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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Florida Food Products, Inc. ) File No. EB-04-TP-
) NAL/Acct. No. 200432700015
Owner of an Unregistered Antenna Structure ) FRN 0001801687
Eustis, Florida )
Adopted: December 22, 2004 Released:
December 28, 2004
By the Assistant Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of three dollars ($3,000) to
Florida Food Products, Inc (``FFP''), owner of an unregistered
antenna structure in Eustis, Florida, for willful and repeated
violation of the registration requirements of Section 17.4(a) of
the Commission's Rules (``Rules'').1
2. On January 26, 2004, the Commission's Tampa, Florida
Field Office (``Tampa Office'') inspected FFP's antenna
structure, searched the Commission's databases, and determined
that the structure was not registered.2 The Tampa Office
notified FFP that its structure was not registered, and after FFP
still failed to register the antenna structure, it issued FFP a
Notice of Apparent Liability for Forfeiture (``NAL'') on March
15, 2004.3 The NAL found that FFP willfully and repeatedly
violated the registration requirements of Section 17.4(a) of the
Rules and proposed a $3,000 forfeiture.
3. In its response, FFP did not dispute the NAL's
findings. FFP nevertheless sought cancellation of the proposed
forfeiture based upon its good faith efforts to comply with the
subject registration requirements, after the Tampa Office
notified FFP of the lack of registration.
4. The forfeiture amount proposed in this case was
assessed in accordance with Section 503(b) of the Communications
Act of 1934, as amended (``Act''),4 Section 1.80 of the Rules,5
and the Commission's Forfeiture Policy Statement and Amendment of
Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines.6 In assessing forfeitures, Section 503(b)(2)(D) of
the Act requires that we take into account the nature,
circumstances, extent and gravity of the violation and, with
respect to the violator, the degree of culpability, any history
of prior offenses, ability to pay, and such other matters as
justice may require.7 As discussed below, we have considered
FFP's response in light of these statutory factors and have
determined that no reduction of the proposed forfeiture is
5. Section 17.4(a) of the Rules provides that, effective
July 1, 1996, the owner of any proposed or existing antenna
structure that requires notification to the Federal Aviation
Administration (``FAA'') must register the structure with the
Commission. Section 17.4(a)(2) of the Rules provides that the
owner of an antenna structure that had been assigned painting or
lighting requirements prior to July 1, 1996 must register the
structure prior to July 1, 1998. FFP admits that its tower was
not registered at the time of the inspection on January 26, 2004,
but FFP argues that its violation of Section 17.4(a) of the
Commission's Rules was not willful because it made good faith
efforts to register the tower shortly after the Commission
inspection. We disagree. The term ``willful,'' as used in
Section 503(b) of the Act, does not require a finding that the
rule violation was intentional or that the violator was aware
that it was committing a rule violation.8 Rather, the term
``willful'' simply requires that the violator knew it was taking
the action in question, irrespective of any intent to violate the
Commission's Rules.9 Further, because FFP has not yet registered
the tower, its failure to do so is a continuing violation, and
thus is ``repeated.''10 Accordingly, we find that FFP willfully
and repeatedly violated Section 17.4(a) of the Rules
6. Additionally, FFP's attempts to comply with the
requirements of Section 17.4(a) by contacting the Commission and
the Federal Aviation Administration do not mitigate its failure
to timely register its antenna structure. Section 17. 4(a) of
the Commission Rules, as described above, required FFP to
register its antenna structure in 1996, and FFP did not begin its
registration process until after the Tampa Office notified it on
January 26, 2004, more than eight years later, that the tower was
not registered. According to Commission records, the tower still
is not registered. The Commission expects that violations, which
are observed during inspection and/or are the subject of an
enforcement action, will be corrected,11 and does not believe
that corrective measures mitigate or warrant forfeiture
cancellations or reductions for past violations.12 Based on the
record, we thus do not find that cancellation or reduction of the
proposed forfeiture of $3,000 is warranted, due to FFP's
beginning the registration process.
7. Because FFP has yet to register its tower,13 we will
require, pursuant to Section 308(b) of the Act,14 that FFP report
to the Enforcement Bureau within thirty (30) days of the release
of this Order whether it has achieved compliance with Section
17.4(a) of the Rules. FFP's report must be submitted in the form
of an affidavit signed by an officer or director of the licensee.
If FFP fails to submit such a report or we find that FFP has not
come into compliance with Section 17.51(b), we will consider
further appropriate enforcement action.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Section
503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of
the Rules,15 Florida Food Products, Inc. IS LIABLE FOR A MONETARY
FORFEITURE in the amount of three thousand dollars ($3,000) for
its willful and repeated violation of Section 17.4(a) of the
9. IT IS ALSO ORDERED that, pursuant Section 308(b) of the
Act, FFP must submit the report described in Paragraph 10, above,
within 30 days from the release of this Order, to: Federal
Communications Commission, Enforcement Bureau, Spectrum
Enforcement Division, 445 12th Street, S.W., Room 7-A 555,
Washington, D.C. 20554, Attention: Katherine Power, Esquire.
10. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules within 30 days of the
release of this Order. If the forfeiture is not paid within the
period specified, the case may be referred to the Department of
Justice for collection pursuant to Section 504(a) of the Act.16
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 Forfeiture Collection Section, Finance Branch, Federal
Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. Payment by overnight mail may be sent to Bank One/LB
73482, 525 West Monroe, 8th Floor Mailroom, Chicago, IL 60661.
Payment by wire transfer may be made to ABA Number 071000013,
receiving bank Bank One, and account number 1165259. Requests
for full payment under an installment plan should be sent to:
Chief, Revenue and Receivables Group, 445 12th Street, S.W.,
Washington, D.C. 20554.17
11. IS FURTHER ORDERED that a copy of this Order shall be
sent by First Class and Certified Mail Return Receipt Requested
to Florida Food Products, Inc., P.O. Box 1300, Eustis, Florida
FEDERAL COMMUNICATIONS COMMISSION
George R. Dillon
Assistant Chief, Enforcement Bureau
1 47 C.F.R. § 17.4(a).
2 Because FFP's antenna structure exceeds 200 feet and is subject
to Federal Aviation Administration notification, the Rules
require that the structure be registered with the Commission.
See 47 C.F.R. § 17.4(a); see also 47 C.F.R. § 17.7(a).
3 Florida Food Products, Inc., NAL/Acct. No. 200432700015 (Enf.
Bur., Tampa Office, released March 15, 2004).
4 47 U.S.C. § 503(b).
547 C.F.R. § 1.80.
6 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
7 47 U.S.C. § 503(b)(2)(D).
8 Section 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,'
... 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) (``Southern California'').
9 See Southern California, supra at 4387.
10 As provided by 47 U.S.C. § 312(f)(2), a violation which
occurs more than once is ``repeated.'' The Conference Report for
Section 312(f)(2) indicates that Congress intended to apply this
definition to Section 503 of the Act as well as Section 312. See
H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California
Broadcasting Co., supra.
11 See AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 21875 ¶ 26
(finding that all Commission licensees and regulatees are
``expected to promptly take corrective action when violations are
brought to their attention,'' and that such corrective action
does not warrant reduction or cancellation of a forfeiture for
past violations); see also Seawest Yacht Brokers, 9 FCC Rcd at
6099, 6099 ¶ 7 (1994); TCI Cablevision of Maryland, Inc., 7 FCC
Rcd 6013, 6014 ¶ 8 (1992); Sonderling Broadcasting Corp., 69 FCC
2d 289, 291 (1978); South Central Communications Corp., 18 FCC
Rcd 700, 702-03 ¶ 9 (Enf. Bur. 2003).
13 As of the adoption date of this Order, a search of the
Commission's ASR Data Base reveals that the tower remains
14 47 U.S.C. § 308(b)
1547 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
1647 U.S.C. § 504(a).
17See 47 C.F.R. § 1.1914.