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                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                         )                              
     Florida Food Products, Inc.              )   File Number EB-04-TP-037   
     Owner of an Unregistered Antenna         )   NAL/Acct. No.200432700015  
                                              )   FRN 0001801687             
     Eustis, Florida                                                         

                          MEMORANDUM OPINION AND ORDER

   Adopted:  December 21, 2007 Released: December 27, 2007 

   By the Chief, Enforcement Bureau:

   I. introduction

    1. In this Memorandum Opinion and Order,  we deny the request for further
       reconsideration filed by Florida Food Products, Inc. ("FFP"), former
       owner of an antenna structure in Eustis, Florida. FFP seeks
       reconsideration of the Enforcement Bureau's ("Bureau") Memorandum
       Opinion and Order ("Order") released on September 8, 2006. In that 
       Order, the Bureau denied FFP's petition for reconsideration of a
       Bureau Forfeiture Order which found FFP liable for a monetary
       forfeiture in the amount of three thousand dollars ($3,000) for
       willful and repeated violation of Section 17.4(a) of the Commission's
       Rules ("Rules"), for failing to register its antenna structure.


   2. As a result of a January 26, 2004 inspection, an agent from the
   Commission's Tampa, Florida Field Office ("Tampa Office") determined that
   FFP's antenna structure was not registered. On  March 15, 2004, the Tampa
   Office issued to FFP a Notice of Apparent Liability for Forfeiture ("NAL")
   in the amount of $3,000 for apparent willful and repeated violation of the
   registration requirements of Section 17.4(a) of the Rules. In its response
   dated March 24, 2004, FFP did not dispute the NAL's findings but argued
   that it was entitled to relief for attempting to comply with the
   Commission's registration requirements after the Tampa Office notified FFP
   of the lack of registration.

   3. On December 28, 2004, the Bureau released a Forfeiture Order  which
   affirmed the NAL, and assessed a $3,000 forfeiture to FFP for willful and
   repeated violation of Section 17.4(a) of the Rules. On January 13, 2005,
   the Commission received FFP's petition for reconsideration ("Petition"),
   wherein FFP notified the Commission that it had demolished the tower in
   September, 2004, and it further requested that the Forfeiture Order be
   revoked if possible, and if not, that it would make a partial payment of
   the $3,000 forfeiture. Because FFP did not register its tower until May
   17, 2004, more than three months after the Tampa Office notified it of the
   lack of registration on January 26, 2004, and more than six years after it
   was required to have its tower registration completed, the Bureau issued
   an  Order on September 8, 2006, denying FFP's Petition. The Bureau stated
   that the Commission expects violations observed during an inspection
   and/or subject to enforcement action will be corrected, and found FFP's
   demolition of the tower to be a subsequent corrective measure not
   warranting cancellation or reduction of the forfeiture. On September 13,
   2006, the Commission received FFP's request for further reconsideration, a
   note written on the Bureau Order, which reiterated the fact that FFP had
   demolished the tower several years before.


   4. At the outset, we observe that FFP  in its most recent request  again
   does not dispute that it violated Section 17.4(a) of the Rules. 
   Specifically, FFP's request for further reconsideration consists of a
   hand-written note on the Bureau's Order which states, in its entirety:
   "[r]adio tower demolished about 4 years ago sent certified letter stating
   this Questions call 352-357-4141 ext 303 Jerry Brown Fla Food Products."
   "It is well settled that a petition for reconsideration which simply
   reiterates arguments that were previously considered and rejected will be
   denied." Thus, FFP's repetitive argument in support of reconsideration is
   not entitled to further consideration, and will be denied.


   5. Accordingly, IT IS ORDERED that, pursuant to Section 405(b) of the
   Communications Act of 1934, as amended, and Section 1.106 of the Rules,
   the request for reconsideration filed by Florida Food Products, Inc. IS

   6. Payment of the three thousand dollar ($3,000) forfeiture assessed by
   the Forfeiture Order shall be made in the manner provided for in Section
   1.80 of the Rules within 30 days of the release of this Memorandum Opinion
   and 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. 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
   payment of the full amount of the NAL under an installment plan should be
   sent to: Associate Managing Director - Financial Operations, 445 12th
   Street, S.W., Room 1A625, Washington, D.C. 20554.

   7. IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order
   shall be sent by First Class and Certified Mail Return Receipt Requested
   to Florida Food Products, Inc., P.O. Box 1300, Eustis, Florida 32727-1300.


   Kris Anne Monteith

   Chief, Enforcement Bureau

   Florida Food Products, Inc., Memorandum Opinion and Order,  21 FCC Rcd
   9999 (Enf. Bur. 2006).

   Florida Food Products, Inc., Forfeiture Order, 19 FCC Rcd. 24923 (Enf.
   Bur. 2004)

   47 C.F.R. S: 17.4(a).

   Because FFP's antenna structure exceeded 200 feet and was subject to
   Federal Aviation Administration notification, the Rules require that the
   structure be registered with the Commission. See 47 C.F.R. S: 17.4(a); see
   also 47 C.F.R. S: 17.7(a).

   Florida Food Products, Inc., Notice of Apparent Liability for Forfeiture,
   NAL/Acct. No. 200432700015 (Enf. Bur., Tampa Office, released March 15,

   Florida Food Products, Inc., 21 FCC Rcd at 10001.

   See note written on copy of Bureau Order from Jerry Brown, Florida Food


   Bennett Gilbert Gaines, Memorandum Opinion and Order, 10 FCC Rcd 681

   See  Infinity Broadcasting Operations, Inc., Memorandum Opinion and Order,
   19 FCC Rcd 4216 (2004). See also,  Electronic Engineering Company, Order
   on Reconsideration, 16 FCC Rcd 5434, 5435-6 (WTB 2001).

   47 U.S.C. S: 405(b).

   47 C.F.R. S: 1.106.

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

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)


   Federal Communications Commission DA 07-5084


   Federal Communications Commission DA 07-5084