Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


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

In the Matter of                   )
Hoffman Communications,            )     File Number EB-02-NF-130
Incorporated                       )   NAL/Acct. No. 200332640002 
Owner of Antenna Structure         )                  FRN 5011671
Chester, Virginia

                                       Released: December 5, 2002

By the Enforcement Bureau, Norfolk Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),   we   find   Hoffman   Communications,   Incorporated 
(``HCI''), owner of antenna structure number 1040998 in  Chester, 
Virginia, apparently liable for a forfeiture in the amount of ten 
thousand dollars ($10,000) for willful and repeated violation  of 
Section   17.50   of   the   Commission's   Rules   (``Rules'').1  
Specifically, we  find  HCI  apparently  liable  for  failing  to 
maintain good visibility of its antenna structure.

                         II.  BACKGROUND

     2.   HCI  obtained   an   Antenna   Structure   Registration 
(``ASR'') number of  1040998 for its  structure located at  10600 
Jefferson Davis Highway, Chester, Virginia, at the North American 
Datum 1927 coordinates of North 37 22' 52" and West 077 25'  24."  
The ASR listed the structure height of 109.3 meters above  ground 
level and it prescribed painting and lighting in accordance  with 
the Federal Aviation  Administration Circular Number  70/7460-1J, 
Chapters 3, 4, 5 and 13.

     3.   On March 11, 1999, an agent of the Commission's Norfolk 
Resident  Agent  Office  (``Norfolk  Office'')  inspected   HCI's 
antenna structure  number  1040998.   The agent  found  that  the 
structure's paint provided poor  visibility.  On April 13,  1999, 
the Norfolk Office released a Notice of Violation to HCI  citing, 
inter alia, violation of Section  17.50 of the Rules for  failing 
to clean  or  repaint  its antenna  structure  to  maintain  good 
visibility.  In response,  HCI wrote that  it planned to  replace 
its antenna structure.

     4.   On August 20,  2002, an agent  from the Norfolk  Office 
inspected HCI's  antenna  structure number  1040998.   The  agent 
found  the   structure's  paint   deteriorated  such   that   the 
contrasting  color  bands  could  not  be  easily  distinguished, 
resulting in  poor  visibility  of the  structure.   HCI's  vice-
president stated  that  the  structure's markings  had  not  been 
repainted since the March 11, 1999, inspection because HCI  could 
not find a tower company that would climb the structure.

                        III.  DISCUSSION

     5.   Section 17.50 of the  Rules requires antenna  structure 
owners to clean or repaint their structures as often as necessary 
to maintain  good visibility  when painting  is required.   HCI's 
structure required painting,  but from March  19, 1999 to  August 
20, 2002, HCI failed to repaint it to maintain good visibility. 

     6.   Based on the evidence before us, we find HCI willfully2 
and repeatedly3 violated Section 17.50 of the Rules by failing to 
clean  or  repaint  its   antenna  structure  to  maintain   good 

     7.   Pursuant to Section 1.80(b)(4) of the Rules,4 the  base 
forfeiture amount for failing to comply with prescribed  lighting 
or 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)(D) of the Communications Act of  1934, 
as amended (``Act''),  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.5  Considering the entire record and applying the factors 
listed above, this case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,6 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,7 HCI is hereby NOTIFIED  of this APPARENT LIABILITY FOR  A 
FORFEITURE in the  amount of ten  thousand dollars ($10,000)  for 
willful and repeated violation of  Section 17.50 of the Rules  by 
failing to clean  or repaint  its antenna  structure to  maintain 
good visibility.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
HCI SHALL PAY the full amount of the proposed forfeiture or SHALL 
FILE a written statement seeking reduction or cancellation of the 
proposed forfeiture.

     10.  Payment of  the forfeiture  may be  made 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. and FRN referenced above.  Requests for payment  of 
the full amount of this NAL  under an installment plan should  be 
sent to:  Chief, Revenue  and Receivables  Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.8

     11.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street  SW,  Washington  DC  20554,  Attn:  Enforcement   Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct. 
No. referenced above.  

     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  documentation 

     13.  Under the Small Business Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate filing  to be  sent  to the  Technical &  Public  Safety 
Division.   Your  certification  should  indicate  whether   you, 
including your parent  entity and its  subsidiaries, meet one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of Communications Business Opportunities (OCBO) set  forth 
in Attachment  A  of this  Notice  of Apparent  Liability.   This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b)  of  the  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.

     14.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Hoffman Communications, Incorporated, PO Box 676, Chester,  VA 


                         Joseph P. Husnay
                         Resident Agent, Norfolk Office, 
Enforcement BureauHoffman Communications Incorporated
PO Box 676 
Chester, VA  23831

Hoffman Communications Incorporated
PO Box 676 
Chester, VA  23831

1 47 C.F.R.  17.50.

2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed under 
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 . . . .''  See Southern California Broadcasting Co., 6 
FCC Rcd 4387-88 (1991).

3 The 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.''  47 U.S.C.  

4 47 C.F.R.  1.80(b)(4).

5 47 U.S.C.  503(b)(2)(D).

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, 0.311, 1.80.

8 See 47 C.F.R.  1.1914.