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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-02-CG-
Robert B. Taylor ) NAL/Acct. No.
Antenna Structure # 1030929 )
Fort Wayne, Indiana ) FRN: 0000 0116 43
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
By the District Director, Chicago Office, Enforcement Bureau:
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).
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.
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
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
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
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.