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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-AN-069
Antenna Registration Number: ) NAL/Acct. No. 20033278001
1059096 ) FRN # 0001-535-541
Union Oil Company of California )
POB 196247 )
Anchorage, AK 99501
Adopted: August 4, 2004 Released: August 6,
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent
Decree entered into between the Enforcement Bureau and Union
Oil Company of California (``Unocal''). The Consent Decree
terminates the forfeiture proceeding initiated by the
Enforcement Bureau against Unocal for its apparent failure to
comply with the requirements set forth in Sections 17.4(g) and
17.23 of the Commission's Rules (``Rules'').1
2. The Enforcement Bureau and Unocal have negotiated
the terms of a Consent Decree that would resolve this matter
and terminate the forfeiture proceeding. A copy of the Consent
Decree is attached hereto and incorporated by reference.
3. Based on the record before us, we conclude that no
substantial or material questions of fact exist with respect to
this matter as to whether Unocal possesses the basic
qualifications, including those related to character, to hold
or obtain any FCC license or authorization.
4. After reviewing the terms of the Consent Decree,
we find that the public interest will be served by adopting the
Consent Decree and terminating the forfeiture proceeding.
5. Accordingly, IT IS ORDERED that, pursuant to
Sections 4(i) and 503(b) of the Communications Act of 1934, as
amended,2and Sections 0.111 and 0.311 of the Rules,3 the
Consent Decree attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the Enforcement
Bureau's forfeiture proceeding against Unocal IS TERMINATED.
7. IT IS FURTHER ORDERED that Union Oil Company of
California shall make its voluntary contribution to the United
States Treasury, as specified in the Consent Decree, by mailing
a check or similar instrument, payable to the order of the
Federal Communications Commission, to the Forfeiture Collection
Section, Finance Branch, Federal Communications Commission,
P.O. Box 73482, Chicago, Illinois 60673-7482. The payment
should note NAL/Acct. No. 20033278001and FRN 0001-535-541.
8. IT IS FURTHER ORDERED that a copy of this Order
and Consent Decree shall be sent by first class mail and
certified mail, return receipt requested, to Unocal's counsel,
Shannon W. Martin, Esq., Lane Powell Spears & Lubersky, LLP,
420 L Street, Suite 300, Anchorage, Alaska 99501-1971.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
The Enforcement Bureau (``Bureau'') of the Federal
Communications Commission (``Commission'') and Union Oil Company
of California (``Unocal'') hereby enter into this Consent Decree
regarding possible violations of Sections 17.4(g) and 17.23 of
the Commission's Rules (``Rules'') concerning Unocal's operation
of its registered antenna structure, Antenna Structure
Registration (``ASR'') number 1059096, located in the Swanson
River oil field 15 miles north of Sterling, Alaska (the
1. On May 13, 2002, Unocal engaged Nolan Bros. to conduct
an inspection of the Tower. Nolan Bros.' report of that
inspection did not note any FCC violations.
2. On August 15, 2002, the Anchorage Office issued an
Official Notice of Violation ("NOV") to Unocal, specifying
violation of Sections 17.4(g) and 17.23 of the Rules. On
September 3, 2002, Unocal provided a written statement and
timeline notifying the FCC of its intent to remedy the matters
specified by the NOV. Concomitantly, Unocal contacted its tower
inspection and maintenance contractor, Nolan Bros., and requested
the required changes be made immediately. The changes were made
on or before September 30, 2002, and the Tower is currently in
compliance with 47 C.F.R. § 17.4 (g) and 47 C.F.R. § 17.23.
3. On January 31, 2003, the Anchorage Office issued a
Notice of Apparent Liability For Forfeiture4 to Unocal (the
``NAL'') in the amount of twelve thousand dollars ($12,000) for
the apparent willful and repeated violations of Sections 17.4 (g)
and 17.23 of the Rules by failing to post its ASR number and to
maintain proper antenna structure lighting.
4. Unocal timely responded to the NAL on February 27,
5. Unocal has no history of prior offenses ¾ the NOV was
Unocal's first indication of any violations of FCC regulations.
6. For purposes of this Consent Decree, the following
definitions shall apply:
(a) ``Commission'' means the Federal Communications
(b) ``Bureau'' means the Enforcement Bureau of the
(c) ``Unocal'' means Union Oil Company of California.
(d) ``Parties'' means Unocal and the Bureau.
(e) ``Enforcement Proceeding'' means the
investigation of the alleged Rule violations by Unocal
culminating in the Notice of Apparent Liability for Forfeiture.
(f) Notice of Apparent Liability for Forfeiture or
``NAL'' means Union Oil Company of California, NAL/Acct. No.
20033278001 (Enf. Bur., Anchorage Office, released January 31,
(g) ``Rules'' means the Commission's Rules found in
Title 47 of the Code of Federal regulations.
(h) ``Act'' means the Communications Act of 1934, as
amended, 47 U.S.C. §§151 et seq.
(i) ``Adopting Order'' means an order of the Bureau
adopting this Consent Decree.
(j) ``Effective Date'' means the date the Adopting
Order is released by the Bureau.
(k) ``Compliance Plan'' means the processes and
procedures developed by Unocal in an effort to ensure compliance
with the FCC's Rules regarding antenna structures registered in
accordance with 47 C.F.R. § 17.4, as summarized in Appendix
``A,'' attached to this Consent Decree.
Terms of Settlement
7. The Parties agree that the provisions of this Consent
Decree shall be subject to final approval by the Bureau by
incorporation of such provisions by reference in the Adopting
8. The Parties agree that this Consent Decree shall become
binding on the Parties on the Effective Date. Upon release, the
Adopting Order and this Consent Decree shall have the same force
and effect as any other final order of the Commission and any
violation of the terms or conditions of this Consent Decree shall
constitute a violation of a Commission order.
9. Unocal acknowledges that the Bureau has jurisdiction
over the matters contained in this Consent Decree and the
authority to enter into and adopt this Consent Decree.
10. The Parties waive any rights they may have to seek
administrative or judicial reconsideration, review, appeal or
stay, or to otherwise challenge or contest the validity of this
Consent Decree and the Adopting Order, provided that the Adopting
Order adopts the Consent Decree without change, addition or
11. Unocal waives any rights it may have under any
provision of the Equal Access to Justice Act, 5 U.S.C. § 504 and
47 C.F.R. § 1.1501 et seq., relating to the matters discussed in
this Consent Decree.
12. The Parties agree that this Consent Decree does not
constitute either an adjudication on the merits or a factual or
legal finding or determination of any compliance or noncompliance
with the Act or the Rules. The Parties further agree that this
Consent Decree is for settlement purposes only and that by
agreeing to this Consent Decree, Unocal does not admit or deny
any liability for violating the Rules in connection with the
matters that are the subject of this Consent Decree.
13. In express reliance on the covenants and
representations in this Consent Decree, the Bureau agrees to
terminate the Enforcement Proceeding at such time as both Parties
sign this Consent Decree and the Bureau adopts this Consent
14. Unocal agrees to implement its Compliance Plan
covering tower acquisitions, construction or alteration of
towers, monitoring of lighting, records of light outages, NOV
responses and training (summary of Compliance Plan attached as
Appendix ``A.).'' Unocal may modify the Compliance Plan as
necessary to better ensure continuing compliance with the
Commission's Rules, and will contemporaneously notify the Bureau
in writing of any such modification. Any such modification will
not take effect until 25 calendar days after the Bureau's receipt
of Unocal's notification. If the Bureau finds that the
modification is inconsistent with the terms of the Consent Decree
or the Commission's rules or policies, it may disapprove any such
modification in writing within 25 calendar days of the Bureau's
receipt of Unocal's notification.
15. The Parties acknowledge and agree that this Consent
Decree shall constitute a final and binding settlement between
Unocal and the Bureau regarding the possible violations of
Sections 17.4(g) and 17.23 of the Rules specified by the NAL. In
consideration for termination by the Bureau of the Enforcement
Proceeding and in accordance with the terms of this Consent
Decree, Unocal agrees to the terms set forth in this Consent
16. The Bureau agrees that it will not institute on its own
motion, any new proceeding, formal or informal, take any action
on its own motion, or recommend to the Commission any forfeiture
or other sanction, against Unocal for the possible violations of
Sections 17.4(g) and 17.23 of the Rules specified by the NAL.
Nothing in this Consent Decree shall prevent the Bureau from
instituting investigations or enforcement proceedings against
Unocal in the event of any other alleged misconduct that violates
this Consent Decree or that violates any provision of the Act or
17. The Parties agree that each is required to comply with
each individual condition of this Consent Decree that applies to
it. Each specific condition is a separate condition of the
Consent Decree as approved. To the extent that Unocal fails to
satisfy any condition, in the absence of Commission alteration of
the condition, it will be deemed noncompliant and may be subject
to possible future enforcement action with respect to such
failure to satisfy the condition.
18. The Parties agree that any provision of this Consent
Decree which conflicts with any subsequent rule, order of general
applicability or other decision of general applicability adopted
by the Commission will be superseded by such Commission rule,
order or other decision.
19. Unocal agrees to make a voluntary contribution to the
United States Treasury in the amount of five thousand dollars
($5,000) within thirty (30) days of the Effective Date. Such
contribution shall be made, without further protest or recourse,
by credit card through the Commission's Debt and Credit
Management Center at (202) 418-1995, or by mailing a check or
similar instrument, payable to the order of the Federal
Communications Commission, to the Federal Communications
Commission, Forfeiture Collection Section, Finance Branch, P.O.
Box 73482, Chicago, Illinois 60673-7482. The payment should
reference NAL/Acct. No. 20033278001 and FRN 0001-535-541.
20. If either Party (or the United States on behalf of the
Commission) brings a judicial action to enforce the terms of the
Adopting Order, neither Unocal nor the Commission shall contest
the continuing validity of the Consent Decree or Adopting Order.
The Parties agree to comply with, defend and support the validity
of this Consent Decree and the Adopting Order in any proceeding
seeking to nullify, void, or otherwise modify the Consent Decree
or the Adopting Order.
21. The Parties agree that in the event that any court of
competent jurisdiction renders this Consent Decree invalid, this
Consent Decree shall become null and void and may not be used in
any manner in any legal proceeding.
22. This Consent Decree cannot be modified except as
indicated in paragraph 14.
23. This Consent Decree may be signed in counterparts.
COMMISSION ENFORCEMENT BUREAU
David H. Solomon
Chief, Enforcement Bureau
UNION OIL COMPANY OF
Kevin A. Tabler
Summary of Part 17 Compliance Plan
Union Oil Company of California (``Unocal'')
As part of its effort to ensure compliance with the
Communications Act of 1934, as amended, and the FCC's rules and
regulations, Unocal's IT/Telecommunications group (the ``FCC
Specialists'') developed, and will implement and oversee, the
following Compliance Plan, which shall apply to Unocal's Swanson
River Tower, ASR No. 1059096, and any and all towers hereinafter
acquired, constructed, or altered, for which an ASR number shall
be required as set forth in paragraphs 1 and 2 below.App. 1
1. Tower Acquisitions: During pre-closing due diligence,
Unocal corporate personnel will obtain the ASR number of all
towers being acquired. Prior to closing, Unocal will have field
personnel inspect each tower to identify and require that the
seller complete (or at least initiate) corrective measures to
bring the towers into compliance.
2. Construction/Alteration: Responsibility for FAA and FCC
compliance has been vested with the FCC Specialists, although
they may delegate completion of specific tasks to third party
contractors, who will be required to adhere to a compliance
inspection schedule established by the FCC Specialists and to
report timely the results of such inspections to the FCC
Specialists. Prior to construction or alteration of a tower,
Unocal will seek a ``No Hazard'' Determination from the FAA. If
necessary, the tower will then be registered with the FCC. Once
regulatory approvals have been obtained, the project or
construction manager must obtain approval from the appropriate
FCC Specialist before construction may commence. Appropriate
signs must be posted at this junction, and lighting must be
installed at the appropriate points during construction. Within
24 hours after construction ceases or the tower reaches its
greatest height, the construction project manager must again
obtain confirmation from the FCC Specialist confirming that all
construction obligations have been satisfied.
3. Monitoring of Lighting and Signage: Responsibility for
monitoring lighting and signage on Unocal towers is vested with
the FCC Specialists, although such responsibility may be
delegated to third party contractors. Pursuant to 47 C.F.R §
17.48, when a lighting outage is detected, a Notice to Airman
(``NOTAM'') will be requested from the FAA if the outage cannot
be corrected within 30 minutes. Failure of remote monitoring
equipment or other communications failure will not relieve Unocal
of its responsibility for compliance with FCC regulations.
Unocal will provide the FAA with the information necessary to
conduct a thorough obstruction evaluation and airport airspace
analysis. The data required consists of:
1.a) USGS topographical maps marked with the location
of each Unocal structure along with notations on
corresponding frequencies and power (in watts).
1.b) Completed FAA Forms 7460-1 for each structure.
In order to assure regulatory compliance with respect to signage
and lighting requirements, Unocal will populate its computerized
maintenance management system (CMMS) with each structure
identified by the FAA and/or FCC as requiring registration and/or
periodic evaluation, and FCC inspections will be scheduled in the
CMMS. A designated CMMS Administrator will monitor FCC and FAA
daily mailings and web sites for regulations changes and update
the CMMS if and when any regulatory changes take place. Roles
and responsibilities will be documented to assure the CMMS is
updated in a timely manner and that associated policies,
procedures and controls are in place and working on a continual
4. Records of Light Outages: Unocal will maintain records of
all observed or otherwise known lighting outages or improperly
functioning lights in accordance with the FCC's Rules. These
records will include the nature of the outage or improper
functioning; the date or time the outage or improper functioning
was observed or otherwise noted; the date and time of FAA
notification, if applicable; and the date, time and nature of
adjustments, repairs or replacements made.
5. NOV Responses: Unocal will update the FCC's Antenna
Structure Registration Database visa via the worldwide web at
``http://wireless.fcc.gov/antenna/'' in order to list its FCC
Specialists as contacts, and to help ensure NOVs are timely
received. The FCC Specialists are responsible for timely
responding to NOVs, in consultation with the appropriate field
personnel, Unocal's corporate legal department and outside
6. Training: Unocal is refining its internal compliance
memoranda, which covers topics including FAA Notification, FAA
Antenna Structure Registration and Sign Posting, and Lighting
Requirements and NOTAM procedures. These memoranda and Unocal's
training will be regularly refined as necessary and appropriate
to effect improvements in compliance matters. In addition, the
FCC Specialists will train all new employees with FCC and/or FAA
1 47 C.F.R. §§ 17.4(g) and 17.23. See Notice of Apparent
Liability for Forfeiture, NAL/Acct. No. 20033278001 (Enf. Bur.,
Anchorage Office, released January 31, 2003).
2 47 U.S.C. §§ 4(i) and 503(b).
3 47 C.F.R. §§ 0.111, 0.311.
4 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
20033278001 (Enf. Bur., Anchorage Office, released January 31,
App. 1 The scope of the Compliance Plan is restricted to Unocal's
Alaska Business Unit operations. Of Unocal's Alaska tower
inventory, the Swanson River tower is the only one currently
exceeding 200 feet for which an ASR number pursuant to FCC
regulations is required.