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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No.
Florida Food Products, Inc. ) NAL/Acct.
Owner of Unregistered Antenna Structure )
Eustis, Florida )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: March 15, 2004
By the Enforcement Bureau, Tampa Office:
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.
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 28°52'34'' north latitude and
081°42'22'' 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.
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
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.
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. 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,
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. §
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.