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

                                 )
                                 )
In the Matter of                 )       File Number: EB-04-DT-334
                                 )
T. A. Forsberg, Inc.             )      NAL/Acct. No: 200532360002
                                 )
Okemos, MI                       )                FRN 0002 7706 59


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  March 17, 
                                                             2005

By the District Director, Detroit Office, Northeast Region, 
Enforcement Bureau:

I.   INTRODUCTION

      1.  In this  Notice of  Apparent Liability  for  Forfeiture 
 ("NAL"), we  find that  T.A. Forsberg,  Inc. (``Forsberg'')  has 
 apparently willfully and repeatedly violated Section 17.4(a)  of 
 the Commission's Rules  (``the Rules'').1  This noted  violation 
 involves Forsberg's failure  to register its antenna  structure.  
 We  conclude, pursuant  to  Section  503(b) of  the  Act,2  that 
 Forsberg is apparently liable for a forfeiture in the amount  of 
 six thousand dollars ($6,000).

II.  BACKGROUND

      2.  On April  23,  2004,  agents from  the  Detroit  Office 
 conducted an inspection of a 303 foot antenna structure  located 
 at 2360 Jolly  Oak Road, Okemos,  Michigan, at the  geographical 
 coordinates of  42 41' 08''  north latitude and  084 26'  14'' 
 west  longitude.   The  agents  observed  no  Antenna  Structure 
 Registration  (ASR) number  posted  at  the  site.   During  the 
 inspection, the agents were  approached by Mr. Dennis  Forsberg, 
 who identified  himself as  President of  T. A.  Forsberg,  Inc.  
 Mr. Forsberg stated that his company owns the tower and that  he 
 believed the  tower was  registered with  the Commission.   When 
 the agents  accompanied Mr.  Forsberg to  the Forsberg  business 
 office, Mr. Forsberg was not  able to produce any evidence  that 
 the antenna structure was registered with the Commission.  

      3.  Commission  agents   searched  the   Commission's   ASR 
 Database  and  found  no  evidence  that  Forsberg's  tower   is 
 registered.  The agents  also identified a  Notice of  Violation 
 that had been issued to  Forsberg on April 29, 1999 for  failure 
 to register  the same  antenna structure.3   Commission  records 
 also  showed that,  subsequent  to  the  issuance  of  the  NOV, 
 Forsberg filed  an application to  register the  tower, but  the 
 application was dismissed and returned to Forsberg.  The  agents 
 were  not  able  to  determine  why  the  application  had  been 
 dismissed.

      4.  On June 30, 2004, the  Detroit Office sent a Letter  of 
 Inquiry  (``LOI'')   to   Forsberg,  requesting,   inter   alia,  
 information  regarding  the  tower  registration.   The  Detroit 
 Office received a response from Mr. Dennis Forsberg on July  12, 
 2004.  Mr. Forsberg  stated ``...our antenna  structure has  not 
 yet been registered with the FCC.  We do not have a current  FAA 
 study, which  is required  for the  FCC registration.   To  have 
 this study  done,  we are  soliciting  bids to  have  the  tower 
 brought  into FAA  and  FCC  compliance, and  complete  all  the 
 registration paperwork required.''

      5.  On July 20, 2004, the Detroit Office sent a second  LOI 
 to Forsberg seeking  information about, inter  alia, the  status 
 of the tower  registration.  Mr. Forsberg  submitted a  response 
 to the LOI stating that ``...our antenna structure has not  been 
 registered with  the FCC.  We  have contacted B&L  Tower ...  to 
 bring the tower into compliance with FCC standards.''  

      6.  On December 27, 2004,  Mr. Forsberg submitted a  letter 
 stating that ``[w]e. . . received our FAA Aeronautical Study  on 
 December  22, 2004,  Study  Number  2004-AGL-7303-OE.   We  have 
 completed and submitted our  FCC new antenna registration  form, 
 and have been granted  an FCC Registration Number 1246625.''  On 
 January 20, 2005, a Commission  agent conducted a search of  the 
 ASR database and determined  that the tower was registered  with 
 the FCC on December 27, 2004.   

III.      DISCUSSION

      7.  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) of  the Act has  been interpreted  to 
 mean  simply   that  the   acts  or   omissions  are   committed 
 knowingly.4   The term  ``repeated''  means  the  commission  or 
 omission of such act more than once or for more than one day.5 

      8.  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.''6  Section 17.4(a)(2) of the Rules requires  owners 
 of existing antenna  structures that were  assigned painting  or 
 lighting requirements  before July  1, 1996,  to register  those 
 antenna structures  with the Commission  no later  than July  1, 
 1998.7   Forsberg's antenna structure was assigned painting  and 
 lighting requirements by  the FAA in  1988, so registration  was 
 required by  July 1, 1998.  Although Forsberg was issued an  NOV 
 on  April  29,  1999   for  failure  to  register  its   antenna 
 structure, the structure was not registered with the  Commission 
 until  December 27,  2004.   We  therefore  find  that  Forsberg 
 apparently  willfully  and  repeatedly  violated  the  Rules  by 
 failing  to register  its  antenna  structure,  as  required  by 
 Section 17.4(a) of the Rules.

      9.  In The  Commission's  Forfeiture Policy  Statement  and 
 Amendment  of Section  1.80  of  the Rules  to  Incorporate  the 
 Forfeiture  Guidelines  ("Forfeiture  Policy  Statement"),8  and 
 Section 1.80  of  the Rules,9  the  base forfeiture  amount  for 
 failure to file  required forms or information  is set at  three 
 thousand dollars ($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 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  

      10.      We are troubled  by Forsberg's apparent  disregard 
 for   the    Commission's   antenna    structure    registration 
 requirements.  Forsberg  has been  aware since  the issuance  of 
 the NOV  in 1999  that its  tower must  be registered  with  the 
 Commission.  It nevertheless  did not register  its tower  until 
 December  27, 2004,  more  than  five years  after  the  Detroit 
 Office  issued  the  NOV  and  only  after  being  contacted  by 
 Commission agents.   Forsberg's  apparent willful  and  repeated 
 disregard for  the Commission's rules  is egregious.  Therefore, 
 based on the  criteria in Section 503(b)(2)(D)  of the Act,  and 
 the  upward  adjustment   criteria  in  the  Forfeiture   Policy 
 Statement,  we find  that  an  upward  adjustment  of  the  base 
 forfeiture  amount   to  six   thousand  dollars   ($6,000)   is 
 warranted.
  
IV.  ORDERING CLAUSES

      11.      Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
 Sections 4(i),  4(j), and 503(b)  of the  Communications Act  of 
 1934, as  amended, and  Sections 0.111,  0.311 and  1.80 of  the 
 Commission's  Rules,11  Forsberg  is  hereby  NOTIFIED  of  this 
 APPARENT  LIABILITY FOR  A  FORFEITURE  in  the  amount  of  six 
 thousand dollars ($6,000) for willful and repeated violation  of 
 Section 17.4(a) of the Rules.

      12.      IT IS FURTHER  ORDERED that,  pursuant to  Section 
 1.80 of the Commission's Rules,  within thirty (30) days of  the 
 release  date  of   this  Notice  of   Apparent  Liability   for 
 Forfeiture, Forsberg SHALL PAY  the full amount of the  proposed 
 forfeiture or SHALL FILE  a written statement seeking  reduction 
 or cancellation of the proposed forfeiture.

      13.      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.

      14.      The response, if  any, must be  mailed to  Federal 
 Communications   Commission,   Enforcement   Bureau,   Northeast 
 Region,  Detroit  Office,  24897  Hathaway  Street,   Farmington 
 Hills, MI 48335, within thirty  (30) days from the release  date 
 of this  Notice of Apparent  Liability for  Forfeiture and  must 
 include the NAL/Acct. No. referenced in the caption.  

      15.      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.  

      16.      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

      17.      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  T.A. 
 Forsberg, Inc.'s address of record.

                              FEDERAL COMMUNICATIONS COMMISSION




                              James A. Bridgewater
                              District Director 
                              Detroit Office
                              Northeast Region
                              Enforcement Bureau


_________________________

147 C.F.R.  17.4(a).
247 U.S.C.  503(b).  
3 See Notice of Violation, April 19, 1999.
4Section 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).
5Section 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.'' 
647 C.F.R.  17.4(a).
747 C.F.R.  17.4(a)(2).
812 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

947 C.F.R.  1.80.
1047 U.S.C.  503(b)(2)(D).
1147 U.S.C.   4(i), 4(j),  503(b); 47 C.F.R.   0.111,  0.311, 
1.80.
1247 C.F.R.  1.1914.