Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

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.

*****************************************************************




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

                                )
In the Matter of                )            File No. EB-02-CG-
609
                                )            
Robert B. Taylor                )            NAL/Acct.        No. 
200332320003
Antenna Structure # 1030929     )            
Fort Wayne, Indiana             )            FRN: 0000 0116 43

                                
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:   January 
               23, 2003

By the District Director, Chicago Office, Enforcement Bureau:

                        I.   INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),  we  find  that  Robert  B.  Taylor  (``Taylor'')  has 
apparently violated Section 17.50 of the Commission's Rules  (the 
``Rules'').1  This violation  occurred because  Taylor failed  to 
repaint the antenna structure as  often as necessary to  maintain 
good visibility.  We  conclude that Taylor  is apparently  liable 
for a forfeiture in the amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On September 12, 2002, an agent from the Chicago Office 
inspected  Taylor's   antenna  structure,   Registration   Number 
1030929, located  in Fort  Wayne, Indiana.   At the  time of  the 
inspection, the  agent observed  that the  paint on  the  antenna 
structure was severely faded.
 
     3.   On October 3, 2002, the Chicago Office issued a  Notice 
of Violation  (``NOV'')  to Taylor  for  failure to  paint  their 
antenna  structure  as  often  as  necessary  to  maintain   good 
visibility.  The NOV cited Taylor for violation of Section  17.50 
of the Rules.

     4.   On October  11, 2002,  the  Chicago Office  received  a 
response to  the  NOV  from  Taylor.  Taylor  did  not  deny  the 
violation.  Taylor stated they repainted the antenna structure on 
September 25 and 26, 2002.

                      III.      DISCUSSION

     5.   Section 17.50  of  the  Rules  specifies  that  antenna 
structures must be cleaned and repainted as often as necessary to 
maintain  good  visibility.   At  the  time  of  the  inspection, 
Taylor's antenna structure was severely faded, resulting in  poor 
visibility of the structure.

     6.   The Commission assesses  monetary forfeitures  pursuant 
to Section 503(b) of the Communications Act of 1934, as  amended, 
(the ``Act'')2 as implemented in  Section 1.80 of the Rules.3   A 
forfeiture may be  assessed against a  person who the  Commission 
finds to have willfully4 or repeatedly5 failed to comply with the 
provisions of  the  Act or  the  Rules.  Forfeiture  amounts  are 
decided in accordance with Section  503(b)(2) of the Act and  the 
Commission's forfeiture guidelines in  Section 1.80(b)(4) of  the 
Rules.

     7.   Based on the  evidence before us,  we find that  Taylor 
willfully and repeatedly violated Section  17.50 of the Rules  by 
failing to repaint the antenna  structure as often as  necessary.  
Pursuant to  The  Commission's Forfeiture  Policy  Statement  and 
Amendment of  Section  1.80  of  the  Rules  to  Incorporate  the 
Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 
FCC Rcd 303  (1999) (``Forfeiture Policy  Statement''), the  base 
forfeiture amount  for ten  thousand dollars.   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  (``ACT''), as amended, which  include 
the  nature,   circumstances,   extent,  and   gravity   of   the 
violation(s), 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  After applying  the 
Forfeiture Policy  Statement and  the  statutory factors  to  the 
instant case, we believe a $10,000 forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act, and  Sections 0.111,  0.311 and  1.80 of  the 
Rules,7 Robert  B.  Taylor is  hereby  NOTIFIED of  its  APPARENT 
LIABILITY FOR A FORFEITURE in the amount of ten thousand  dollars 
($10,000) for failure to clean  or repaint the antenna  structure 
as often as necessary to  maintain good visibility, in  violation 
of Section 17.50.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY, Robert B. Taylor SHALL PAY the full amount 
of the  proposed forfeiture  or SHALL  FILE a  written  statement 
seeking reduction or cancellation of the proposed forfeiture.

     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. 200332320003 and FRN 0000 0116 43.

     11.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20402 and MUST  INCLUDE THE  NAL/Acct. No.  200332320003 and  FRN 
0000 0116 43. 

     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 
submitted.

     13.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.8

     14.  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  and 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.

     15.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested, to  Robert B. Taylor,  2541 Goshen Road,  Fort 
Wayne, IN  46808.

                              FEDERAL COMMUNICATIONS COMMISSION




                              G. Michael Moffitt
                              District Director
                              Chicago Office



Attachment A:  Condensed List of Small Entities.
_________________________

1 47 C.F.R.  17.50.

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

3 47 C.F.R.  1.80.

4 Section 312(f)(1), which also applies to Section 503(b), 
provides: [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 provisions of the Act or any rule or 
regulation of the Commission authorized by this Act or by a 
treaty ratified by the United States.  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

5 Section 312(f)(2), which also applies to Section 503(b), 
provides: [t]he 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.

6 47 U.S.C.  503(b)(2)(D); see also Forfeiture Policy Statement, 
12 FCC Rcd at 17100-01.

7 47 C.F.R.  0.111, and 0.311.

8 See 47 C.F.R.  1.1914.