Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
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 ) File Number EB-02-TP-382
)
C. Elton Crews, Inc. ) NAL/Acct. No.200332700004
Owner of Antenna Structure )
Registration Number 1204823 ) FRN 0006-6405-10
Avon Park, Florida )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 29, 2002
By the Enforcement Bureau, Tampa Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find C. Elton Crews, Inc., owner of antenna
structure #1204823 in Avon Park, Florida, apparently liable for a
forfeiture in the amount of ten thousand dollars ($10,000) for
willful violation of 17.51 of the Commission's Rules
(``Rules'').1 Specifically, we find that C. Elton Crews, Inc. is
apparently liable for failing to exhibit required medium
intensity obstruction lighting on its antenna structure #1204823.
II. BACKGROUND
2. On July 26, 2002, agents from the FCC Enforcement
Bureau, Tampa Office, observed during daylight hours that
structure #1204823 was not illuminated per its assigned painting
and lighting specifications in that no white medium intensity
lighting was exhibited on the structure. Although the antenna
structure was painted, coaxial cables mounted along the southwest
side of the structure obstructed the visibility of the structure.
Robert Crews of C. Elton Crews stated that, to his knowledge, no
strobe lights had ever been exhibited during the day on the
antenna structure. The Commission's Antenna Structure
Registration (``ASR'') database showed that C. Elton Crews, Inc.
owns the antenna structure. The structure's ASR specifies that
the structure be lit with a medium intensity dual lighting
system.
III. DISCUSSION
3. Section 17.51 requires that all high intensity and
medium intensity obstruction lighting be exhibited continuously
unless otherwise specified. On July 26, 2002, C. Elton Crews,
Inc. failed to exhibit medium intensity obstruction lighting on
structure #1204823 in accordance with its registration
requirements.
4. Based on the evidence before us, we find C. Elton
Crews, Inc. willfully2 violated Section 17.51 of the Rules by
failing to exhibit required tower lights on its antenna structure
#1204823.
5. Pursuant to Section 1.80(b)(4) of the Rules,3 the base
forfeiture amount for failure to exhibit obstruction lighting 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.4 Considering
the entire record and applying the factors listed above, this
case warrants a $10,000 forfeiture.
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the
Rules,6 C. Elton Crews, Inc. is hereby NOTIFIED of this APPARENT
LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars
($10,000) for willful violation of Section 17.51 of the Rules by
failing to exhibit required medium intensity obstruction lighting
on its antenna structure #1204823.
7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL, C.
Elton Crews, Inc. SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
8. 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. 20554.7
9. 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.
10. 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.
11. 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.
12. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to C. Elton Crews, Inc., P. O. Box 1117, Avon Park, Florida
33826-1117.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
Tampa Office, Enforcement Bureau
Attachment
_________________________
1 47 C.F.R. § 17.51.
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 47 C.F.R. § 1.80(b)(4).
4 47 U.S.C. § 503(b)(2)(D).
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80.
7 See 47 C.F.R. § 1.1914.