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

In the Matter of                 )
                                 )
Communications Relay Corporation )        File Number EB-04-LA-281
                                 )
Antenna Structure Registrant     )      NAL/Acct. No. 200632900007
ASR #1019247                     )                  FRN 0014046999
Claremont, California            )



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                                Released: January 
                                                         19, 2006  

By the District Director, Los Angeles Office, Western Region, 
Enforcement Bureau:

I.   INTRODUCTION

       1. In this Notice of Apparent Liability for Forfeiture 
("NAL"), we find that Communications Relay Corporation (``CRC''), 
willfully and repeatedly violated Section 303(q) of the 
Communications Act of 1934, as amended, (``the Act''), 1 and 
Sections 17.23, 17.47, 17.48, 17.49, and 17.57 of the 
Commission's Rules ("Rules")2 by failing to comply with the 
antenna structure registration (``ASR'') lighting, monitoring, 
record keeping, and notification requirements specified for 
antenna structure #1019247.  We conclude, pursuant to Section 
503(b) of the Act,3 that CRC is apparently liable for a 
forfeiture in the amount of thirteen thousand dollars ($13,000).  

II.  BACKGROUND

     2.   According to the Commission's ASR database, antenna 
structure #1019247 is required to have painting and lighting in 
accordance with Chapters 3, 4, 5 and 13 of FAA Circular 70/7460-
1J.  Specifically, the structure is required to be painted and 
have obstruction lighting consisting of at least one flashing red 
beacon on top and two steady-burning sidelights on opposite sides 
at the midpoint.4  On December 2, 2004, agents from the 
Enforcement Bureau's Los Angeles Office observed that no lights 
were functioning on antenna structure #1019247.  A review of 
Commission records showed KSCI, Inc. as the registrant of antenna 
structure #1019247.  On December 3, 2004, the Los Angeles Office 
notified the Federal Aviation Administration's (``FAA's'') 
Hawthorne Automated Flight Service Station (``FSS'') of the light 
outage.  On January 25, 2005, a Los Angeles agent conducted a 
follow-up inspection of the structure and confirmed that no 
lights were functioning on the structure.  


       3. On January 26, 2005, a Los Angeles agent contacted 
KSCI, Inc., and was advised that the structure had been sold to 
CRC in September, 2004.  The agent contacted a CRC service 
representative and advised him that the lights were not 
functioning on antenna structure #1019247.  Later on January 26, 
2005, James Kay (``Kay''), the president of CRC, advised the 
agent that CRC would make any repairs that would be required.  

       4. On January 27, 2005, Kay informed the Los Angeles 
Office that a relay had burned out on the lighting system on 
antenna structure #1019247 but that the lighting system was now 
operational. Subsequent to Kay's report that the lights were 
operational, however, the Los Angeles Office received a report 
that no tower lights were visible on the structure.  

     5.On February 10, 2005, a Los Angeles agent again contacted 
CRC and relayed the reports that the lights on antenna structure 
#1019247 were not operational and reminded CRC that lighting was 
required on the structure.  Kay and the CRC service 
representative responded that CRC was purchasing all new lights 
to install on the structure.5  On February 17, 2005, a Los 
Angeles agent spoke to the CRC service representative who 
reported that the tower light's electrical problem had been 
repaired, but that an alarm system for reporting light failures 
was not yet installed.  The representative also told the agent 
that he was responsible for daily observations of the tower 
lights.  On February 25, 2005, a Los Angeles agent made an 
observation of antenna structure #1019247 and found that the 
lighting on the structure was operational.

     6.On May 3, 2005, a Los Angeles agent reviewed the 
Commission's ASR database and found it continued to show that 
antenna structure #1019247 was registered to KSCI, Inc.  On 
August 25, 2005, the Los Angeles Office sent a Letter of Inquiry 
(``LOI'') to CRC, which requested confirmation of CRC's continued 
ownership of antenna structure #1019247.  The LOI also requested 
information concerning whether CRC was aware of the requirements 
of Sections 17.47, 17.48, 17.49 and 17.57 of the Rules; when CRC 
became aware of these requirements; and what efforts CRC had 
taken to maintain compliance with these requirements.

     7.On September 14, 2005, CRC replied to the LOI. In its 
reply, CRC confirmed that it acquired antenna structure #1019247 
in August of 2004, and that it was still the owner of the 
structure.  CRC also acknowledged that it had not yet notified 
the Commission of the change in ownership of the structure.  CRC 
stated that it had ``purchased the tower with the understanding 
from the previous owner that it was in full compliance with all 
applicable regulatory requirements.''  CRC also stated that it 
was generally aware of the Commission's tower regulations.  CRC 
acknowledged that it was not aware of the light outages on 
antenna structure #1019247 until notified by the Los Angeles 
Office in January, 2005.  CRC explained the lighting problem as 
being caused by a power line surge, one that is a recurring 
problem at the site.  CRC also stated that it had ordered a new 
beacon lighting system with automated monitoring capabilities, 
but provided no response regarding any other efforts to comply 
with Section 17.47, which requires either daily observations of 
the lighting system by the antenna structure owner or an 
automatic alarm system designed to detect and indicate any 
failure of the lighting system.  CRC also failed to explain its 
efforts to comply with Section 17.48, which requires notification 
to the FAA of failures and repairs; or Section 17.49, which 
requires detailed records be kept of lighting failures, 
adjustments, repairs and all FAA notifications.

     8.On September 26, 2005, CRC filed an application to notify 
the Commission of the ownership transfer of the antenna structure 
from KSCI, Inc. to CRC.6  On September 29, 2005, CRC sent a 
supplemental reply to the LOI stating that a new lighting system 
and alarm system had been purchased and would soon be installed 
on antenna structure #1019247.  

III.      DISCUSSION

     9.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.7  The term 
"repeated" means the commission or omission of such act more than 
once or for more than one day.8  

     10.  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. 9  Section 17.21(a) 
of the Rules states 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.10  Antenna 
structure #1019247 is 62.1 meters in height and is assigned 
painting and lighting specifications.  

     11.  Section 17.23 of the rules requires that registered 
antenna structures conform to the mandatory FAA painting and 
lighting recommendations set forth on the FAA Notice issued to 
the structure owner.11  The FAA Notice for antenna structure 
#1019247 requires that the structure be painted and have 
obstruction lighting consisting of at least one flashing red 
beacon on top and two steady-burning side lights at the 
midpoint.12  On December 2, 2004, Los Angeles agent observed that 
the lighting on antenna structure #1019247 was not functioning.13  
On January 25, 2004, a Los Angeles agent again observed that the 
lighting on the antenna structure was not functioning.  Initial 
repairs were made by CRC after being notified by the Los Angeles 
Office on January 26, 2005.  Shortly thereafter, the Los Angeles 
Office received reports that the lights had again failed.  These 
reports were confirmed by CRC's field service representative on 
February 10, 2005, and by CRC, in its response to the Los Angeles 
LOI, when it explained the lighting problem as being caused by a 
recurring power line problem at the site.  Consequently, we find 
that CRC willfully and repeatedly failed to comply with the 
lighting requirements mandated by its ASR and Section 17.23 of 
the Rules.

     12.  Section 17.47(a)(1) of the Rules requires the owner of 
any antenna structure which is registered with the Commission and 
has been assigned lighting specifications to make an observation 
of the antenna structure's lights at least once every 24 hours 
either visually or by observing an automatic properly maintained 
indicator designed to register any failure of such lights.14  
Alternatively, Section 17.47(a)(2) of the Rules requires antenna 
structure owners to provide and properly maintain an automatic 
alarm system designed to detect any failure of such lights and to 
provide indication of such failure to the owner.15  CRC 
acknowledged that it first became aware of the lighting failures 
on antenna structure #1019247 when it was contacted by a Los 
Angeles agent in January, 2005.  On February 17, 2005, CRC's 
service company representative reported to a Los Angeles agent 
that an alarm system for reporting light failures was not yet 
installed and that he was responsible for daily observations of 
the tower lights.  On September 29, 2005, CRC reported that it 
had finally purchased a lighting system and an alarm system and 
that they would both soon be installed. Although CRC acted to 
repair the lights after being notified by the Los Angeles agent 
about the initial outage, that outage and the subsequent outages 
show that CRC failed to ensure that daily observations were made, 
or an alarm system installed.  Consequently, we find that CRC 
willfully and repeatedly failed to comply with Section 17.47 of 
the Rules.    

     13.  Section 17.48 of the Rules requires the owner of any 
antenna structure which is registered with the Commission and has 
been assigned lighting specifications to report immediately by 
telephone or telegraph to the nearest Flight Service Station or 
office of the FAA any observed or otherwise known extinguishment 
or improper functioning of any top steady burning light or any 
flashing obstruction light, regardless of its position on the 
antenna structure, not corrected within 30 minutes.16  After 
observing that the lighting on antenna structure #1019247 was not 
functioning on December 2, 2005, a Los Angeles agent informed the 
FAA.  After the subsequent light outages on the antenna 
structure, the Los Angeles agent, on February 10, 2005, again had 
to notify the FAA of the light outages.  In the LOI, the Los 
Angeles Office specifically requested statements and supporting 
documentation regarding CRC's efforts to comply with Section 
17.48. In response to the LOI, CRC provided no statements or 
other evidence that it ever notified the FAA of completed 
repairs, or of the additional extinguishment; only that it is 
generally aware of the Commission's tower regulations. CRC's lack 
of vigilance concerning observation of the lighting system on 
antenna structure #1019247 also resulted in its failure to notify 
the FAA within 30 minutes of the failure of the obstruction 
lighting on CRC's antenna structure.   Consequently, we find that 
CRC willfully and repeatedly failed to comply with section 17.48 
of the Rules.

     14.  Section 17.49 of the Commission's Rules requires the 
owner of each antenna structure which is registered with the 
Commission and has been assigned lighting specifications to 
maintain a record of any observed or otherwise known 
extinguishment or improper functioning of a structure light and 
include information concerning the date, time and nature of the 
extinguishment or improper functioning; the date and time of FAA 
notification; and the date, time and nature of adjustments, 
repairs, or replacements made.17  The Los Angeles Office's LOI 
specifically requested statements and supporting documentation 
regarding the CRC's efforts to comply with Section 17.49, but no 
such evidence was included in CRC's reply only CRC's statement 
that it is generally aware of the Commission's tower regulations.  
Consequently, we find that CRC willfully and repeatedly failed to 
comply with Section 17.49 of the Rules.

     15.  Section 17.57 of the Commission's Rules requires that 
the owner of an antenna structure for which an Antenna Structure 
Registration Number has been obtained must immediately notify the 
Commission hours upon any change in structure height or change in 
ownership information.18  CRC acknowledged that it purchased the 
tower in approximately August of 2004, but, despite two 
notifications from the Los Angeles Office, CRC did not file an 
application to notify the Commission of the ownership transfer 
until September 26, 2005.19  Although CRC eventually filed an 
application, as required by Section 17.57 of the Rules, it did so 
only after repeated notifications from the Los Angeles Office.  
The Commission has stated in the past that an entity is expected 
to correct errors when they are brought to the entity's attention 
and that such correction is not grounds for a downward adjustment 
in a forfeiture.20  While CRC has finally filed the appropriate 
paperwork with the Commission, it did not do so immediately, as 
required by our Rules.  Therefore, we find that CRC willfully and 
repeatedly failed to comply with Section 17.57 of the Rules.

     16.  Based on the evidence before us, we find that CRC 
willfully and  repeatedly violated Section 303(q) of the Act and 
Sections 17.23, 17.47, 17.48, 17.49, and 17.57 of the Rules by 
failing to comply with the antenna structure registration, 
lighting, monitoring, record keeping, and notification 
requirements for antenna structure #1019247.  

     17.  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 the base forfeiture amount for failing to comply with the 
prescribed lighting and/or marking for an antenna structure is 
$10,000, and the base forfeiture amount for failure to file 
required forms or information, such as an antenna structure 
registration, with the Commission is $3,000.21    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.22  Applying the 
Forfeiture Policy Statement, Section 1.80, and the statutory 
factors to the instant case, we conclude that CRC is apparently 
liable for a $13,000 forfeiture.    

IV.  ORDERING CLAUSES

     18.  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, 
Communications Relay Corporation is hereby NOTIFIED of this 
APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen 
thousand dollars ($13,000) for violations of Section 303(q) of 
the Act, and Sections 17.23, 17.47, 17.48, 17.49 and 17.57 of the 
Rules.23  

     19.  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, Communications 
Relay Corporation. SHALL PAY the full amount of the proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.  

     20.  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 may be made by wire 
transfer may be made to ABA Number 04000261, receiving bank 
Mellon Bank, and account number 911-6106.

     21.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, Western Region, 
Los Angeles Office, 18000 Studebaker Rd., Suite 660, Cerritos, 
California, 90703 and must include the NAL/Acct. No. referenced 
in the caption.  

     22.  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. 

     23.  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, Room 1A625, 445 12th Street, S.W., Washington, D.C. 
20554.24  

     24.  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 
Communications Relay Corporation, P.O. Box 7835, Van Nuys, CA 
91409 and to Robert J. Keller, P.C.,  P.O. Box 33428, Farragut 
Station, Washington, D.C. 20033-0428.




                              FEDERAL COMMUNICATIONS COMMISSION




                              Catherine Deaton
                              District Director
                              Los Angeles Office
                              Western Region
                              Enforcement Bureau
_________________________

147 U.S.C.  303(q).  
247 C.F.R.  17.23, 17.47, 17.48, 17.49 and 17.57.  
347 U.S.C.  503(b).  
4See FAA Circular Number 70/7460-1J, Chapters 3, 4, 5, 13.
 
5The agent also  contacted the FAA's  Hawthorne Automated  Flight 
Service Station and reported the outage.   
6See Application No. A0467617, filed September 26, 2005.  The 
Commission granted the application and updated the ownership 
information on December 30, 2005.
7Section 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).  
8Section 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."  
9Section 303(q) of the Act gives the Commission authority to 
regulate certain antenna structures if and when such structures 
constitute, or there is a reasonable possibility that they may 
constitute, a menace to air navigation.  47 U.S.C.  303(q).  
1047 C.F.R.  17.21(a).   See Max Media of  Montana, LLC, 18  FCC 
Rcd 21375 (2003).  
1147 C.F.R.  17.23.
12Per FAA Circular Number 70/7460-1J, Chapters 3, 4, 5, 13. 
13Under Section 503(b)(6) of the Act, 47 U.S.C. 503(b)(6), we 
may only propose forfeitures to non-licensees for apparent 
violations that occurred within one year of the date of this NAL.  
However, Section 503(b) does not bar us from assessing whether 
CRC's conduct prior to that time period apparently violated the 
Act in determining the appropriate forfeiture amount for those 
violations that occurred within the one-year statute of 
limitations.  Inphonic, Inc., 2005 WL 1750418 (FCC 05-145, 
released July 25, 2005) at  24. 
1447 C.F.R.  17.47(a)(1).  
1547 C.F.R.  17.47(a)(2).  
1647 C.F.R.  17.48. 
1747 C.F.R.  17.49.  
1847 C.F.R.  17.57. 
19See Application No. A0467617, filed September 26, 2005.  The 
Commission granted the application and updated the ownership 
information on December 30, 2005.
20AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 21871-76 
(2002).
2112 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.  
2247 U.S.C.  503(b)(2)(D).  
2347 U.S.C.  303(q), 503(b), 47 C.F.R.  0.111, 0.311, 1.80, 
17.23, 17.47, 17.48, 17.49, 17.57.  
24See 47 C.F.R.  1.1914.