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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
CBTR Services, LLC File No.: EB-FIELDSCR-12-00000874
Owner of Antenna Structure No. NAL/Acct. No.: 201232500008
Bridgeport, Texas )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: September 25, 2012 Released: September 25, 2012
By the District Director, Dallas Office, South Central Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
that CBTR Services, LLC (CBTR Services), owner of antenna structure
number 1052235, in Bridgeport, Texas (the Antenna Structure),
apparently willfully and repeatedly violated Section 303(q) of the
Communications Act of 1934, as amended (Act), and Section 17.50 of the
Commission's rules (Rules) by failing to clean or repaint the Antenna
Structure as often as necessary to maintain good visibility. We
conclude that CBTR Services is apparently liable for a forfeiture in
the amount of ten thousand dollars ($10,000).
2. The Antenna Structure is 137 meters in overall height above ground and
is required to be painted and lighted. On February 15, 2012, agents
from the Dallas Office of the Enforcement Bureau (Dallas Office)
inspected the Antenna Structure and observed that the structure's
paint was extremely faded and rusted in several areas, reducing the
structure's visibility. The agents were unable to distinguish the
alternating bands of paint on the Antenna Structure from a quarter of
a mile from the Antenna Structure.
3. On April 17, 2012, CBTR Services told an agent in the Dallas Office
via telephone that it had purchased the Antenna Structure two years
prior and that it had not repainted the Antenna Structure since that
time. During the same conversation, CBTR Services also informed the
agent that the previous owner last painted the Antenna Structure about
12 years ago. On April 30, 2012, CBTR Services stated that it had
repainted the Antenna Structure on April 29, 2012.
4. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation, or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty. Section 312(f)(1) of the Act defines "willful" as the
"conscious and deliberate commission or omission of [any] act,
irrespective of any intent to violate" the law. The legislative
history to Section 312(f)(1) of the Act clarifies that this definition
of willful applies to both Sections 312 and 503(b) of the Act, and the
Commission has so interpreted the term in the Section 503(b) context.
The Commission may also assess a forfeiture for violations that are
merely repeated, and not willful. The term "repeated" means the
commission or omission of such act more than once or for more than one
A. Failure to Maintain the Antenna Structure's Paint to Ensure Good
5. Section 303(q) of the Act states that antenna structure owners shall
maintain the painting and lighting of antenna structures as prescribed
by the Commission. Section 17.50 of the Rules requires that antenna
structures be cleaned or repainted as often as necessary to maintain
good visibility. On February 15, 2012, agents from the Dallas Office
observed that the paint on the Antenna Structure was extremely faded
and rusted in several areas, such that its visibility was poor. CBTR
Services admitted that it had not painted the Antenna Structure since
acquiring the structure in 2010. The condition of the paint at the
time of the inspection was so deteriorated that the agents concluded
that the Antenna Structure was not clearly visible for more than one
day. Thus, based on the evidence before us, we find that CBTR Services
apparently willfully and repeatedly violated section 17.50 of the
Rules by failing to clean and repaint the Antenna Structure in order
to maintain good visibility.
A. Proposed Forfeiture
6. Pursuant to the Commission's Forfeiture Policy Statement and Section
1.80 of the Rules, the base forfeiture amount for failing to comply
with prescribed marking is $10,000. In assessing the monetary
forfeiture amount, we must also take into account the statutory
factors set forth in Section 503(b)(2)(E) of the Act, which include
the nature, circumstances, extent, and gravity of the violations, 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. Applying the Forfeiture Policy Statement, Section 1.80 of
the Rules, and the statutory factors to the instant case, we conclude
that CBTR Services is apparently liable for a forfeiture in the amount
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and sections 0.111, 0.204,
0.311, 0.314, and 1.80 of the Commission's rules, CBTR Services, LLC
is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the
amount of ten thousand dollars ($10,000) for violation of Section
303(q) of the Act and Section 17.50 of the Commission's rules.
8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's rules, within thirty (30) calendar days of the release
date of this Notice of Apparent Liability for Forfeiture, CBTR
Services, LLC SHALL PAY the full amount of the proposed forfeiture or
SHALL FILE a written statement seeking reduction or cancellation of
the proposed forfeiture.
9. Payment of the forfeiture must be made by check or similar instrument,
wire transfer, or credit card, and must include the NAL/Account number
and FRN referenced above. CBTR Services, LLC will also send electronic
notification on the date said payment is made to SCR-Response@fcc.gov.
Regardless of the form of payment, a completed FCC Form 159
(Remittance Advice) must be submitted. When completing the FCC Form
159, enter the Account Number in block number 23A (call sign/other ID)
and enter the letters "FORF" in block number 24A (payment type
code). Below are additional instructions you should follow based on
the form of payment you select:
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
10. Any request for full payment under an installment plan should be sent
to: Chief Financial Officer-Financial Operations, Federal
Communications Commission, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554. If you have questions regarding payment
procedures, please contact the Financial Operations Group Help Desk by
phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
11. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
Sections 1.80(f)(3) and 1.16 of the Rules. Mail the written statement
to Federal Communications Commission, Enforcement Bureau, South
Central Region, Dallas Office, 9330 LBJ Freeway, Suite 1170, Dallas,
TX 75243 and include the NAL/Acct. No. referenced in the caption. CBTR
Services, LLC also shall email the written response to
12. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner submits:
(1) federal tax returns for the most recent three-year period; (2)
financial statements prepared according to generally accepted
accounting practices (GAAP); or (3) some other reliable and objective
documentation that accurately reflects the petitioner's current
financial status. Any claim of inability to pay must specifically
identify the basis for the claim by reference to the financial
13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by both Certified Mail, Return Receipt
Requested, and First Class Mail, to CBTR Services, LLC at P.O. Box
886, Graham, TX 76450.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
South Central Region
47 C.F.R. S: 17.50.
See Antenna Structure Registration database for antenna structure number
1052235. See also 47 C.F.R. S: 17.21(a) (requiring antenna structures to
be painted and lighted when they exceed 60.96 meters in height above
According to the Antenna Structure Registration database, antenna
structure number 1052235 must be marked and lighted consistent with FCC
Paragraphs 1, 3, 4, 13, and 21. FCC Paragraph 1 requires antenna
structures to be painted throughout their height with alternate bands of
aviation surface orange and white. The width of the bands shall be equal
and approximately one-seventh the height of the structure, provided
however, that the bands shall not be more than 100 feet nor less than 1.5
feet in width. See FCC Forms 715/715A, paragraphs 1, 3, 4, 12 and 21.
An agent from the Dallas Office confirmed that CBTR was listed as the
owner of the Antenna Structure in the Antenna Structure Registration
database on November 17, 2010. See Antenna Structure Registration database
for antenna structure number 1052235.
See email from Chuck Breitkreutz, Owner of CBTR Services, LLC, to the
Dallas Office (Apr. 30, 2012, 9:39 A.M.). A photograph of the repainted
Antenna Structure was attached to the email.
47 U.S.C. S: 503(b).
47 U.S.C. S: 312(f)(1).
H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
[inserted in Section 312] defines the terms `willful' and `repeated' for
purposes of section 312, and for any other relevant section of the act
(e.g., Section 503) . . . . As defined[,] . . . `willful' means that the
licensee knew that he was doing the act in question, regardless of whether
there was an intent to violate the law. `Repeated' means more than once,
or where the act is continuous, for more than one day. Whether an act is
considered to be `continuous' would depend upon the circumstances in each
case. The definitions are intended primarily to clarify the language in
Sections 312 and 503, and are consistent with the Commission's application
of those terms . . . .").
See, e.g., Application for Review of Southern California Broadcasting Co.,
Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388, para. 5 (1991),
recons. denied, 7 FCC Rcd 3454 (1992).
See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 10 (2001) (Callais
Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable
television operator's repeated signal leakage).
Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
to violations for which forfeitures are assessed under Section 503(b) of
the Act, provides that "[t]he term `repeated', when used with reference to
the commission or omission of any act, means the commission or omission of
such act more than once or, if such commission or omission is continuous,
for more than one day." See Callais Cablevision, Inc., 16 FCC Rcd at
1362, para. 9.
47 U.S.C. S: 303(q).
47 C.F.R. S: 17.50.
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons. denied, 15
FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S:S: 303(q), 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
See 47 C.F.R. S: 1.1914.
47 C.F.R. S:S: 1.16, 1.80(f)(3).
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Federal Communications Commission DA 12-1509
Federal Communications Commission DA 12-1509