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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Ozark Media, Inc. File Number: EB-08-KC-0326
) File No. EB-08-KC-0326 NAL/Acct. No.:
Owner of Antenna Structure # 1248505
) NOV No. V20093256zzz ) FRN: 0007515901
Clementine, MO )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 31, 2008
By the District Director, Kansas City Office, South Central Region,
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Ozark Media, Inc. ("OMI"), owner of antenna structure bearing
registration number 1248505, Clementine, Missouri ("Tower")
apparently repeatedly violated Section 17.47(a) of the Commission's
Rules ("Rules") by failing to make observations of the antenna
structure's lights at least once each 24 hours to ensure the proper
functioning of the structure lights. We conclude, pursuant to Section
503(b) of the Communications Act of 1934, as amended ("Act"), that OMI
is apparently liable for a forfeiture in the amount of two thousand
2. On October 9, 2008, in response to a complaint of a tower light
outage, an agent from the Commission's Kansas City Office of the
Enforcement Bureau ("Kansas City Office") determined that the
structure in question was antenna structure number 1248505, which,
according to the Antenna Structure Registration database, is owned by
OMI. An agent from the Kansas City Office contacted OMI about the
complaint and a representative from OMI stated that they were unaware
of the outage. The agent contacted the Federal Aviation
Administration ("FAA") through its contractor, Lockheed Martin, to
determine if a Notice to Airmen ("NOTAM") report had been filed
concerning the light outage and, when no existing report was found,
the agent filed a NOTAM report with the FAA.
3. In two faxed statements between October 15 and 16, 2008, OMI provided
information regarding the light outages, its light monitoring
practices, and information regarding lack of logs and records for the
Tower. OMI stated that it utilizes remote monitoring to check the
status of the Tower's lights, but admitted that it had not conducted
any inspections of that system since it was constructed in September
2006. OMI stated that its employee first observed light outages in
late March 2008, at which time the FAA was notified and a NOTAM was
filed. A purchase receipt indicates OMI purchased replacement lamps
for the Tower on April 4, 2008. According to its statements, OMI
management thought that the lights for the Tower had been fixed in
early April. From April until October, OMI station operators checked
the Tower lights using the remote monitoring equipment during the day
when the lighting was not in operation and logged that the lighting
was normal based on these daytime observations. However, despite OMI's
management's belief and the operator logs, previous attempts to
schedule installation of the replacement bulbs in April 2008 were
unsuccessful, and the Tower's lights had been dark since late March
2008. After talking with the agent from the Kansas City Office, OMI
changed its monitoring practices to check the lighting status when the
lights were scheduled to be on and found the lighting in an alarm
condition on October 10 - 16, 2008. OMI further stated that prior to
October 9, 2008, they have no documentation to show exactly when light
outages occurred or when the FAA had been contacted.
4. On October 17, 2008, OMI notified the Kansas City Office that the
Tower's lighting had been repaired and that the FAA had been notified.
5. Section 503(b) of the Act provides that any person who 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 "repeated" means the commission or omission of such act more
than once or for more than one day.
6. Section 17.47(a) of the Rules states that the owner of any antenna
structure which is registered with the Commission and has been
assigned lighting specifications ... shall make an observation of the
antenna structure's lights at least once each 24 hours either visually
or by observing an automatic properly maintained indicator designed to
register any failure of such lights, to insure that all such lights
are functioning properly as required; or alternatively, shall 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. The Tower is 152.1 meters above ground in height and is
required to be painted and lit. An automatic light indicator is
installed for the Tower. OMI, however, failed to inspect the automatic
light indicator since it had been installed in 2006. After OMI's
management thought that the Tower lights had been repaired sometime in
April 2008, OMI claims that its personnel observed the Tower light
indicator once every 24 hours during daytime hours when the Tower
lighting was not energized. Accordingly, the light indicator did not
register a failure in the lighting, and the personnel logged the
lighting status as normal based on the daytime observations. Despite
these loggings, lighting on the Tower was inoperable from late March
2008 until October 17, 2008. OMI does not have any records to support
exactly when the lighting became inoperable, how that observation was
made, or when the FAA had been notified. Once the FCC notified OMI of
the ongoing outages on October 9, 2008 and the station personnel began
monitoring at a time when the lighting was energized, the automatic
maintained light indicator indicated an alarm. Thus, while OMI
personnel made an observation of the Tower light indicator once every
24 hours, they failed to do so in a manner designed to insure that all
such lights were functioning properly as required, because they failed
to detect the light outage from late March 2008 until October 9, 2008.
Based on the evidence before us, we find that OMI apparently
repeatedly violated Section 17.47(a) of the Rules by failing to
observe the Tower lighting at least once each 24 hours, at a minimum,
between May 1 and October 9, 2008 at a time that would insure the
proper operation of the antenna structure lighting.
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 OMI is apparently liable for a
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, Ozark Media, Inc. 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) of
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, Ozark Media, Inc. SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
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. 20554.8 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, OMI
will send electronic notification on the date said payment is made to
11. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Kansas City
Office, 520 NE Colbern Rd, 2nd Floor, Lees Summit, MO 64086 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 Ozark Media, Inc. at its address of
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
Kansas City Office
South Central Region
47 C.F.R. S: 17.47(a).
47 U.S.C. S: 503(b).
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."
Antenna structures are required to be painted and lighted when they exceed
60.96 meters in height above ground. See 47 C.F.R. S: 17.21.
Antenna structure owners are required to inspect at intervals not to
exceed 3 months all automatic or mechanical control devices, indicators,
and alarm systems associated with the antenna structure lighting to insure
that such apparatus is functioning properly. See 47 C.F.R. S: 17.47(b).
Antenna structure owners are required to maintain a record of any observed
or otherwise known extinguishment or improper functioning of a structure
light and include the nature of such extinguishment, date and time the
extinguishment was observed or otherwise noted, and the date and time of
FAA notification. See 47 C.F.R. S: 17.49.
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, 17.47(a).
8 See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
Federal Communications Commission