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

In the Matter of                   )      File Number EB-02-KC-755
Steven D. Semon, Jackie L. Semon   )    NAL/Acct. No. 200332560004
dba Sedalia Smiles, Owner of       )
Antenna Structure  #1010169        )              FRN 0005-8717-93
near Everton, Missouri             )
Sedalia, Missouri


                                  Released: November 5, 2002

By the Enforcement Bureau, Kansas City Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''), we find Steven D. Semon and  Jackie L. 
Semon  dba Sedalia  Smiles  (``Sedalia  Smiles''), owner  of 
antenna structure #1010169 near Everton, Missouri, willfully 
and repeatedly violated Section 17.51(b) of the Commission's 
Rules  (``Rules'')1  by  failing to  exhibit  lighting.   We 
conclude  that  Sedalia  Smiles  is  apparently  liable  for 
forfeiture in the amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On September 17, 2002, the Commission's Kansas 
City Field Office (``Kansas City Office'') received 
information of a citizen's report regarding antenna 
structure #1010169 that had been completely dark for an 
extended period of time. The citizen reported that the 
structure's lights were observed out for at least a week 
and, using information posted at the structure, he had 
placed a call on September 10, 2002, to the posted number 
advising of the light outage with no results.  The citizen 
provided a copy of his telephone bill showing a call made on 
September 10, 2002, to the contact number for the structure.  
The Commission's Antenna Structure Registration (``ASR'') 
database showed the reported structure number 1010169 is 
owned by Sedalia Smiles.  The FCC Enforcement Bureau's 
Communications and Crisis Management Center (``CCMC'') 
placed a call to the contact number in the ASR database.  
Mr. Jerry Visentin, of Sedalia Smiles, stated that the 
lighting outage would be reported to the structure owner who 
was currently out of town and that tower lighting repair 
parts had been received for the structure.  Mr. Visentin 
called back to the CMCC a short time later to obtain the 
Federal Aviation Administration (``FAA'') phone number that 
would allow reporting of the lighting malfunction.

     3.   On September 18, 2002, an agent from the Kansas 
City Office interviewed Mr. Visentin of Sedalia Smiles by 
telephone.  Mr. Visentin stated that Sedalia Smiles had not 
contacted the FAA until they were notified of the light 
outage by the FCC on September, 17, 2002.  Also on September 
18, 2002, the agent interviewed by telephone Mr. Steven 
Semon of Sedalia Smiles.  Mr. Semon stated that the 
structure's lighting was supposed to be checked visually by 
a person living close to the tower, that Sedalia Smiles was 
informed by the citizen of the light outage on September 10, 
2002, but that no report had been made to the FAA until 
contacted by the FCC on September 17, 2002.


                      III.  DISCUSSION

     7.   Section 17.51(b)  of the  Rules requires  all high 
intensity  and  medium  intensity  obstruction  lighting  be 
exhibited  continuously  unless  otherwise  specified.   FAA 
specifications and  the FCC  ASR for this  structure require 
lighting.   Sedalia Smiles  failed to  exhibit the  required 
obstruction  lighting from  at least  September 10,  2002 to 
September 17,  2002.  In addition, Sedalia  Smiles failed to 
immediately notify the  FAA of the light  outage after being 
informed of the outage on September 10, 2002.2

     8.  Based  on the evidence  before us, we  find Sedalia 
Smiles willfully3 and  repeatedly4 violated Section 17.51(b) 
of  the Rules  by  failing to  exhibit required  obstruction 
lighting from  at least September 10,  2002, until September 
17, 2002.

     9.  Pursuant  to Section  1.80(b)(4) of the  Rules, the 
base forfeiture  amount for  failure to  exhibit obstruction 
lighting is $10,000.5  In  assessing the monetary forfeiture 
amount, we must take into  account the statutory factors set 
forth in  Section 503(b)(2)(D) of the  Communications Act of 
1934,  as amended,  (``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.  Considering  the  entire 
record  and applying  the  factors listed  above, this  case 
warrants a $10,000 forfeiture.

                       IV.  ORDERING CLAUSES

     9.  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 Sedalia Smiles is hereby NOTIFIED of 
ten thousand dollars ($10,000) for willful and repeated 
violation of Section 17.51(b) of the Rules by failing to 
exhibit the required antenna structure lighting.

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

     11.  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. 20554.9

     12.  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.  

     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 

     14.  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.

     15.   IT IS  FURTHER ORDERED  THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested to Steven D. Semon and Jackie L. Semon dba 
Sedalia Smiles, 720 W. Fifth St., Sedalia, MO.  65301.   


                         Robert C. McKinney
                         District Director
                         Kansas City Office
                         Enforcement Bureau


1 47 C.F.R.  17.51(b).

2 Owners of registered antenna structures must immediately 
notify the FAA of any known improper functioning of any top 
or flashing 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 

4 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.  312(f)(2).

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.