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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-TP-488
)
M/A Com Private Radio Systems, ) NAL/Acct. No.200332700002
Inc. )
Owner of Antenna Structure ) FRN # 0005833058
Registration Number 1233515 in )
Clarksville, Florida
Lynchburg, Virginia
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 22, 2002
By the Enforcement Bureau, Tampa Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we
find M/A Com Private Radio Systems, Inc. (``M/A''), owner of
antenna structure 1233515 in Clarksville, Florida, willfully and
repeatedly violated Section 17.51 of the Commission's Rules
(``Rules'')1 by failing to exhibit medium intensity obstruction
lighting on structure 1233515. We conclude that M/A is
apparently liable for a forfeiture in the amount of ten thousand
dollars ($10,000).
II. BACKGROUND
2. Antenna structure #1233515 is located in Clarksville,
Florida. M/A is the registered owner of this structure. The
structure's Antenna Structure Registration (``ASR'') specifies
that the structure be lit with a medium intensity dual lighting
system.
3. On August 6, 2002, an agent from the FCC Enforcement
Bureau, Tampa Office observed that structure 1233515 was not
illuminated per its assigned painting and lighting specifications
in that the top strobe light was extinguished. An FCC agent
contacted the Federal Aviation Administration (``FAA'') who
confirmed that a NOTAM had not been requested by the structure
owner.
4. On August 7, 2002, agents from the FCC Enforcement
Bureau, Tampa Office observed that structure 1233515 was not
illuminated per its assigned painting and lighting specifications
in that the top strobe light was extinguished.
· III. DISCUSSION
5. Section 17.51 requires that all high intensity and
medium intensity obstruction lighting should be exhibited
continuously unless otherwise specified. On August 6 and August
7, 2002, M/A failed to exhibit required medium intensity
obstruction lighting on structure 1233515 in accordance with its
registration requirements. M/A had made no report of the light
outage to the FAA.2
6. Based on the evidence before us, we find that on August
6 and August 7, 2002, M/A willfully3 and repeatedly4 violated
Section 17.51 of the Rules by failing to exhibit tower lights on
structure 1233515.
7. Pursuant to Section 1.80(b)(4) of the Rules,5 the base
forfeiture amount for failure to exhibit obstruction lighting is
$10,000. Section 503(b)(2)(D) of the Communications Act of 1934,
as amended (``Act''), requires us to take into account ``...the
nature, circumstances, extent, and gravity of the violation, and
with respect to the violator, the degree of culpability, any
history or prior offenses, ability to pay, and other such matters
as justice may require.''6 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,7 and Sections 0.111, 0.311 and 1.80 of the
Rules,8 M/A Com Private Radio Systems, Inc. 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 17.51 of the Rules by failing to exhibit obstruction
lighting on structure 1233515 in Clarksville, Florida.
9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this Notice
of Apparent Liability, M/A Com Private Radio Systems, Inc., 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 in the letterhead above.
Requests for payment of the full amount of this Notice of
Apparent Liability under an installment plan should be sent to:
Federal Communications Commission, Chief, Revenue and Receivables
Operations Group, 445 12th Street, SW, Washington, DC 20554.9
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/and
FRN referenced in the letterhead 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
submitted.
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 Notice of
Apparent Liability shall be sent by regular mail and Certified
Mail Return Receipt Requested to M/A Com Private Radio Systems,
Inc., 3315 Old Forest Road, Lynchburg, VA 24501.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director - Tampa Office
Enforcement Bureau
Attachment.
_________________________
1 47 C.F.R. § 17.51.
2 Registered antenna structure owners must notify the FAA of any
known improper functioning of any top light or any flashing
obstruction light. See 47 C.F.R. § 17.48(a).
3 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).
4 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which
applies equally to 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.''
5 47 C.F.R. § 1.80(b)(4).
6 47 U.S.C. § 503(b)(2)(D).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, 1.80.
9 See 47 C.F.R. § 1.1914.