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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-04-TP-270
Shadavrus Capital Trust, Inc. ) NAL/Acct. No.200532700001
Owner of Antenna Structure )
Registration Number 1027884 in ) FRN 0005803648
Lecanto, Florida )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 7, 2004
By the District Director, Tampa Office, South Central
Region, Enforcement Bureau:
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find that Shadavrus Capital Trust,
Inc. (``Shadavrus''), owner of antenna structure 1027884 in
Lecanto, Florida, apparently willfully and repeatedly
violated Section 17.57 of the Commission's Rules
(``Rules'')1 by failing to notify immediately the Commission
upon a change in ownership information. We conclude,
pursuant to Section 503(b) of the Communications Act of
1934, as amended (``Act''),2 that Shadavrus is apparently
liable for a forfeiture in the amount of three thousand
2. On June 29, 2004, the District Director of the
Commission's Tampa Office of the Enforcement Bureau issued a
Letter of Inquiry (LOI) addressed to Shadavrus regarding the
ownership of antenna structure 1027884. In its response to
the LOI, Shadavrus stated that Heart of Citrus, Inc. was the
original owner of the antenna structure. Shadavrus stated
that ownership of the antenna structure was transferred from
Heart of Citrus, Inc. to it on November 30, 1998 or shortly
thereafter. Shadavrus did not submit an application to
change ownership of the antenna structure from Heart of
Citrus, Inc. to itself until March 10, 2004.
3. Section 17.57 of the Rules requires that the owner
of an antenna structure immediately notify the Commission
upon any change in structure height or change in ownership
information. Shadavrus acquired antenna structure 1027884
from Heart of Citrus, Inc. on or around November 30, 1998.
However, Shadavrus did not notify the Commission of this
change in ownership until March 10, 2004.
4. Based on the evidence before us, we find Shadavrus
willfully3 and repeatedly4 violated Section 17.57 of the
Rules by failing to notify immediately the Commission upon a
change in ownership information for an antenna structure.
5. Pursuant to Section 1.80(b)(4) of the Rules,5 the
base amount for failure to file required forms or
information is $3,000. Section 503(b)(2)(D) of the Act,
requires us to take into account ``...the nature,
circumstances, extent, and gravity of the violation, and
with respect to the violator, the degree of culpability, any
history or prior offenses, ability to pay, and other such
matters as justice may require.''6 Considering the entire
record and applying the factors listed above, we conclude
that Shadavrus is apparently liable for a $3,000 forfeiture.
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED that, pursuant to
Section 503(b) of the Communications Act of 1934, as
amended,7 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules,8 Shadavrus Capital Trust, Inc. is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of three thousand dollars ($3,000) for willful and
repeated violation of Section 17.57 of the Rules by failing
to notify immediately the Commission upon a change in
7. IT IS FURTHER ORDERED that, pursuant to Section
1.80 of the Rules,9 within thirty days of the release date
of this NAL, Shadavrus Capital Trust, Inc., SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the
8. Payment of the forfeiture must be made by check or
similar instrument, payable to the order of the Federal
Communications Commission. The payment must include the
NAL/Acct. No. and FRN No. referenced above. Payment by
check or money order may be mailed to Forfeiture Collection
Section, Finance Branch, Federal Communications Commission,
P.O. Box 73482, Chicago, Illinois 60673-7482. Payment by
overnight mail may be sent to Bank One/LB 73482, 525 West
Monroe, 8th Floor Mailroom, Chicago, IL 60661. Payment by
wire transfer may be made to ABA Number 071000013, receiving
bank Bank One, and account number 1165259. 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.
9. The response if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, Tampa Field
Office, 2203 N. Lois Avenue, Tampa, FL, 33607 within thirty
days of the release date of this NAL, and MUST INCLUDE the
NAL/and FRN referenced in the letterhead above.
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
11. IT IS FURTHER ORDERED that a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Shadavrus Capital Trust, Inc., 3343
Hyde Park Drive, Clearwater, FL 33761 and James A. Koerner,
Counsel for Shadavrus Capital Trust, Inc., 5809 Nicholson
Lane, Suite 124, Bethesda, MD 20952-5706.
Ralph M. Barlow
District Director - Tampa
South Central Region
147 C.F.R. § 17.57.
247 U.S.C. § 503(b).
3Section 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
4Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which
applies equally to Section 503(b) of the Act, provides that
``[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(b)(4).
647 U.S.C. § 503(b)(2)(D).
747 U.S.C. § 503(b).
847 C.F.R. §§ 0.111, 0.311, 1.80.
947 C.F.R. § 1.80
10See 47 C.F.R. § 1.1914.