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

In the Matter of                   )
THOMAS M. JONES                    )         File  No.  EB-00-HL-

Owner of Antenna Structure              )
Registration # 1063428                  )         
Kealakekua, Hawaii                 )         NAL/Acct.        No. 

                         FORFEITURE ORDER

     Adopted:  September 7, 2000          Released:    September 

8, 2000

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 

monetary  forfeiture  in  the  amount  of  ten  thousand  dollars 

($10,000) against  Kona Koast  Leasing LLC  (``Kona Koast'')  for 

willful violation of Section 73.1213(b) of the Commission's Rules 

(``Rules'').1  The noted violation involves an antenna tower with 

defective paint.

     2.   On  May 10,  2000, the  Commission's Honolulu,  Hawaii, 

          Resident Agent Office (``Honolulu Office''), issued the 

          referenced Notice of Apparent Liability (``NAL'') for a 

          monetary forfeiture  in  the  amount  of  ten  thousand 

          dollars  ($10,000)  to   Kona  Koast   for  the   noted 

          violation.2  Kona Koast filed a response to the NAL  on 

          June 7, 2000,  and supplementary responses  on June  30 

          and July 20, 2000.

                         II.  BACKGROUND

     3.   Kona  Koast  owns  an  antenna  tower  (``tower'')   in 
Kealakekua, Hawaii,  with the  registration number  1063428.   On 
July 13,  1999,  agents from  the  Honolulu Office  conducted  an 
inspection of the tower and  determined that it exceeds 200  feet 
in height and  must, therefore,  be painted   in accordance  with 
Section 17.21 of the Rules.3   During the inspection, the  agents 
observed that the tower's paint  was severely faded, chipped  and 

4.   On July 15,  1999, the  Honolulu Office  issued an  Official 
Notice of Violation ("NOV") to Kona Koast for failure to maintain 
the tower's paint.  In its reply  to the NOV, received August  9, 
1999, Kona Koast stated  that the tower  users were seeking  bids 
for the repainting of the tower.  On April 19, 2000, an FCC agent 
again inspected the  tower and  observed that the  tower had  not 
been repainted. 

     5.   On May 10, 2000, the Honolulu Office issued the subject 

NAL to  Kona  Koast for  inadequate  painting of  the  tower,  in 

apparent willful violation of Section 73.1213(b) of the Rules.

     6.   The Commission received  Kona Koast's  response to  the 

NAL on June 7, 2000, and  supplementary responses on June 30  and 

July 20, 2000.  Kona  Koast asserted that,  after its receipt  of 

the NOV, it took  steps to bring the  tower into compliance.   In 

that regard, one of the licensees using the tower accepted a  bid 

on August 31, 1999,  to have the  tower repainted.  However,  the 

company originally  engaged  to paint  the  tower was  unable  to 

schedule the  work  for ``several  months''  and then  could  not 

perform the work by the anticipated date because of the departure 

of a  key employee.   According to  Kona Koast,  other  companies 

contacted about doing the work had large backlogs of work because 

of  ``the huge explosion in the wireless industry.''  Kona  Koast  

stated that the  tower user  who made arrangements  to paint  the 

tower eventually engaged a second company.  By letter dated  July 

19, 2000, Kona Koast notified  the Commission that the tower  had 

been painted and was in compliance with the Commission's Rules.

                        III.  DISCUSSION

     7.   As the NAL explicitly states, the forfeiture amount  in 

this case  was assessed  in accordance  with Section  503 of  the 

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,  12 FCC Rcd 17087  (1997), 

recon. denied,  15 FCC  Rcd  303 (1999)  (``Policy  Statement'').  

Section 503(b)  of the  Communications Act  of 1934,  as  amended 

(``Act''), requires that, in examining Kona Koast's response, 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.  47 U.S.C. 


     8.   Section 73.1213(b)  of  the Rules  requires  owners  of 
antenna towers to paint and illuminate those towers as  specified 
in Part 17 of the Commission's Rules.6  In the instant case, Kona 
Koast contends its violations do not warrant a forfeiture because 
circumstances beyond its control prevented the repainting of  the 
tower.  Kona Koast knew by July 30, 1999, that its tower did  not 
comply with the painting  requirements of Part  17 of the  Rules.  
However,  Kona  Koast  did  not  correct  the  tower's   painting 
deficiency  until  July  2000.   Remedial  action  to  correct  a 
violation, although commendable,  will not  nullify a  forfeiture 
penalty.  See  Station KGVL,  Inc., 42  FCC 2d  258, 259  (1993).  
Kona Koast has provided  a number of explanations  as to why  the 
tower painting deficiency  required additional  time to  correct.  
Notwithstanding these explanations, there can be no  satisfactory 
explanation for a such a long  delay in correcting a violation  - 
particularly where the  violation creates a  safety hazard.   We, 
therefore, find that Kona Koast's violations were willful.7 
     9.   We have  examined  Kona  Koast'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  Kona  Koast has  failed  to provide  a  sufficient 

justification for canceling or mitigating the proposed forfeiture 


                      IV.  ORDERING CLAUSES

     10.       ACCORDINGLY,  IT  IS  ORDERED  that,  pursuant  to 

Section 503(b) of the Act,  Sections 0.111, 0.311 and  1.80(f)(4) 

of the Rules,8 Kona Koast  Communications, Inc., IS LIABLE FOR  A 

MONETARY FORFEITURE in  the amount  of $10 ,000  for the  willful 

violation of Section  73.1213(b) of the  Rules setting forth  the 

painting and lighting requirements for radio towers.

11.  Payment of the forfeiture shall be made in the manner 
provided for in Section 1.80 of the Rules within thirty (30) days 
of the release of this Order.  If the forfeiture is not paid 
within the specified period, the case may be referred to the 
Department of Justice for collection pursuant to Section 504(a) 
of the Act.9  Payment may be made by credit card through the 
Commission's Credit and Debt Management Center at (202) 418-1995 
or by mailing a check or similar instrument, payable to the order 
of the Federal Communications Commission, to the Federal 
Communications Commission, P.O. Box 73482, Chicago, Illinois 
60673-7482.  The payment should note the NAL/Acct. No. X3286001.  
Requests for full payment under an installment plan should be 
sent to:  Chief, Credit and Debt Management Center, 445 12th 
Street, S.W., Washington, D.C. 20554. 10

     12.  IT IS FURTHER ORDERED that  a copy of this Order  shall 

be sent by certified mail, return receipt requested to Kona Koast 

Leasing LLC, 488 Channelview Drive, Moneta, Virginia 24121.
                              FEDERAL COMMUNICATIONS COMMISSION  

                              David H. Solomon
                              Chief, Enforcement Bureau

1 47 C.F.R.  73.1213(b).

2 Notice of Apparent Liability, NAL Acct. No. 915OR0003 (Enf. 
Bur., Honolulu Residednt Agent Office, Released July 8, 1999). 

3 47 C.F.R. 17.21. 
4 47 U.S.C.  503(b).

5 47 C.F.R.  1.80.

6 47 C.F.R.  17.1 et seq.

78 The word ``willfully'' as employed  in Section 503 of the  Act 

does not require that the violation in question be 
intentional. It is necessary only that a licensee knew it was 
doing the act in question.  See Southern California Broadcasting 
Co., 6 FCC Rcd 4387 (1991).

8 47 C.F.R.  0.111, 0.311 and 1.80(f)(4).

9 47 U.S.C.  504(a).

10 See 47 C.F.R.  1.1914.