Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************





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


In the Matter of                   )      File Number EB-05-TP-053
                                                             )
Mega Communications of St.         )     NAL/Acct. No.200532700006
Petersburg Licensee                )
L.L.C.                             )                FRN 0003782802
Owner of Antenna Structures        )
1040052, 1040053, and 1040054      )
Silver Springs, MD 
         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                    Released: April 11, 2005

By  the  District  Director,  Tampa  Office,  South  Central 
Region, Enforcement Bureau:

I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find Mega Communications of St. 
Petersburg Licensee, L.L.C. (``Mega Communications''), owner 
of antenna structures #1040052, 1040053, and 1040054 in 
Largo, Florida, apparently liable for a forfeiture in the 
amount of ten thousand dollars ($10,000) for willful 
violation of Section 17.21 of the Commission's Rules 
(``Rules'').1  Specifically, we find Mega Communications 
apparently liable for failing to comply with prescribed 
antenna structure painting and lighting specifications.

II.  BACKGROUND

     2.   On January 18, 2005, in response to a public 
safety inquiry, an agent from the Commission's Tampa Field 
Office of the Enforcement Bureau (``Tampa Office'') 
contacted Mega Communications, the registered owner of 
Antenna Structures #1040052, 1040053, and 1040054, located 
in Largo, Florida.  The structures' Antenna Structure 
Registration (``ASR'') specifies that all three of these 
structures should be painted and lighted in accordance with 
Federal Aviation Administration (``FAA'') study 1997-ASO-
4838-OE.  When asked about the structures, Mega 
Communications stated that it believed the structures did 
not require lights and admitted that the structures had 
never been painted or lit.  Mega Communications, however, 
did notify the FAA of the structures' lighting outages after 
speaking to the agent. 

     3.   On January 25, 2005, in response to another public 
safety inquiry, agents from the Tampa Office inspected 
Antenna Structures #1040052, 1040053, and 1040054.  The 
antenna structures were not painted or lit.  A valid Notice 
to Airmen had been issued for the structures.    

III.  DISCUSSION

     4.   Section 17.21 states that antenna structures shall 
be painted and lighted when they exceed 60.96 meters (200 
feet) in height above the ground or they require special 
aeronautical study.2  Although less than 200 feet in height, 
the FAA determined through an aeronautical study conducted 
in 1997 that Antenna Structures #1040052, 1040053, and 
1040054 should be painted and lit.  On January 18, 2005, 
Mega Communications admitted that Antenna Structures 
#1040052, 1040053, and 1040054 had never been painted or 
lit.  On January 25, 2005, agents confirmed that the antenna 
structures were not painted or lit.

     5.   Based on the evidence before us, we find Mega 
Communications willfully3 violated Section 17.21 of the 
Rules by failing to comply with antenna structure painting 
and lighting specifications.

     6.   Pursuant to Section 1.80(b)(4) of the Rules,4 the 
base forfeiture amount for failure to comply with the 
prescribed painting and lighting specifications 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

     7.   Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Communications Act of 1934, as 
amended,6 and Sections 0.111, 0.311 and 1.80 of the 
Commission's Rules,7 Mega Communications of St. Petersburg 
Licensee, L.L.C. is hereby NOTIFIED of this APPARENT 
LIABILITY FOR A FORFEITURE in the amount of ten thousand 
dollars ($10,000) for willful violation of Section 17.21 of 
the Rules by failing to comply with the painting and 
lighting requirements for three antenna structures.

     8.   IT IS FURTHER ORDERED that, pursuant to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Mega Communications of St. Petersburg Licensee, 
L.L.C. SHALL PAY the full amount of the proposed forfeiture 
or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

     9.   Payment of the forfeiture must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  Payment by check or money order 
may be mailed to Forfeiture Collection Section, Finance 
Branch, Federal Communications Commission, P.O. Box 73482, 
Chicago, IL 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.  The payment should note 
NAL/Acct. No.200532700006, and FRN 0003782802.  Requests for 
payment of the full amount of this NAL under an installment 
plan should be sent to: Chief, Revenue and Receivable 
Operations Group, 445 12th Street, S.W., Washington, D.C. 
20554.8

     10.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, South Central 
Region, 2203 North Lois Avenue, Tampa, Florida 33607 within 
thirty days of the release date of this NAL and MUST INCLUDE 
THE NAL/Acct. No. referenced above.  

     11.  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.  

     12.   IT IS FURTHER ORDERED that a copy of this NAL 
shall be sent by regular mail and Certified Mail Return 
Receipt Requested to Mega Communication at its record of 
address.   


                              FEDERAL         COMMUNICATIONS 
COMMISSION



                              Ralph M. Barlow
                              Tampa Office
                              South Central Region
                              Enforcement Bureau
_________________________

147 C.F.R.  17.21
2Id.
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 
(1991).
447 C.F.R.  1.80(b)(4).
547 U.S.C.  503(b)(2)(D).
647 U.S.C.  503(b).
747 C.F.R.  0.111, 0.311, 1.80.
8See 47 C.F.R.  1.1914.