,000 forfeiture.
IV. ORDERING CLAUSES
6. 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 Wanda Doonan Trust 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 17.50 of the Rules by failing to clean
or repaint the antenna structure as often as necessary to
maintain good visibility of the antenna structure markings.
7. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Wanda Doonan Trust SHALL PAY the full amount of
the proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed
8. 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
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 Wanda Doonan Trust, %Mr. Steve
Dillinger, Doonan Truck and Equipment Inc., Hwy 56 & 156
Jct., Great Bend, KS. 67530.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
Kansas City Office
1 47 C.F.R. § 17.50.
2 See 47 C.F.R. § 17.6(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.