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

In the Matter of                 )
                                 )
Trap Rock Industries, Inc.       )           File Number EB-05-NY-
                                 ) 072
Owner of Antenna Structure       )
ASR # 1209546                    )           NAL/Acct. No. 
Kingston, New Jersey             ) 200632380001

                                             FRN 0003 3092 83


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                      Released: November 21, 2005

By the District Director, New York Office, Northeast Region, 
Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that Trap Rock Industries, Inc. ("Trap 
 Rock''), owner of antenna structure 1209546, located in 
 Franklin Township, New Jersey, apparently willfully and 
 repeatedly violated Section 17.50 of the Commission's Rules 
 ("Rules")1 by failing to clean and repaint its antenna 
 structure as often as necessary to maintain good visibility.  
 In addition, we admonish Trap Rock for failing to post the 
 antenna structure registration number at the base of the tower.  
 We conclude, pursuant to Section 503(b) of the Communications 
 Act of 1934, as amended ("Act"),2 that Trap Rock is apparently 
 liable for a forfeiture in the amount of ten thousand dollars 
 ($10,000).

II.  BACKGROUND

      2.  On March 16, 2005, an agent in the Commission's New 
 York Office conducted an inspection of antenna structure 
 1209546 with a Trap Rock employee.  During the inspection, the 
 agent observed that the Antenna Structure Registration (ASR) 
 number was not posted.  The agent further observed that the 
 white paint on the tower was badly faded, revealing significant 
 amounts of an underlying layer of orange paint.  The faded 
 white paint on the uppermost white band revealed so much orange 
 paint that the white band was indistinguishable from the 
 adjacent orange bands.  The Antenna Structure Registration 
 (ASR) for this tower requires that the tower be painted and 
 lighted in accordance with FAA Chapters 3, 4, 5 and 13 in FAA 
 Circular Number 70/7460-1J.  Chapter 3 provides that antenna 
 structures shall display alternate bands of aviation orange and 
 white paint, that the bands be equal in width, and 
 approximately one-seventh the height of the structure for 
 towers 700 feet or less.

      3.  During the March 16, 2005 inspection, the Trap Rock 
 employee stated to the agent that the tower is visually 
 inspected by Trap Rock's chief maintenance technician.  The 
 agent informed the Trap Rock employee of the painting and 
 posting violations and advised him that the tower must be 
 repainted as soon as possible to conform to the required 
 specifications and that the ASR number must be posted.

      4.  On May 3, 2005, the agent conducted a follow-up 
 inspection of Trap Rock's antenna structure 1209546 with Trap 
 Rock's chief maintenance technician and observed that the 
 condition of the tower paint was the same as it was during the 
 March 16, 2005 inspection. In addition, the ASR number still 
 was not posted.  The chief maintenance technician stated that 
 he visually observes the tower twice a week, and was aware of 
 the appearance of the paint on the tower.  The agent informed 
 the technician of the painting and posting violations, and 
 advised him that they must be corrected as soon as possible.

      5.  On May 4, 2005, the agent contacted Trap Rock's 
 administrative offices by telephone, and spoke to Trap Rock's 
 corporate secretary.  The agent informed the corporate 
 secretary of the painting and posting violations on the tower, 
 and directed him to correct the problems as soon as possible.  
 The corporate secretary stated that Trap Rock had arranged for 
 the tower to be painted and for the signs to be made and 
 posted.

III.      DISCUSSION

      6.  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.3  The term 
 ``repeated'' means the commission or omission of such act more 
 than once or for more than one day.4 

      7.  Section 17.50 of the Commission's Rules states that 
 antenna structures requiring painting shall be cleaned or 
 repainted as often as necessary to maintain good visibility.  
 As described above, the registration for antenna structure 
 1209546 specifically requires that the tower be painted with 
 alternate bands of aviation orange and white paint and that the 
 bands be equal in width and approximately one-seventh the 
 height of the structure for towers 700 feet or less.

      8.   On March 16, 2005, a Commission agent conducted an 
 inspection of Trap Rock's antenna structure with a Trap Rock 
 employee.  The agent observed that the white paint on the tower 
 was so badly faded that the white band was indistinguishable 
 from the adjacent orange band, thus diminishing the overall 
 visibility of the tower.  Although the agent advised the Trap 
 Rock employee that the tower must be repainted as soon as 
 possible to cure the poor visibility, the tower still had not 
 been repainted when the agent conducted a follow-up inspection 
 on May 3, 2005.  During the follow-up inspection, Trap Rock's 
 chief maintenance technician stated that he visually inspects 
 the tower twice a week and that he was aware of the appearance 
 of the paint on the tower.

      9.  Section 17.4(g) of the Commission's Rules provides that 
 the antenna structure registration number must be displayed in 
 a conspicuous place so that it is readily visible near the base 
 of the tower.  At the time of the inspection, the agent 
 observed that there was no antenna structure registration 
 number at the base of the tower.

      10.      Based on the evidence before us, we find that Trap 
 Rock apparently willfully and repeatedly violated Section 17.50 
 of the Rules by failing to clean and repaint its antenna 
 structure as often as necessary to maintain good visibility.  
 We also admonish Trap Rock for failing to post an antenna 
 structure registration number at the base of its tower in 
 violation of Section 17.4(g).

      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 failing to comply with prescribed antenna structure 
 marking is $10,000.5  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.6  Applying the Forfeiture 
 Policy Statement, Section 1.80, and the statutory factors to 
 the instant case, we conclude that Trap Rock is apparently 
 liable for a ($10,000) forfeiture.

IV.  ORDERING CLAUSES

      12.      Accordingly, IT IS ORDERED that, pursuant to 
 Section 503(b) of the Communications Act of 1934, as amended, 
 and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's 
 Rules, Trap Rock Industries, Inc. is hereby NOTIFIED of this 
 APPARENT LIABILITY FOR A FORFEITURE in the amount of ten 
 thousand dollars ($10,000) for violation of Section 17.50 of 
 the Rules.7

      13.      IT IS FURTHER ORDERED that Trap Rock is hereby 
 ADMONISHED for its violation of Section 17.4(g) of the 
 Commission's Rules.

      14.      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, Trap Rock Industries, Inc. SHALL PAY the full 
 amount of the proposed forfeiture or SHALL FILE a written 
 statement seeking reduction or cancellation of the proposed 
 forfeiture.

      15.      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 Federal Communications 
 Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.  
 Payment by overnight mail may be sent to Mellon Bank /LB 
 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251.  
 Payment by wire transfer may be made to ABA Number 043000261, 
 receiving bank Mellon Bank, and account number 911-6106.

      16.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, Northeast 
 Region, New York Office, 201 Varick Street, New York, NY 10014, 
 and must include the NAL/Acct. No. referenced in the caption.

      17.      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.

      18.      Requests for payment of the full amount of this 
 Notice of Apparent Liability for Forfeiture under an 
 installment plan should be sent to: Associate Managing 
 Director, Financial Operations, 445 12th Street, S.W., Room 
 1A625, Washington, D.C. 20554.8

      19.      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 Trap Rock 
 Industries, Inc. at its address of record.





                              FEDERAL COMMUNICATIONS COMMISSION




                              Daniel W. Noel
                              District Director
                              New York Office
                              Northeast Region
                              Enforcement Bureau


_________________________

147 C.F.R.  17.50.
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 or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
4Section 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.'' 
512 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
647 U.S.C.  503(b)(2)(D).
747 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 0.314, 1.80, 
17.50.
8See 47 C.F.R.  1.1914.