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

In the Matter of                )
Stan Norman                     )           File No. EB-99-DT-044
North Canton, Ohio              )
                               )          NAL/Acct. No. X3236-001


                                        Released:  May 12, 2000

By the Enforcement Bureau, Detroit Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
       ("NAL"), we find that Stan Norman has apparently  violated 
       Section  303(q)   of  the  Communications   Act  of   1934 
       (``Act''),  as amended,1  and Sections  17.4(a),  17.48(a) 
       and 17.50 of  the Commission's Rules2 (the ``Rules'')  for 
       failure to register  his radio tower (``tower'') with  the 
       Commission, failure to  notify the FAA that the lights  on 
       the tower  were not functioning  properly, and failure  to 
       repaint the tower  in order to maintain good  aeronautical 
       visibility.   We conclude  that Mr.  Norman is  apparently 
       liable for  a forfeiture in the  amount of seven  thousand 
       dollars ($7,000).

                         II.  BACKGROUND

     2.   Stan Norman is  the owner  of a tower  in East  Sparta, 
       Ohio  (located  at  north  latitude  40°  40'  17'',  west 
       longitude 081° 23'  59'').  The tower exceeds 200 feet  in 
       height, and must  therefore be painted and illuminated  in 
       accordance with Section 17.21 of the Rules.3  On  November 
       30,  1999,   the  Commission's  Detroit   Office  of   the 
       Enforcement  Bureau received  information from  the  FCC's 
       Technical and  Public Safety Division (``TPSD'')  alleging 
       that this  tower was not  registered with the  Commission, 
       was  ``in dire  need of  painting, and  had only  one  top 
       light working'',  which was  not flashing  as required  by 
       the  Rules.   This   information  was  reported  to   TPSD 
       anonymously.  The information that was received from  TPSD 
       also  contained  information  from  the  Federal  Aviation 
       Administration   (``FAA'')  and   Federal   Communications 
       Commission  (``FCC'') records  that indicated  Mr.  Norman 
       was  the  owner  of  the  tower  and  that  he  had  filed 
       information with the  FAA to correct the tower height  and 
       coordinates with  the FAA.   The FAA had  assigned a  case 
       number  to this  tower,  99-AGL-5779-OE.  Acting  on  this 
       information,  especially  because of  the  possibility  of 
       danger to  air traffic navigation,  the District  Director 
       of the Detroit Office dispatched an FCC agent on  December 
       2, 1999 to investigate the complaint.

     3.   On December 2, 1999,  at 4:00 p.m.,  an FCC agent  from 
       the Detroit Office conducted an inspection of this  tower.  
       During the inspection, the FCC agent saw that the  tower's 
       red  sidelights,  red  center-flashing  beacon,  and  top-
       flashing beacon  were properly  located on  the tower  and 
       that  the tower  was painted  with the  correct number  of 
       colored bands.  However,  the FCC agent observed that  the 
       tower's paint was  peeling and quite faded.  Further,  the 
       FCC agent observed that no FCC tower registration  numbers 
       were posted  at the tower  site.  The FCC  agent left  and 
       later returned  to observe  the tower's  lighting at  5:45 
       p.m. and 6:05 p.m.  that evening.  The FCC agent saw  that 
       the tower's red sidelights and red center-flashing  beacon 
       were dark  and that  the top-flashing  beacon was  burning 
       steady red.

     4.   On December  2,  1999  at  7:35  p.m.,  the  FCC  agent 
       telephoned Stan  Norman, whose  name appeared  on the  FAA 
       database as the owner of the tower.  During the  telephone 
       conversation between  Mr. Norman  and the  FCC agent,  Mr. 
       Norman stated  that he was  the tower owner,  and had  not 
       notified the  FAA that the tower  lights were faulty.   He 
       stated further that  until approximately three months  ago 
       the tower  had been  leased to  Motorola's tower  division 
       and  because  of  this  lease  he  thought  Motorola   had 
       notified  the FAA  about  the faulty  tower  lights.   Mr. 
       Norman  went on  to say,  that  in July  of 1999,  he  had 
       received  a  letter  from  the  FCC  in  Gettysburg   (the 
       Commission's Wireless  Telecommunications Bureau)  stating 
       that  his tower  needed to  be  registered with  the  FCC.  
       Accompanying   the  letter   was  an   antenna   structure 
       registration  application.   Stan  Norman  stated  he  had 
       completed  the application  and sent  it to  Motorola  for 
       review believing that it would forward the application  to 
       the FCC.

     5.   On December 7,  1999, in a  telephone call between  the 
       FCC agent  and Mr. Norman, Mr.  Norman told the FCC  agent 
       that he  had notified the FAA on  December 3, 1999 of  the 
       faulty tower lights.

     6.   On December 15, 1999,  the District Director issued  an 
       Official  Notice of  Violation (``NOV'')  to Stan  Norman, 
       7553 Elmhurst  Avenue Northwest, Canton, Ohio  44720-5929, 
       for failure  to register  the tower  with the  Commission, 
       failure to  notify the FAA  that the lights  on the  tower 
       were not functioning properly, and failure to repaint  the 
       tower to  maintain good visibility.  In  his reply to  the 
       NOV, dated  January 19, 2000, Mr.  Norman stated that  the 
       tower lighting problems were corrected and that the  tower 
       was  scheduled  for repainting  as  soon  as  the  weather 
       permitted.  Mr.  Norman also indicated  that Motorola  was 
       responsible for  the tower and had  leased the tower  from 
       him for  the past 15  years, and according  to the  lease, 
       Motorola  was  responsible  for  the  lighting  and  tower 
       maintenance.   Mr. Norman  also stated  that Motorola  had 
       recently  sold their  tower division  to Pinnacle  Towers, 
       which was  in the process  of buying the  tower from  him.  
       Attached to  his response was  a copy of  the FCC  Antenna 
       Structure  Registration  Form, dated  December  12,  1999, 
       with an assigned  FCC registration number of 1207574.   He 
       also indicated that he  had a new mailing address of  1894 
       Butternut St. NW, North Canton, Ohio 44720.

                        III.  DISCUSSION

     7.   Section 303(q)  of the  Act  requires tower  owners  to 
       maintain the painting and/or illumination of the tower  as 
       prescribed  by the  Commission.   Section 17.4(a)  of  the 
       Rules requires  that tower structures  be registered  with 
       the Commission.   Antenna towers that  exceed 200 feet  in 
       height above  the ground must  be painted and  illuminated 
       in accordance  with the  Rules.  Section  17.48(a) of  the 
       Rules  holds the  owners of  such towers  responsible  for 
       ensuring that  the FAA is  notified if the  lights on  the 
       tower are not functioning properly.  Section 17.50 of  the 
       Rules  states  that towers  requiring  painting  shall  be 
       cleaned or  repainted as  often as  necessary to  maintain 
       good visibility.

     8.   Based on  the evidence  before us,  we find  that  Stan 
       Norman willfully4 violated Section 303(q) of the Act,  and 
       Sections  17.4(a), 17.48(a)  and  17.50 of  the  Rules  by 
       failing  to  register  his  tower  with  the   Commission, 
       failing to notify the FAA of improperly functioning  tower 
       lights,  and failing  to repaint  the  tower as  often  as 
       necessary  in order  to maintain  good visibility  to  air 
       navigation.  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''),  sets   the  base   forfeiture  amount   for 
       prescribed lighting and  painting at ten thousand  dollars 
       ($10,000),  and for  failure  to file  required  forms  at 
       three  thousand  dollars  ($3,000).5    In  assessing  the 
       monetary forfeiture amount, we must take into account  the 
       statutory  factors set  forth in  Section 503(b)(2)(D)  of 
       the  Act,6   which  include  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.  Applying the  Policy Statement  and 
       statutory factors to  the instant case, we believe that  a 
       seven  thousand  dollar ($7,000)  monetary  forfeiture  is 
       warranted because the  record reveals that Mr. Norman  has 
       an overall history of compliance and he showed good  faith 
       surrounding the violations by his voluntary disclosure  of 

                      IV.  ORDERING CLAUSES
     9.     Accordingly, IT IS ORDERED THAT, pursuant to  Section 
503(b) of the  Act, and Sections  0.111, 0.311, and  1.80 of  the 
Rules,7 Stan Norman is hereby NOTIFIED of his APPARENT  LIABILITY 
FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) 
for violating Section  303(q) of the  Act, and Sections  17.4(a), 
17.48(a), and 17.50 of the Rules.

     10.    IT IS FURTHER ORDERED THAT, pursuant to Section  1.80 
       of the  Rules, within thirty days  of the date of  release 
       of this  NOTICE OF APPARENT  LIABILITY, Stan Norman  SHALL 
       PAY the  full amount of the  proposed forfeiture or  SHALL 
       FILE   a   written   statement   seeking   reduction    or 
       cancellation of the proposed forfeiture.

     11.    Payment of the forfeiture 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 Forfeiture  Collection 
       Section,    Finance   Branch,    Federal    Communications 
       Commission, P.O. Box 73482, Chicago, Illinois  60673-7482.  
       The payment should note the NAL/Acct. No. X3236-001.

     12.    The  response  if  any  must  be  mailed  to  Federal 
       Communications Commission,  Enforcement Bureau,  Technical 
       &   Public  Safety   Division,  445   12th  Street   S.W., 
       Washington,  D.C. 20554,  and MUST  INCLUDE THE  NAL/Acct. 
       No. X3236-001.

     13.     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 documentation submitted.

     14.    Requests  for  payment of  the  full amount  of  this 
       Notice  of Apparent  Liability under  an installment  plan 
       should  be sent  to:  Chief, Credit  and  Debt  Management 
       Center, 445 12th Street, S.W., Washington, D.C. 20554.8

     15.    IT IS FURTHER ORDERED THAT  a copy of this NOTICE  OF 
       APPARENT LIABILITY shall be sent by Certified Mail  Return 
       Receipt Requested  to Stan  Norman at  1894 Butternut  St. 
       NW, North Canton, Ohio 44720.


                         James A. Bridgewater
                         District Director, Detroit Office
                         Enforcement Bureau


1 47 U.S.C. § 303(q).

2 47 C.F.R. §§ 17.4(a), 17.48(a), and 17.50.

3 47 C.F.R. § 17.21.
4 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f), which applies 
to Section 503(b) of the Act, provides that ``[t]he term 
``willful'', when used with reference to the commission or 
omission of any act, 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 or by a treaty ratified by 
the United States.'' See Southern California Broadcasting Co., 6 
FCC Rcd 4387(1991).

5 47 C.F.R. § 1.80.

6 47 U.S.C. § 503(b).

7 47 C.F.R. §§ 0.111, and 0.311.

8See 47 C.F.R. § 1.1914.