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                           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                 )


                                      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 

                        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 

     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 

     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 

     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 


                         Ralph M. Barlow
                         Tampa Office, Enforcement Bureau


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.