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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-04-DL-047
Andrews Tower Rental, Inc. ) NAL/Acct. No.200432500006
Owner of Antenna Supporting )
Structure ) FRN 0006-1394-63
1058251 near Brownwood, Texas )
Fort Worth, Texas )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 10, 2004
By the Enforcement Bureau, South Central Region, Dallas
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Andrews Tower Rental, Inc.
(``Andrews Tower''), owner of antenna structure 1058251 near
Brownwood, Texas, apparently liable for a forfeiture in the
amount of ten thousand dollars ($10,000) for the willful and
repeated violation of Section 17.50 of the Commission's
Rules (``Rules'').1 Specifically, we find Andrews Tower
apparently liable for failure to clean and repaint its
antenna structure to maintain good visibility.
2. Antenna structure number 1058251 is located near
Brownwood, Texas. Andrews Tower is the registered owner of
this structure. The structure's Antenna Structure
Registration (``ASR'') specifies that the structure be
3. On February 18, 2004 an agent from the
Commission's Dallas Office inspected Andrews Tower's antenna
structure number 1058251. The agent observed that the paint
bands were faded, dull, and discolored. The paint band
marking had deteriorated over time, such that the bands
could not be distinguished at a distance of one-fourth of a
mile from the structure. The deteriorated condition of the
marking significantly reduced the antenna structure
visibility. The agent made additional observations of the
antenna structure on February 19 and 20, 2004.
4. On February 24, 2004 and March 3, 2004, the agent
interviewed John Andrews, Executive Vice President, of
Andrews Tower. Mr. Andrews stated they planned to repaint
the tower after some restructuring of the tower was
completed. Construction on the tower, however, was not
scheduled to commence until after the spring storm season.
5. Section 17.50 of the Commission's Rules requires
antenna structures requiring painting to be cleaned or
repainted as often as necessary to maintain good visibility.
On February 18, 2004 through February 20, 2004, Andrews
Tower's antenna structure 1058251 near Brownwood, Texas had
severely faded, dull and discolored paint, making the bands
indistinguishable at a distance of one-fourth of a mile from
the structure and resulting in poor visibility of the
structure's obstruction markings.
6. Based on the evidence before us, we find Andrews
Tower willfully2 and repeatedly3 violated Section 17.50 of
the Rules by failing to clean and repaint antenna structure
number 1058251 to maintain good visibility.
7. Pursuant to Section 1.80(b)(4) of the Rules,4 the
base forfeiture amount for failure to comply with prescribed
antenna structure markings is $10,000. 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
Considering the entire record and applying the factors
listed above, this case warrants a $10,000 forfeiture.
IV. ORDERING CLAUSES
8. 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 Andrews Tower Rental, Inc. is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of ten thousand dollars ($10,000) for willful and
repeated violation of Section 17.50 of the Rules by failing
to clean and repaint its antenna structure to maintain good
9. IT IS FURTHER ORDERED that, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Andrews Tower Rental, Inc. SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
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, S.W.,
Washington, D.C. 20554.8
11. The response, if any, must be mailed to Federal
Communications Commission, 9330 LBJ Freeway, Suite 1170,
Dallas, Texas 75243 within thirty days of the release date
of this NAL and MUST INCLUDE THE NAL/Acct. No. referenced
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 Andrews Tower Rental, Inc., 1420 Layton
Ave., Fort Worth, Texas 76117.
James D. Wells
District Director, Dallas
Office, South Central Region,
1 47 C.F.R. § 17.50
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.