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


In the Matter of                )       
                                )       File No. EB-03-DT-883
West Harbor Towing Service      )       
                                )       NAL/      Acct.       No. 
200432360002
Port Clinton, Ohio              )       
                                )       FRN: 0004 8484 01


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                          Released:  March 15, 
2004
By the District Director, Detroit Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that West  Harbor Towing Service (``West  Harbor 
Towing'') has  apparently  violated  the  Great  Lakes  Agreement 
(``GLA'')1  and   Sections  80.953(a)   and  80.953(b)   of   the 
Commission's Rules2 (the ``Rules'') as  a result of their  vessel 
the ``West Harbor'' navigating the Great Lakes without having the 
annual GLA  inspection  and  certification of  their  marine  VHF 
radiotelephone equipment.  We conclude that West Harbor Towing is 
apparently liable for  forfeiture in the  amount of one  thousand 
one hundred dollars ($1,100).

                         II.  BACKGROUND

     2.   The GLA requires, among other things, that all  vessels 
65 feet or over in length  (20 meters), most towing vessels,  and 
vessels carrying more  than six passengers  for hire be  equipped 
with a marine VHF  radiotelephone installation when navigated  on 
the Great Lakes.  The GLA is  intended to promote safety of  life 
and property on the  Great Lakes by means  of radio and  requires 
the radiotelephone  installation be  inspected and  certified  at 
least once every thirteen months.  The inspection of GLA  subject 
vessels may  be  performed  by  the  holder  of  an  FCC  General 
Radiotelephone  Operator   License,  GMDSS   Radio   Maintainer's 
License, Second  Class Radiotelegraph  Operator's Certificate  or 
First Class Radiotelegraph Operator's Certificate. 

     3.   On September  24,  2003  FCC agents  from  the  Detroit 
Office conducted  random inspections  in  Port Clinton,  Ohio  of 
vessels subject to the GLA  to determine whether GLA  inspections 
were being  conducted and  certified.  The  agents inspected  the 
tugboat ``West Harbor''  and determined that  the vessel did  not 
have a  current GLA  safety  inspection and  certification.   The 
agents also determined that the  vessel had navigated the  waters 
of the Great  Lakes as  a towing vessel.   A review  of the  ship 
radiotelephone  log  indicated  that  the  ``West  Harbor''   had 
navigated on September 10, 2003, and September 13, 2003 without a 
valid GLA certification.

                        III.  DISCUSSION

     4.   In order to promote the safety of life and property  on 
the  Great  Lakes,  the  Great  Lakes  Agreement,  and   Sections 
80.953(a) and 80.953(b) of the Rules require that vessels subject 
to the  GLA have  the radiotelephone  installation inspected  and 
certified  annually.   The   vessel  ``West   Harbor''  was   not 
certified.

     5.   Based on  the evidence  before us,  we find  that  West 
Harbor Towing willfully3 and repeatedly4 violated the Great Lakes 
Agreement  and   Sections   80.953(a)  and   80.953(b)   of   the 
Commission's Rules  as  a  result  of  their  vessel  the  ``West 
Harbor'' having navigated  the Great  Lakes on  September 10  and 
September  13,  2003  without  having  had  their  radiotelephone 
installation inspected  and certified  as required  by the  Great 
Lakes Agreement.   The Commission's  Forfeiture Policy  Statement 
and Amendment of  Section 1.80  of the Rules  to Incorporate  the 
Forfeiture Guidelines,  12 FCC  Rcd 17087,  17113 (1997),  recon. 
denied, 15 FCC Rcd 303(1999) (``Forfeiture Policy  Statement'')5, 
sets the  statutory maximum  amount  forfeiture at  five  hundred 
fifty dollars  ($550)  per  day  for  violation  of  Great  Lakes 
Agreement.  In assessing the monetary forfeiture amount, we  must 
take into account  the downward adjustment  factors set forth  in 
Section 1.80 of the Rules for non-Section 503 forfeitures,  which 
include minor  violations, good  faith or  voluntary  disclosure, 
history of overall compliance, and inability to pay.  While  this 
is not a minor violation, the record reveals that West Harbor has 
an overall history of compliance.  Applying the Policy  Statement 
and the adjustment criteria to the instant case, we believe  that 
a one thousand one hundred dollar ($1,100) monetary forfeiture is 
warranted.  

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
506(a) of the  Act6 and  Sections 0.111,  0.311 and  1.80 of  the 
Rules7, West Harbor  Towing is hereby  NOTIFIED of this  APPARENT 
LIABILITY FOR  A FORFEITURE  in the  amount of  one thousand  one 
hundred dollars ($1,100) for  willfully and repeatedly  violating 
the Great Lakes Agreement and Sections 80.953(a) and 80.953(b) of 
the Commission's Rules.

     7.   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, West  Harbor Towing  SHALL PAY  the  full 
amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     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. 200432360002, FRN: 0004 8484 01. 

     9.   Any response  to this  NAL must  be mailed  to  Federal 
Communications   Commission,    Enforcement   Bureau,    Spectrum 
Enforcement Division,  445 12th  Street, S.W.,  Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200432360002, FRN:  0004 
8484 01. 

     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 
submitted.

     11.  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

     12.  Under the Small Business Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116  Sta. 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 Spectrum Enforcement  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 NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested,  to  West  Harbor Towing  Service,  2175  N.E. 
Catawba Road, Lot 28, Port Clinton, Ohio 43452 and to West Harbor 
Towing Service, 19336 Laurel, Rocky River, Ohio 44116.



                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                James A. Bridgewater
                                District Director
                                Detroit Office


Attachment A - Condensed List of Small Entities, October 2002
_________________________

1 Agreement Between Canada and the United States for the 
Promotion of Safety on the Great Lakes by Means of Radio T.I.A.S. 
7837, amended T.I.A.S. 9352 (Great Lakes Agreement).

2 47 C.F.R.  80.953(a), and 80.953(b).
3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to 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 (1991).

4 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.

547 C.F.R.  1.80.

6 47 U.S.C.  507(a).

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

8 See 47 C.F.R.  1.1914.