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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
) File Number EB-07-TP-246
Jacksonville MSA Limited Partnership
) NAL/Acct. No. 200932700001
) FRN 0001842707
Owner of Antenna Structure # 1247216
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 6, 2008
By the District Director, Tampa Office, South Central Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Jacksonville MSA Limited Partnership ("Jacksonville"), owner of
antenna structure # 1247216 in MacClenny Florida ("Tower"), apparently
repeatedly violated Section 17.47(a)(1) of the Commission's Rules
("Rules") by failing to observe the Tower's lights or light indicator
on a daily basis. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), that Jacksonville is
apparently liable for a forfeiture in the amount of two thousand
2. On February 25, 2008, in response to a complaint of a dark tower,
agents from the Commission's Tampa office of the Enforcement Bureau
("Tampa Office") observed that the Tower was not lit at approximately
8:30 P.M. The agents from the Tampa Office contacted the FAA and found
that a NOTAM had not been called in and requested that one be issued.
On February 26, 2008, an agent from the Tampa Office informed a
representative of Jacksonville with AT&T, Inc. ("AT&T") that the
lighting on the Tower was out.
3. On April 10, 2008, the Tampa Office sent Jacksonville a Letter of
Inquiry ("LOI") requesting additional information about the Tower
4. 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. The term "repeated" means the commission or omission of
such act more than once or for more than one day.
5. Section 17.47(a)(1) of the Rules requires that the owner of any
antenna structure which is registered with the Commission and has been
assigned lighting specifications make an observation of the antenna
structure's lights at least once every 24 hours to insure that all
such lights are functioning properly as required. This observation may
be accomplished visually or by observing an automatic properly
maintained indicator designed to register any failure of the lights.
Alternatively, pursuant to Section 17.47(a)(2) of the Rules, owners
may install and properly maintain an automatic alarm system designed
to detect any failure of such lights. The Tower is over 200 feet in
height and is required to be painted and lit in accordance with FAA
Chapters 4, 8, and 12 and in accordance with FAA Circular Number
70/7460-1K. [Redacted.] Agents from the Tampa Office observed that the
Tower lights were extinguished on February 25, 2008. Jacksonville's
[Redacted.] and it did not notify the FAA of the outage. [Redacted.]
Thus, at a minimum, violations occurred between June 22, 2007 and
February 26, 2008.
6. Based on the evidence before us, we find that Jacksonville apparently
repeatedly violated Section 17.47(a)(1) of the Rules by failing to
observe visually the Tower's lights or light indicator at least once
every 24 hours.
7. 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 conduct required monitoring is
$2,000. In assessing the monetary forfeiture amount, we must also take
into account the statutory factors set forth in Section 503(b)(2)(E)
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. Applying the Forfeiture
Policy Statement, Section 1.80 of the Rules, and the statutory factors
to the instant case, we conclude that Jacksonville is apparently
liable for a $2,000 forfeiture.
IV. ORDERING CLAUSES
8. 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, Jacksonville MSA Limited
Partnership is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of two thousand dollars ($2,000) for
violation of Section 17.47(a)(1) of the Rules.
9. 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, Jacksonville MSA Limited
Partnership SHALL PAY the full amount of the proposed forfeiture or
SHALL FILE a written statement seeking reduction or cancellation of
the proposed forfeiture.
10. Payment of the forfeiture must be made by credit card, check or
similar instrument, payable to the order of the Federal Communications
Commission. The payment must include the Account Number and FRN Number
referenced above. Payment by check or money order may be mailed to
Federal Communications Commission, P.O. Box 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank Federal Reserve Bank of New York, and
account number 27000001. For payment by credit card, an FCC Form 159
(Remittance Advice) must be submitted. When completing the FCC Form
159, enter the NAL/Account number in block number 23A (call sign/other
ID), and enter the letters "FORF" in block number 24A (payment type
code). Requests for full payment under an installment plan should be
sent to: Chief Financial Officer -- Financial Operations, 445 12th
Street, S.W., Room 1-A625, Washington, D.C. 20554.14 If you have
questions, please contact the Financial Operations Group Help Desk at
1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made,
Jacksonville MSA Limited Partnership will send electronic
notification on the date said payment is made to SCR-Response@fcc.gov.
11. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Tampa Office,
Suite 1215, 2203 N. Lois Ave., Tampa, FL 33607 and must include the
NAL/Acct. No. referenced in the caption.
12. 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.
13. 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 Jacksonville MSA Limited Partnership
at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
South Central Region
47 C.F.R. S: 17.47(a)(1).
47 U.S.C. S: 503(b).
After receipt of a reliable complaint on December 27, 2007, an agent from
the Tampa Office called the Federal Aviation Administration ("FAA"), and,
upon learning that a Notice to Airmen ("NOTAM") had not been issued,
requested that a NOTAM be issued on December 27, 2007.
Local sunset time was 6:24 P.M.
AT&T submitted a response to the LOI on Jacksonville's behalf. AT&T
requested confidential treatment of the information submitted in response
to the LOI.
Section 312(f)(1) of the Act, 47 U.S.C. S: 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).
Section 312(f)(2) of the Act, 47 U.S.C. S: 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."
47 C.F.R. S: 17.47(a)(2).
See 47 C.F.R. S: 17.21 (antenna structures shall be painted and lighted
when they exceed 200 feet in height above the ground ore they require
special aeronautical study).
Section 17.48 of the Rules requires that the owner of any antenna
structure which is registered with the Commission and has been assigned
lighting specifications report immediately by telephone or telegraph to
the nearest Flight Service Station of office of the Federal Aviation
Administration 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. 47 C.F.R. S: 17.48.
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80,
14 See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
Federal Communications Commission