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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-OR-301
Tecnet, Inc. ) NAL/Acct. No.200332620008
Owner of Antenna Structures in )
Northern Louisiana ) FRN 0006 4233 47
Jackson, Mississippi )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 19, 2003
By the Enforcement Bureau, New Orleans Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Tecnet, Inc. (``Tecnet''), owner of
antenna structure number 1032607 and five other antenna
structures in northern Louisiana, apparently liable for a
forfeiture in the amount of four thousand five hundred
dollars ($4,500) for willful and repeated violation of
Section 17.57 of the Commission's Rules (``Rules'').1
Specifically, we find Tecnet apparently liable for its
failure to notify the Commission of the change in ownership
information concerning its antenna structures.
2. On September 12, 2002, an agent from the FCC
Enforcement Bureau's New Orleans Office (``New Orleans
Office'') inspected an antenna structure located at
geographic coordinates N 32º 27' 04" and W 093º 16' 57" near
the town of Heflin, Louisiana. Although an Antenna
Structure Registration (``ASR'') number was not displayed at
the base of the structure, Commission records indicated that
the structure was owned by Netwave Systems, Inc.
(``Netwave'') and was registered and assigned the ASR number
3. On October 18, 2002, further investigation by the
New Orleans Office determined that this structure, ASR
number 1032607, and five other structures, ASR numbers
1032605, 1032606, 1032608, 1032609, and 1032610, had been
purchased from Netwave by Tecnet more than two years ago.
On November 13, 2002, a Letter of Inquiry was issued by the
New Orleans Office requesting written information concerning
these structures. Tecnet did not respond. On January 6,
2003, a check of Commission records by the New Orleans
Office showed that on November 7, 2002, the Commission was
notified of a change in ownership by Tecnet regarding all
six of these structures.
4. Section 17.57 of the Rules requires that the owner
of an antenna structure for which an ASR number has been
obtained must immediately notify the Commission using FCC
Form 854 upon any change in structure height or change in
ownership information. Starting approximately two years
ago, and continuing until November 7, 2002, Tecnet violated
Section 17.57 of the Commission's Rules by failing to
immediately notify the Commission of a change in ownership
of these structures.
5. Based on the evidence before us, we find Tecnet
willfully2 and repeatedly3 violated Section 17.57 of the
Rules by failing to immediately notify the Commission of a
change in ownership of antenna structures.
6. Pursuant to Section 1.80(b)(4) of the Rules,4 the
base forfeiture amount for failure to file required forms or
information is $3,000. 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.5 Since there are six
antenna structures involved in this case and a lengthy
period of continuous violation, we are increasing this
forfeiture amount by $1,500. Considering the entire record
and applying the factors listed above, this case warrants a
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,6 and Sections 0.111, 0.311 and
1.80 of the Rules,7 Tecnet, Inc. is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of four
thousand five hundred dollars ($4,500) for willful and
repeated violation of Section 17.57 of the Rules by failing
to immediately notify the Commission of a change in
ownership of antenna structures.
8. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Tecnet, Inc. SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed
9. 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. 20554.8
10. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street S.W., Washington, DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division and MUST INCLUDE THE
NAL/Acct. No. referenced above.
11. 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
12. 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.
13. IT IS FURTHER ORDERED THAT a copy of this NAL shall
be sent by regular mail and Certified Mail Return Receipt
Requested to Tecnet, Inc., 236 East Capitol Street, Jackson,
FEDERAL COMMUNICATIONS COMMISSION
James C. Hawkins
District Director, New Orleans
1 47 C.F.R. § 17.57.
2 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
3 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).
4 47 C.F.R. § 1.80(b)(4).
5 47 U.S.C. § 503(b)(2)(D).
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311, 1.80.
8 See 47 C.F.R. § 1.1914.