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

In the Matter of                 )
                                 )
Gary M. Schikora and George      )       File Number: EB-04-AN-020
Horner Trust                     )
                                 )      NAL/Acct. No. 200532780004
Owner of Antenna Structure       )                  FRN 0011766979
#1005017                         )
Fairbanks, Alaska
ASR #1005017



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                              Released:  December 
                                                         13, 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 Gary M. Schikora (``Schikora'') and the 
George Horner Trust ("Horner Trust"), owners of antenna structure 
#1005017, in Fairbanks, Alaska, apparently willfully and 
repeatedly violated Section 17.57 of the Commission's Rules 
("Rules")1 by failing to immediately notify the Commission of a 
change in ownership of an antenna structure.  We conclude, 
pursuant to Section 503(b) of the Communications Act of 1934, as 
amended ("Act"),2 that Schikora and the Horner Trust are 
apparently liable for a forfeiture in the amount of  three 
thousand dollars ($3,000).

II.  BACKGROUND

     2.   On May 20, 2003, agents from the Anchorage Resident 
Agent Office inspected antenna structure #1005017, located at 
1648 College Road, adjacent to the fairgrounds in Fairbanks, 
Alaska. The Antenna Structure Registration (``ASR'') indicated 
Donald G. Creamer, Sr. (``Creamer''), was the registered owner of 
the antenna structure.  The agents located ASR #1005017 posted at 
the site.  At the time of inspection, Commission records 
indicated that antenna structure #1005017 was to have painting 
and lighting in accordance with FCC Paragraphs 1, 3, 12, and 21. 
The agents observed that the paint on the antenna structure was 
faded and chipped, potentially reducing visibility of the 
structure.

     3.   On February 10, 2004, an agent from the Anchorage 
Resident Agent Office issued a Letter of Inquiry (``LOI'') to 
Creamer.  The LOI requested Creamer to respond to questions 
concerning the paint on antenna structure #1005017.  The 
Anchorage Office did not receive the requested response. 

     4.   On April 5, 2004, an agent from the Anchorage Resident 
Agent Office reissued the LOI to Creamer.  On April 20, 2004, the 
Anchorage Resident Agent Office received a Response to the LOI 
issued to Creamer which stated that Gary M. Schikora and the 
George Horner Trust were the current owners of antenna structure 
#1005017.3   According to the Response, the settlement date for 
the transaction occurred on December 15, 2003.

6.        On July 20, 2004, an Anchorage agent issued a LOI to 
          Schikora and the Horner Trust, requesting information 
          concerning the ownership and painting status of antenna 
          structure #1005017.  The July 20, 2004, LOI 
          specifically noted that the owner of an antenna 
          structure must immediately notify the Commission using 
          FCC Form 854 of any change in ownership information.  
          On July 26, 2004, Schikora called the agent to discuss 
          the LOI.  The agent explained to Schikora that he 
          needed to submit a written response to the LOI.  The 
          agent also advised Schikora of the requirement that he 
          immediately change the antenna structure ownership 
          information on the ASR.  On August 9, 2004, the 
          Anchorage Resident Agent Office received a response to 
          the LOI issued to Schikora and the Horner Trust.4  The 
          response stated that Schikora and the Horner Trust did 
          own antenna structure #1005017, that the antenna 
          structure was currently being repainted, and that a 
          Statutory Warranty Deed had been recorded locally in 
          the Fairbanks, Alaska Recording District.  The response 
          failed to indicate, however, what steps Schikora and 
          the Horner Trust were taking to ensure that the FCC ASR 
          for antenna structure #1005017 reflected Schikora and 
          the Horner Trust as the current owners.

7.        As of November 29, 2004, review of the Commission's ASR 
          database continued to reflect Donald G. Creamer, Sr. as 
          the antenna structure registrant for antenna structure 
          #1005017.

III.      DISCUSSION

8.        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) has been interpreted to mean 
          simply that the acts or omissions are committed 
          knowingly.5  The term ``repeated'' means the commission 
          or omission of such act more than once or for more than 
          one day.6 

9.        Section 17.57 of the Rules requires the owner of an 
          antenna structure to immediately notify the Commission, 
          using FCC Form 854, upon any change in structure height 
          or change in ownership information.7  We require 
          antenna structure owners to maintain current antenna 
          structure registration information with the Commission 
          and post ASR numbers at the base of antenna structures 
          to allow for easy contact if problems arise.8  Schikora 
          and the Horner Trust are the owners of antenna 
          structure #1005017, located in Fairbanks, Alaska.  An 
          agent from the Anchorage Resident Agent Office advised 
          Schikora and the Horner Trust on July 20, 2004, of the 
          requirement to submit to the Commission information for 
          ASR #1005017 to reflect the new ownership of the 
          antenna structure.  Review of the Commission's ASR 
          records reveals that, as of November 29, 2004, the ASR 
          for antenna structure #1005017 continues to indicate 
          that Donald G. Creamer, Sr. is the current owner of the 
          antenna structure.

10.       Schikora and the Horner Trust received notice that they 
          were required to change the ownership information filed 
          with the Commission concerning antenna structure 
          #1005017.  Schikora and the Horner Trust failed to 
          change this information, therefore, their violation of 
          Section 17.57 is willful.  The violation occurred on 
          more than one day, therefore, it is repeated.  Based on 
          the evidence before us, we find that Schikora and the 
          Horner Trust willfully and repeatedly violated Section 
          17.57 of the Rules by failing to immediately notify the 
          Commission of a change in ownership information for 
          antenna structure #1005017.

11.       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, the 
          base forfeiture amount for failure to file required 
          forms or information with the Commission is $3,000.9  
          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, and history of prior offenses, 
          ability to pay, and other such matters as justice may 
          require.10  Applying the Forfeiture Policy Statement, 
          Section 1.80, and the statutory factors, a $3,000 
          forfeiture is warranted.
  
IV.  ORDERING CLAUSES

14.       Accordingly, IT IS ORDERED that, pursuant to Section 
  503(b) of the Communications Act of 1934, as amended, and 
  Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Gary 
  M. Schikora and the George Horner Trust are hereby NOTIFIED of 
  this APPARENT LIABILITY FOR A FORFEITURE in the amount of 
  three thousand dollars ($3,000) for violations of Section 
  17.57 of the Rules.11

15.       IT IS FURTHER ORDERED that, pursuant to Section 1.80 of 
  the Commission's Rules within thirty days of the release date 
  of this Notice of Apparent Liability for Forfeiture, Gary M. 
  Schikora and the George Horner Trust SHALL PAY the full amount 
  of the proposed forfeiture or SHALL FILE a written statement 
  seeking reduction or cancellation of the proposed forfeiture.

16.       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.

17.       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.  

18.       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.  

19.       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. 20554.12

20.       IT IS FURTHER ORDERED that a copy of this Notice of 
  Apparent Liability for Forfeiture shall be sent by Certified 
  Mail, Return Receipt Requested, and regular mail, to Gary M. 
  Schikora and George Horner Trust, P.O. Box 75458, Fairbanks, 
  Alaska 99707. 


                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              Marlene Windel
                              Resident Agent 
                              Anchorage Resident Agent Office
                              Western Region
                              Enforcement Bureau


_________________________

147 C.F.R.  17.57.
247 U.S.C.  503(b).  
3See Letter of Donald G.  Creamer, Jr. to the Anchorage  Resident 
Agent Office (April 13, 2004) (``Response''). 
4See Letter of Gary M.  Schikora to the Anchorage Resident  Agent 
Office (August 4, 2004). 
5Section 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 or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
6Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which also 
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.'' 
747 C.F.R.  17.57.
8See, e.g., American Tower Corporation, 16 FCC Rcd 1282 (2001) ) 
(Notice of Apparent Liability); American Tower Corporation, 16 
FCC Rcd 14937 (2001) (Consent Decree between the Commission and 
American Tower Corporation ).
.
912 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
1047 U.S.C.  503(b)(2)(D).
1147 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 1.80, 17.57.
12 See 47 C.F.R.  1.1914.