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


In the Matter of                   )                   File   No. 
EB-04-TP-037
                              )
Florida Food Products, Inc.             )              NAL/Acct. 
No.: 200432700015   
                              )
Owner of Unregistered Antenna Structure )                                
FRN: 0001801687     
Eustis, Florida                         )




           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released:  March 15, 2004

By the Enforcement Bureau, Tampa Office:

                        I.   INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  forfeiture 
(``NAL''), we find Florida Food Products, Inc., (``FFP''),  owner 
of  an  unregistered  antenna   structure  in  Eustis,   Florida, 
apparently liable  for  a  forfeiture  in  the  amount  of  three 
thousand dollars ($3,000) for  willful and repeated violation  of 
Section  17.4(a)   of   the  Commission's   Rules   (``Rules'').1  
Specifically, we  find  FFP  apparently  liable  for  failing  to 
register its antenna structure located at Eustis, Florida. 

                      II.       BACKGROUND

     2.   On  January  26,   2004,  two  agents   from  the   FCC 
          Enforcement Bureau's Tampa Field Office 
(``Tampa Office'') inspected FFP's  antenna structure located  at 
the approximate  coordinates  of 2852'34''  north  latitude  and 
08142'22'' west longitude, W.  Highway 44, Eustis, Florida.   At 
the time  of the  inspection, no  antenna structure  registration 
number was displayed at the base of the structure.  The structure 
is approximately 74 meters in height (242 feet), painted and lit.  
An FCC  agent  checked  the FCC  Antenna  Structure  Registration 
database and found no record  that this structure was  registered 
with the Commission. 

     3.   On February 3, 2004, an FCC agent contacted FFP and 
spoke to one of its representatives.   During this conversation 
the FFP's representative acknowledged that his company was the 
owner of the structure.2  He further stated that he was not aware 
of the tower registration requirement.   The agent verbally 
warned the representative of the violation and offered assistance 
to register the structure.
          
     4.   On March 12, 2004, a search of the FCC Antenna 
Structure Registration database revealed that the structure still 
was not registered with the Commission.



                        III.  DISCUSSION

     5.   Section 17.4(a) of the Rules requires that the owner of 
any proposed or existing  antenna structure that requires  notice 
of proposed construction to  the Federal Aviation  Administration 
must register the  structure with the  Commission.  FFP owns  the 
antenna structure at  Eustis, Florida.   This structure  requires 
notice  of  proposed  construction,  and  therefore,   Commission 
registration, because the  structure's height  exceeds 200  feet.  
From February 3, 2004, until at least March 12, 2004, FFP  failed 
to register its antenna structure with the Commission.

     6.   Based on the evidence before  us, we find that  Florida 
Food Products, Inc. willfully3  and repeatedly4 violated  Section 
17.4(a) of the Rules by  failing to register with the  Commission 
its antenna structure located at Eustis, Florida.

     7.   Pursuant to Section  1.80(b) (4)  of the  Rules, 5  the 
base  forfeiture  amount  for  failure  to  register  an  antenna 
structure (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 such other matters as justice may require.6  Considering 
the entire  record  and  applying the  statutory  factors  listed 
above, this case warrants a $3,000 forfeiture.

                      IV.  ORDERING CLAUSES

     8.   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 Florida Food Products, Inc.,  is hereby NOTIFIED of  this 
APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  three 
thousand ($3,000) for willful  and repeated violation of  Section 
17.4(a) of  the Commission's  Rules by  failing to  register  its 
antenna structure.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release of this NAL, Florida 
Food Products, Inc., 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. 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, SW, Washington, D.C. 20554.9

     11.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW,  Washington, D.C.  20554, Attn:  Enforcement  Bureau-
Spectrum Enforcement Division and MUST INCLUDE THE NAL/Acct.  No. 
referenced above.

     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.  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 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.

     14.  IT IS FURTHER ORDERED THAT a copy of this NAL shall  be 
sent  by  regular  mail   and  Certified  Mail,  Return   Receipt 
Requested, to  Florida  Food  Products, Inc.,  P.  O.  Box  1300, 
Eustis, Florida, 32727-1300.

                              FEDERAL COMMUNICATIONS COMMISSION



                              Ralph M. Barlow
                              District Director, Tampa Office, 
Enforcement Bureau


Attachment
  
_________________________

1 47 C.F.R.  17.4 (a).
2 In a subsequent conversation, an FFP representative stated FFP 
had owned the structure for at least 30 years.
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 (1991).
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, and 1.80.
9 See 47 C.F.R.  1.1914.