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

In the Matter of                   )      File Number EB-02-KC-770
AAT Communications Corporations    )     NAL/Acct. No.200332560005
Owner of Antenna Structure         )
Registration No. 1064351 Located   )              FRN 0003-4776-76
One Mile North of Ellis, Nebraska  )
Iselin, New Jersey


                                  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    AAT   Communications 
Corporations  (``AAT''), owner  of antenna  structure number 
1064351 one mile north of Ellis, Nebraska, apparently liable 
for  a forfeiture  in  the amount  of  ten thousand  dollars 
($10,000)  for willful  and  repeated  violation of  Section 
17.51(a)   of    the   Commission's    Rules   (``Rules'').1  
Specifically, we  find AAT apparently liable  for failing to 
exhibit the prescribed obstruction lighting.

                         II.  BACKGROUND

     2.   On October  3, 2002,  the FCC's Kansas  City Field 
Office (``Kansas  City Office'')  received a  telephone call 
from   the  Federal   Aviation  Administration's   (``FAA'') 
Columbus, Nebraska  Flight Service Office reporting  a light 
outage  on an  antenna structure  one mile  North of  Ellis, 
Nebraska. The FAA  stated that they had  received the outage 
report from  the Beatrice Municipal Airport.    Based on the 
information provided  by the FAA, the  FCC Antenna Structure 
Registration (``ASR'') database  showed the reported antenna 
structure  was #1064351,  located at  the latitude-longitude  
N40 14'  05'', W096 52'  41'' with  a listed height  of 95 
meters (312 feet).  The registered owner of the structure is 
     3.   On October 4,  2002 an agent from  the Kansas City 
Office requested the assistance of the Gage County Sheriff's 
Office to visually inspect  this structure after sunset that 
evening.   The  structure  was  observed at  10:30  PM  that 
evening by  a Deputy Sheriff  and the lights  were confirmed 
     4.     Also on October 4, 2002, the FCC agent contacted 
two individuals  provided by  the airport manager  to verify 
the condition of the  structure lighting.  The first contact 
was the  pilot who had  called the airport about  the lights 
being  out.   The  pilot  stated that  the  lights  on  this 
structure had been  out for at least one  month.  The second 
interview was with the individual that farms the ground were 
the structure is located and he advised that the building at 
the  structure is  not  maintained, having  weeds and  brush 
overgrown around the  structure which led him  to believe it 
had  been abandoned.   The  farmer further  stated that  the 
structure's lights, except for one light, had been out for a 
period of ``several months.''
     5.   Also on  October 4, 2002, the  FCC agent contacted 
AAT  representative  Bob   Roveski  concerning  the  outage.  
During the  interview Mr. Roveski  stated that he  knew that 
his company owned this antenna structure but he did not have 
any information regarding the light  outage or about how the 
structure lights  were monitored or maintained  but he would 
have someone with more information return the agent's call.
     6.   On October  7, 8, 11  and 15, 2002, the  FCC agent 
was contacted  by John Stricko  of AAT.  Mr.  Stricko stated 
that he was responsible  for having their antenna structures 
monitored  and  maintained.   Mr.  Stricko  said  that  this 
structure  was monitored  visually  by a  local person  but, 
after checking his records, was unable to determine the name 
of this person.   Mr. Stricko was also unable  to locate any 
maintenance  records   for  this  structure.    Mr.  Stricko 
reported  that the  structure  lights had  been repaired  on 
October 8, 2002.

                      III.  DISCUSSION

     7.   Section  17.51(a)  requires  all  red  obstruction 
lighting  be   exhibited  from  sunset  to   sunrise  unless 
otherwise  specified.   AAT  owns antenna  structure  number 
1064351.  This  structure is required to  exhibit red lights 
at night as prescribed in the structure's ASR.  On October 3 
and 4, 2002, and for at least one month prior, AAT failed to 
exhibit required red lights on its antenna structure between 
sunset and sunrise.  In addition,  AAT failed to monitor the 
condition of its antenna  structure's lights,2 and failed to 
notify the FAA of the improper functioning of these lights.3          

     8.   Based  on  the evidence  before  us,  we find  AAT 
Communications   Corporations  willfully4   and  repeatedly5 
violated Section 17.51(a) of the Rules by failing to exhibit 
prescribed obstruction lighting.

     9.   Pursuant to Section 1.80(b)(4)  of the Rules,6 the 
base forfeiture amount for failure 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.7  
Considering  the  entire  record and  applying  the  factors 
listed above, this case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     10.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,8  and Sections 0.111,  0.311 and 
1.80  of  the  Rules,9 AAT  Communications  Corporations  is 
in the amount of ten  thousand dollars ($10,000) for willful 
and repeated violation  of Section 17.51(a) of  the Rules by 
failing to exhibit prescribed obstruction lighting.

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

     12.  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. 20554.10

     13.  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.  

     14.  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 

     15.  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.

     16.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt  Requested to  AAT Communications  Corporations, 517 
Route 1 South, Suite 5000, Iselin, NJ 08830.   


                         Robert C. McKinney
                         Kansas  City   Office,  Enforcement 

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

2 Owners of registered antenna structures with assigned 
lighting must monitor the structure's lights to ensure they 
operate properly.  See 47 C.F.R.  17.47.

3 Owners of registered antenna structures with assigned 
lighting must immediately report to the FAA any known 
improper functioning of any top or flashing light.  See 47 
C.F.R.  17.48(a).

4 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 

5 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).

6 47 C.F.R.  1.80(b)(4).

7 47 U.S.C.  503(b)(2)(D).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, 1.80.

10 See 47 C.F.R.  1.1914.