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

In the Matter of                )
                                )
American Radio Brokers, Inc.,   )      File Number: EB-04-AN-028
   d/b/a Radio Station KFFR     )
1020
San Francisco, California       )     NAL/Acct. No: 200532780002
                                )                FRN: 0010287019
Registrant of Antenna           )
Structure
ASR # 1019797                   )
Knik, Alaska                    )
                                )

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE
                                     Released: December  10, 2004
By the Resident Agent, Anchorage Resident Agent Office, Western 
Region, Enforcement Bureau:

I.   INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we find that American Radio Brokers, Inc., d/b/a/ 
Radio Station KFFR 1020 (``ARBInc''), San Francisco, California, 
registrant of Antenna Structure Number 1019797, located at Knik, 
Alaska, willfully and repeatedly violated Section 303(q) of the 
Communications Act of 1934, as amended, (``the Act''), and 
Sections 17.48(a) and 17.51(a) of the Commission's Rules (``the 
Rules'').1  Specifically, we find ARBInc apparently liable for 
failing to maintain the lighting requirements for the antenna 
structure, as prescribed by the Commission, and for failing to 
notify an office or flight service station of the FAA regarding 
light outages.  We conclude, pursuant to Section 503(b) the Act,2 
that ARBInc is apparently liable for a forfeiture in the amount 
of thirteen thousand dollars ($13,000.00).
II.  BACKGROUND
     2.   Antenna structure # 1019797 is located off Hazel Avenue 
near Knik, Alaska.  ARBInc is the registered owner of this 
antenna structure.  The antenna structure, designated as tower 
one of a two-tower transmitting array,3 is used by AM broadcast 
station KAXX, Eagle River, Alaska, and is also the supporting 
structure of the antenna for FM broadcast station KADX, Houston, 
Alaska.4  The antenna structure is required to have Obstruction 
Marking and Lighting in accordance with specified chapters of FAA 
Advisory Circular 70/7460-1F.5  Specifically, the structure is 
required to be painted with the appropriate orange and white 
banding and lit with red obstruction lighting including a top 
mounted flashing red beacon.6
     3.   On October 15, 2002, the electric power utility, 
Matanuska Electric Association, Inc. (``MEA''), that serves the 
antenna structure # 1019797, alerted the Alaska Region FAA, Air 
Traffic Division, that the utility would terminate electric 
service to the site on October 16, 2002, due to non-payment of 
utility bills by ARBInc.7  Because this action would make the 
tower go dark and premise equipment non-functional, Air Traffic 
Division personnel requested a Notice to Airmen (``NOTAM'') 
issued, through the FAA's Kenai Flight Service Station (``Kenai 
FSS'') as a preemptive measure concerning the antenna structure. 
8   The Air Traffic Division called and relayed the information 
they had obtained to a field agent of the Commission's Anchorage 
Resident Agent Office.  Later on October 15, 2002, Anchorage 
agents attempted to contact staff at the main studio location for 
radio stations, KAXX and KADX, which broadcast using the antenna 
structure.  Agents located the suites in the building used by the 
radio stations but found that both suites were locked and 
unoccupied.  The main studio telephone number for these stations 
was reported as out of service by the local telephone system.
     4.   The electric power to antenna structure # 1019797 was 
discontinued by MEA on October 16, 2002.  On October 30, 2002, 
with an impending auto-cancellation of the original NOTAM for the 
structure, the FAA's Kenai FSS contacted an Anchorage Office 
agent.  The Anchorage agent revisited the antenna structure site 
on October 31, 2002, and confirmed no lights illuminated on the 
structure.  The Kenai FSS then re-issued the NOTAM on the basis 
that no lighting was illuminated on the antenna structure.  The 
Kenai FSS indicated that they had no record of the structure 
owner contacting them for NOTAM issuance or continuance.
     5.   On December 12, 2002, an Anchorage agent contacted 
Chester Coleman (``Coleman''), of American Radio Brokers, Inc., 
to inquire about the status of the antenna structure lighting.  
Coleman responded that he was working on it.  In response to the 
question regarding the issuance and maintenance of NOTAM's, 
Coleman stated that he did call the Palmer Flight Service Station 
and reported when the  power was taken down.  The Agent requested 
specifics about the contact with the Palmer FSS but Coleman 
indicated that he did not have the information immediately 
available and that he could forward the information later.9
     6.   On December 12, 2002, an Anchorage agent contacted the 
FAA's Air Traffic Division to inquire about the possibility of 
obtaining records of NOTAM's from the Palmer FSS.  The Air 
Traffic Division indicated that the Palmer FSS is not authorized 
to accept or issue NOTAM's and that the Palmer FSS advises all 
callers to contact Kenai FSS with their information.  The FAA Air 
Traffic Division also indicated that none of the NOTAM's issued 
or maintained by the Kenai FSS for antenna structure # 1019797 
were initiated by or on behalf of Coleman, ARBInc or its 
employees.
     7.   On December 16, 2002, FAA Air Traffic Division issued 
an Aeronautical Advisory Study, 2002-AAL-279-OE, DETERMINATION OF 
HAZARD TO AIR NAVIGATION (``FAA Notice''), for the specified 
structure based on the on-going unlighted condition of the 
structure.  This FAA Notice was addressed and sent to Chester P. 
Coleman, American Radio Brokers, Inc., 1255 Post Street, Suite 
1011, San Francisco, CA, 94109.  Coleman was required to respond 
by January 15, 2003.  The FAA received no response from ARBInc, 
Coleman, or their representatives.  Consequently, on January 25, 
2003, the determination contained in the FAA Notice became 
final.10  The FAA Notice warned that the FAA's determination 
concerning the antenna structure did not relieve Coleman or 
ARBinc of ``compliance responsibilities relating to any law, 
ordinance, or regulation of any Federal, State, or local 
government body.''11 
     8.   Between October 31, 2002 and July 23, 2004, agents from 
the Anchorage Office continued to contact MEA and visit the 
antenna structure site.12  Each contact with MEA revealed that 
ARBInc had made no effort to reestablish electric utility service 
to the antenna structure and that the structure remained 
disconnected from the utility's power grid.13  Each visit to the 
site revealed no illumination of the side marker or top beacon 
lighting.  Agents noted no evidence of an alternate source of 
power (generator, wind or solar) at the site.
     9.   On July 23, 2004, an Anchorage Office agent again 
traveled to the antenna structure, inspected the site and found 
no evidence of any change to MEA's utility connection point and 
no indication on the meters that the premise equipment was 
consuming power.  The visit to the site revealed no illumination 
of the side marker or top beacon lighting.  In response to an 
Anchorage agent's inquiry, MEA indicated that MEA has had no 
contact with Coleman, ARBInc or representative and that no 
payments to the overdue account have been made.  MEA advised the 
Anchorage agent that the site remained continuously disconnected 
from the utility's power grid since the disconnect action of 
October 16, 2002.
III.                       DISCUSSION
     10.  Section 503(b) of the Act provides that any person who 
willfully or repeatedly fails to comply substantially with the 
terms and conditions of any license, or willfully or repeatedly 
fails to comply with any of the provisions of the Act or of any 
rule, regulation or order issued by the Commission thereunder, 
shall be liable for a forfeiture penalty.  The term ``willful'' 
as used in Section 503(b) is interpreted to mean simply that the 
acts or omissions are committed knowingly.14  The term 
``repeated'' means the commission or omission of such act more 
than once or for more than one day.15
     11.  Section 303(q) of the Act states that antenna structure 
owners shall maintain the painting and lighting of antenna 
structures as prescribed by the Commission.16  Section 17.51(a) 
of the Rules requires that all red obstruction lighting be 
exhibited from sunset to sunrise unless otherwise specified.17  
On October 16, 2002, the utility supplying electrical power to 
antenna structure #1019797 terminated service to the site, 
leaving the antenna structure dark and premise equipment non-
functional.  With no primary or alternate source of electricity, 
antenna structure #1019797 has not been illuminated with its 
required red obstruction lighting since October 16, 2002 through 
at least July 23, 2004, the date of the last inspection by the 
Anchorage FCC agent.
     12.  Section 17.48(a) of the Rules requires that tower 
registrants notify the FAA Flight Service Station or office of 
any extinguishment or malfunction of any required top mounted 
lighting or flashing light no matter the position on the 
structure. 18  Because of the termination of electrical power on 
October 16, 2002, the lighting on antenna structure #1019797 has 
been extinguished since that date through at least July 23, 2004.  
However, ARBInc, the owner of the antenna structure, has never 
notified an FAA Flight Service Station concerning this outage.  
In addition, ARBInc failed to respond to inquiries from both the 
FAA and the FCC concerning the light outages on the antenna 
structure 
     13.  ARBInc's principle, Chester Coleman, was given notice 
of the extinguishment of the lights by a Commission agent.  
Coleman indicated to the agent that he knew of the outage and had 
notified the FAA of the outage, although no notification was ever 
given.  Therefore, ARBInc's failure to ensure the required 
obstruction lighting on antenna structure # 1019797, and to 
notify the FAA of the extinguishment of the lighting on the 
antenna structure, was willful.19  ARBInc's failure to ensure the 
obstruction lighting, and to notify the FAA, occurred on more 
than one day, therefore, they were repeated.  Based on the 
evidence before us, we find ARBInc willfully and repeatedly 
violated Section 303(q) of the Act and Sections 17.51(a) and 
17.48(a) of the Rules by failing to maintain the required red 
obstruction lighting from sunset to sunrise and by failing to 
notify FAA regarding the on-going light outage on antenna 
structure 1019797 in Knik, Alaska as required.
     14.  Pursuant to The Commission's Forfeiture Policy 
Statement and Amendment of Section 1.80 of the Rules to 
Incorporate the Forfeiture Guidelines, (``Forfeiture Policy 
Statement''), and Section 1.80 of the Rules,20 the base 
forfeiture amount for failure to comply with prescribed lighting 
and/or marking is $10,000.  The base amount for failing to file 
required information is $3000.  We find that failing to notify 
the FAA of an outage constitutes a failure to file required 
information.  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 Act, which include the nature, 
circumstances, extent, and gravity of the violations, 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.21  Appling the Forfeiture Policy Statement, 
Section 1.80, and the statutory factors, a $13,000 forfeiture is 
warranted.
IV.  ORDERING CLAUSES
     15.  Accordingly, IT IS ORDERED, pursuant to Section 503(b) 
of the Communications Act of 1934, as amended, and Sections 
0.111, 0.311 and 1.80 of the Rules,22 American Radio Brokers, 
Inc. d/b/a Radio Station KFFR 1020 is hereby NOTIFIED of this 
APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen 
thousand dollars ($13,000) for willful and repeated violation of 
Section 303(q) of the Act and Sections 17.51(a) and 17.48(a) of 
the Rules by failing to maintain and exhibit red obstruction 
lighting from sunset to sunrise on antenna structure 1019797 in 
Knik, Alaska and making proper notification to the FAA regarding 
the top light outage.
     16.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this NAL, 
American Radio Brokers, Inc., d/b/a Radio Station KFFR 1020, 
SHALL PAY the full amount of the proposed forfeiture or SHALL 
FILE a written statement seeking reduction or cancellation of the 
proposed forfeiture.
     17.  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.
     18.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, Western Region, 
Anchorage Resident Agent Office, P.O. Box 221849, Anchorage, 
Alaska 99522-1849 and must include the NAL/Acct. No. referenced 
in the caption.
     19.  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.
     20.  Requests for payment of the full amount of this Notice 
of Apparent Liability for Forfeiture under an installment plan 
should be sent to: Chief, Revenue and Receivables Operations 
Group, 445 12th Street, S.W., Washington, D.C. 20554.23
     21.  IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt Requested 
to: American Radio Brokers, Inc., d/b/a Radio Station KFFR 1020, 
1255 Post Street, Suite 625, San Francisco, CA 94109; Chester P. 
Coleman, C/O Amer. Radio Brokers, Inc., 1255 Post Street, Suite 
1011, San Francisco, CA 94109; Chester P. Coleman, 1255 Post 
Street, Suite 1023, San Francisco, CA 94109.


                         FEDERAL COMMUNICATIONS COMMISSION



                         David J. Charlton
                         Resident Agent
                         Anchorage Resident Agent Office
                         Western Region
                         Enforcement Bureau


_________________________

147 U.S.C.  303(q), 47 C.F.R.  17.48(a) & 17.51(a).

247 U.S.C.  503(b).

3The second tower of this array is below 200 feet, passes slope 
requirements and therefore is not required to be a registered 
structure.

4According to Commission records, Chester P. Coleman is the 
licensee of both KAXX and KADX.
5Pursuant to Section 17.23 of the Commission' s Rules, 47 C.F.R. 
 17.23, antenna structures to be registered must conform with 
the Federal Aviation Administration's (``FAA's'') painting and 
light recommendation as set forth on the FAA Notice to the owner 
of the structure.  The Notice contains the FAA's determination of 
``no hazard,'' as referenced in FAA Advisory Circulars: AC 
70/7460-1J, ``Obstruction Marking and Lighting,'' effective 
January 1, 1996, and AC 150/5345-43E, ``Specification for 
Obstruction Lighting Equipment,'' dated October 19, 1995.  These 
circulars are incorporated by reference in Section 17.23 of the 
Rules and ``contain FAA recommendations for painting and lighting 
structures which pose a potential hazard to air navigation.  For 
purposes of this part, the specifications, standards, and general 
requirements stated in these documents are mandatory.'' 47 C.F.R. 
 17.23.

6FAA Advisory Circular 70/7460-1F, Chapters Three, Four and Five.  

7MEA refers to this site as the ``KABN radio site.''

8A ``NOTAM'' advises pilots of an antenna structure at a specific 
location with a temporary light malfunction.
9The Anchorage Office has not yet received the requested 
information from Coleman.
10On October 8, 2003 and December 10, 2003, an Anchorage office 
agent made contact with the FAA Air Traffic Division to verify 
that the FAA NOTAM was still in effect.  Air Traffic personnel 
advised that the FAA NOTAM was still in effect and that no 
contact with ARBInc or Coleman had been advanced or received.  
11FAA Notice at 1.

12Anchorage Office agents visited the antenna structure on 
October 16, 2002, October 31, 2002, December 12, 2002, December 
16, 2002, January 9, 2003, October 8, 2003, December 18, 2003, 
and July 23, 2004.  On December 12, 2002, an agent found that MEA 
had ``Red Tagged'' and locked both power utility meter 
bases/panels.  Neither of the utility meters were turning, 
indicating no power consumption from the premise equipment.  On 
the December 18, 2003 visit, an agent noted that MEA had removed 
one of the two meters and placed a tamper-proof locking ring 
around the remaining meter with a new ``Red Tag.''  The remaining 
meter showed no power consumption from the premise equipment.  
These conditions were still in existence at the agents' visit on 
July 23, 2004.  The agents noted no evidence of an alternate 
source of power (generator, wind or solar) at the site during any 
of their visits.

13Anchorage Office agents contacted MEA on October 31, 2002, 
December 10, 2003 and July 22, 2004.
14Section 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 (1991).

15Section 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 `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.''

1647 U.S.C.  303(q).

1747 C.F.R.  17.51(a).

1847 C.F.R.  17.48(a).
19
The FAA Notice specifically warned ARBInc and Coleman that the 
FAA determination that the antenna structure was a hazard to air 
navigation did not relieve them of their compliance 
responsibilities relating to any Federal, State or local law.

2012 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R.  1.80.

2147 U.S.C.  503(b)(2)(D).

2247 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, 1.80.
23See 47 C.F.R.  1.1914