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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File Number: EB-04-AN-020
Gary M. Schikora and George )
Horner Trust ) NAL/Acct. No. 200532780004
) FRN 0011766979
Former Owner of Antenna )
Structure #1005017 )
Fairbanks, Alaska )
Adopted: December 20, 2005 Released:
December 22, 2005
By the Regional Director, Western Region, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of three thousand dollars to
Gary M. Schikora (``Schikora'') and the George Horner Trust
("Horner Trust"), former owners of antenna structure #1005017, in
Fairbanks, Alaska, for willful and repeated violation of Section
17.57 of the Commission's Rules ("Rules").1 On December 13,
2004, the Enforcement Bureau's Anchorage Resident Agent Office
issued a Notice of Apparent Liability for Forfeiture (``NAL'') in
the amount of $3,000 to Schikora and the Horner Trust after
determining that they had failed to immediately notify the
Commission of a change in the ownership information of the
Antenna Structure Registration (``ASR'') for antenna structure
#1005017. In this Order, we consider Schikora's response to the
2. On May 20, 2003, agents from the Anchorage Resident
Agent Office inspected antenna structure #1005017, located at
1648 College Road, adjacent to the fairgrounds in Fairbanks,
Alaska. The ASR indicated Donald G. Creamer, Sr. (``Creamer''),
was the registered owner of the antenna structure. The agents
located ASR #1005017 posted at the site. Commission records
indicated that antenna structure #1005017 was required to have
painting and lighting in accordance with FCC Paragraphs 1, 3, 12,
and 21. The agents observed that the paint on the antenna
structure was faded and chipped, reducing the visibility of the
3. On February 10, 2004, an agent from the Anchorage
Resident Agent Office issued a Letter of Inquiry (``LOI'') to
Creamer. The LOI requested Creamer to respond to questions
concerning the paint on antenna structure #1005017. The
Anchorage Office did not receive the requested response.
4. On April 5, 2004, an agent from the Anchorage Resident
Agent Office reissued the LOI to Creamer. On April 20, 2004, the
Anchorage Resident Agent Office received a Response to the LOI
issued to Creamer which stated that Gary M. Schikora and the
George Horner Trust were the current owners of antenna structure
#1005017.2 According to the Response, the settlement date for
the transaction occurred on December 15, 2003.
5. On July 20, 2004, an Anchorage agent issued a LOI to
Schikora and the Horner Trust, requesting information concerning
the ownership and painting status of antenna structure #1005017.
The July 20, 2004 LOI specifically noted that the owner of an
antenna structure must immediately notify the Commission using
FCC Form 854 of any change in ownership information. On July 26,
2004, Schikora called the agent to discuss the LOI. The agent
explained to Schikora that he needed to submit a written response
to the LOI. The agent also advised Schikora of the requirement
that he immediately change the antenna structure ownership
information on the ASR. On August 9, 2004, the Anchorage
Resident Agent Office received a response to the LOI issued to
Schikora and the Horner Trust.3 The response stated that
Schikora and the Horner Trust did own antenna structure #1005017,
that the antenna structure was currently being repainted, and
that a Statutory Warranty Deed had been recorded locally in the
Fairbanks, Alaska Recording District. The response failed to
indicate, however, what steps Schikora and the Horner Trust had
taken to ensure that the FCC ASR for antenna structure #1005017
reflected Schikora and the Horner Trust as the current owners.
Until November 16, 2005, the Commission's ASR database continued
to reflect Donald G. Creamer, Sr. as the antenna structure
registrant for antenna structure #1005017.
6. On December 13, 2004, the Anchorage Office issued a NAL
in the amount of $3,000 to Schikora and the Horner Trust.4 In
the NAL, the Anchorage Office found Schikora and the Horner Trust
apparently willfully and repeatedly failed to immediately notify
the Commission of a change in the ownership information of the
ASR's for antenna structure #1005017. Schikora filed a response
to the NAL on January 7, 2005 (``Response'').5 Schikora's
Response consists solely of a print-out of his FCC Registration
Number registration form along with a note stating ``proof of
7. The proposed forfeiture amount in this case was
assessed in accordance with Section 503(b) of the Act,6 Section
1.80 of the Rules,7 and The Commission's Forfeiture Policy
Statement and Amendment of Section 1.80 of the Rules to
Incorporate the Forfeiture Guidelines.8 In examining Schikora's
response, Section 503(b) of the Act requires that the Commission
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
other such matters as justice may require.9
8. Section 17.57 of the rules requires the owner of an
antenna structure to immediately notify the Commission using FCC
Form 854 upon any change in structure height or change in
ownership information.10 The Commission requires antenna
structure owners to maintain current antenna structure
registration information with the Commission and post ASR numbers
at the base of antenna structures to allow for easy contact if
problems arise.11 Schikora's Response indicates that he received
an FCC registration number. However, it does not indicate that
he or the Horner Trust updated the ownership information for
antenna structure #1005017 and the Commission's records do not
reflect that Schikora and the Horner Trust ever updated the
ownership information. On November 16, 2005, the Commission's
ASR database was updated to show Tanana Valley State Fair
Association as the registrant of antenna structure #1005017.
9. We have examined Schikora's response to the NAL
pursuant to the statutory factors above, and in conjunction with
the Forfeiture Policy Statement. As a result of our review, we
conclude that Schikora and the Horner Trust willfully and
repeated violated Section 17.57. Considering the entire record
and the factors listed above, we find that neither reduction nor
cancellation of the proposed $3,000 forfeiture is warranted
IV. ORDERING CLAUSES
10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section
503(b) of the Communications Act of 1934, as amended (``Act''),
and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's
Rules, Gary M. Schikora and the George Horner Trust ARE LIABLE
FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully
and repeatedly violating Section 17.57 of the Rules.12
11. 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 Federal Communications Commission, P.O.
Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail
may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room
1540670, Pittsburgh, PA 15251. Payment by wire transfer may be
made to ABA Number 043000261, receiving bank Mellon Bank, and
account number 911- 6106. Requests for full payment under an
installment plan should be sent to: Associate Managing Director -
Financial Operations, Room 1A625, 445 12th Street, S.W.,
Washington, D.C. 20554.14
12. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by First Class Mail and Certified Mail Return Receipt
Requested to Gary M. Schikora and George Horner Trust, P.O. Box
75458, Fairbanks, Alaska 99707.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
147 C.F.R. § 17.57.
2See Letter of Donald G. Creamer, Jr. to the Anchorage Resident
Agent Office (April 13, 2004).
3See Letter of Gary M. Schikora to the Anchorage Resident Agent
Office (August 4, 2004).
4Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200532780004 (Enf. Bur., Western Region, Anchorage Office,
released December 13, 2004).
5We are treating Schikora's response as a response on behalf of
Schikora and the Horner Trust.
647 U.S.C. § 503(b).
747 C.F.R. § 1.80.
812 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
947 U.S.C. § 503(b)(2)(D).
1047 C.F.R. § 17.57. Section 303(q) of the Act gives the
Commission authority to regulate certain antenna structures if
and when such structures constitute, or there is a reasonable
possibility that they may constitute, a menace to air navigation.
47 U.S.C. § 303(q).
11See, e.g., Spectrasite Communications, Inc., 18 FCC Rcd 22799,
1247 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4),
1347 U.S.C. § 504(a).
14See 47 C.F.R. § 1.1914.