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

In the Matter of                )
                                )
Lycom Communications, Inc.      )    File No. EB-03-CF-484
Owner of Antenna Structure number 1242391    )
Near Louisa, Kentucky           )    NAL/Acct. No. 200432340003
                                )
                                )    FRN 0008-0624-14       

                        FORFEITURE ORDER 

Adopted:  December 22, 2004             Released:   December  28, 
2004

By the Assistant Chief, Enforcement Bureau:

I.  INTRODUCTION

     1.   In this Forfeiture Order (``Order''), we issue a 
        monetary forfeiture in the amount of three thousand 
        dollars ($3,000) to Lycom Communications, Inc. 
        (``Lycom''), owner of Antenna Structure number 1242391, 
        for willful and repeated violation of Section 17.4(a) of 
        the Commission's Rules (``Rules'').1  The noted 
        violation involves Lycom's failure to register its 
        antenna structure.

     2.   On February 27, 2004, the Commission's Columbia, 
        Maryland, Field Office (``Columbia Office'') issued a 
        Notice of Apparent Liability for Forfeiture (``NAL'') to 
        Lycom for a forfeiture in the amount of $3,000 to Lycom 
        for willful and repeated violation of Section 17.4(a) of 
        the Rules.2  Lycom filed its response to the NAL on 
        March 23, 2004.

II.  BACKGROUND

     3.   On July 16, 2003, an agent from the Columbia Office 
        inspected an antenna structure located  near Louisa, 
        Kentucky (``the Louisa tower''), at 38 05' 18'' North 
        Latitude, 82 36' 44'' West Longitude.  The Commission's 
        Antenna Structure Registration (``ASR'') data base 
        showed that there was no registered antenna structure at 
        that location.  The agent determined through his 
        investigation that Lycom owns the Louisa tower.  The 
        Commisssion's ``towpub'' data base3 indicates that the 
        Federal Aviation Administration (``FAA'') assigned 
        painting and lighting requirements to the Louisa tower 
        on June 10, 1966.4

     4.   On February 27, 2004, the Columbia Office issued a NAL 
        for a forfeiture in the amount of $3,000 to Lycom for 
        willful and repeated violation of Section 17.4(a) of the 
        Rules.  In its response, Lycom admits that it did not 
        register the Louisa tower but seeks cancellation of the 
        proposed monetary forfeiture on the basis of the efforts 
        of its contractor, Francis Technical Services 
        (``Francis''), to register the antenna structure.  Lycom 
        also argues that it never intended to make use of the 
        Louisa tower and would have dismantled it but for 
        Francis's request to use it.

     5.   The ASR data base indicates that Lycom registered the 
        Louisa tower on March 8, 2004.

III.      DISCUSSION

     6.   The proposed forfeiture amount in this case was 
        assessed in accordance with Section 503(b) of the 
        Communications Act of 1934, as amended (``Act''),5 
        Section 1.80 of the Rules,6 and The Commission's 
        Forfeiture Policy Statement and Amendment of Section 
        1.80 of the Rules to Incorporate the Forfeiture 
        Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 
        FCC Rcd 303 (1999) (``Policy Statement'').  Section 
        503(b) of the Act requires that the Commission, in 
        examining Lycom's response, 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

     7.   Section 17.4(a) of the Rules requires the owners of 
        existing antenna structures that were assigned painting 
        or lighting requirements before July 1, 1996, to 
        register those antenna structures with the Commission no 
        later than July 1, 1998.8  Lycom concedes that the 
        Louisa tower was unregistered until March 8, 2004.  We 
        find that Lycom willfully9 and repeatedly10 violated 
        Section 17.4(a) of the Rules by failing to register its 
        antenna structure.

     8.   Lycom argues that Francis's efforts to register the 
        Louisa tower warrant cancellation of the proposed 
        monetary forfeiture.   No mitigation is warranted on 
        that basis.  Lycom did not engage Francis as its agent 
        until after the FCC agent inspected the Louisa tower and 
        informed Lycom that the tower was unregistered.  As the 
        Commission stated in Seawest Yacht Brokers, 9 FCC Rcd 
        6099, 6099 (1994), ``corrective action taken to come 
        into compliance with Commission rules or policy is 
        expected, and does not nullify or mitigate any prior 
        forfeitures or violations.'' 11

     9.   Lycom's argument that it never intended to make use of 
        the Louisa tower and, but for Francis's request to use 
        the tower, would have dismantled it is not material.  As 
        owner of the Louisa tower, Lycom is responsible for it.

     10.  We have examined Lycom's response to the NAL pursuant 
        to the statutory factors above, and in conjunction with 
        the Policy Statement as well.  As a result of our 
        review, we conclude that Lycom willfully and repeatedly 
        violated Section 17.4(a) of the Rules and that neither 
        cancellation nor reduction of the proposed $3,000 
        monetary forfeiture is warranted.

     IV.  ORDERING CLAUSES

     11.  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,12 Lycom IS LIABLE FOR A 
        MONETARY FORFEITURE in the amount of three thousand 
        dollars ($3,000) for failure to register its antenna 
        structure, in willful and repeated violation of Section 
        17.4(a) of the Rules.

     12.  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.13  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 
        Operations Group, 445 12th Street, S.W., Washington, 
        D.C. 20554.14

     13.  IT IS FURTHER ORDERED that a copy of this Order shall 
        be sent by First Class and Certified Mail Return Receipt 
        Requested to Lycom Communications, Inc., P.O. Box 1114, 
        Louisa, Kentucky, and to its counsel, Ernest M. Pitt, 
        Jr., Esq., Holbrook & Pitt, 200 Federal Building, 1500 
        Carter Avenue, Ashland, Kentucky 41101.

                              FEDERAL COMMUNICATIONS COMMISSION

                         


                              George R. Dillon
                              Assistant Chief, Enforcement Bureau
_________________________

1 47 C.F.R.  17.4 (a).  

2 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200432340003 (Enf. Bur., Columbia  Office, released February  27, 
2004).    

3 The  ``towpub'' data  base contains  information about  antenna 
structures that were assigned painting and lighting  requirements 
before the ASR requirement went into effect on July 1, 1996.

4 FAA Study CLE-OE-66-158.

5 47 U.S.C.  503(b).

6 47 C.F.R.  1.80.

7 47 U.S.C.  503(b)(2)(D).

8 Lycom's tower was assigned painting and lighting requirements 
before July 1, 1996, by FAA Study CLE-OE-66-158.

9 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).  

10 As provided by 47 U.S.C.  312(f)(2), a continuous violation 
is ``repeated'' if it continues for more than one day.   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 Company, 6 FCC Rcd 
4387, 4388 (1991).

11 See also Callais  Cablevision, Inc., 17  FCC Rcd 22626,  22629 
(2002); Radio Station KGVL, Inc., 42 FCC 2d 258, 259 (1973);  and 
Executive Broadcasting Corp., 3 FCC 2d 699, 700 (1966).

12 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

13 47 U.S.C.  504(a).

14 See 47 C.F.R.  1.1914.