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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File Number: EB-02-AT-
Fun Media Group, Inc. ) 379
Owner of Antenna Structure # )
1043249 in ) NAL/Acct. No.
Scant City, Alabama ) 200332480012
Arab, Alabama )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 6,
By the Enforcement Bureau, Atlanta office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find that Fun Media Group, Inc., owner of antenna
structure #1043249, willfully and repeatedly violated Section
17.50 of the Commission's Rules (``Rules'')1 by failing to clean
and repaint its antenna structure to maintain good visibility.
We conclude that Fun Media Group, Inc. is apparently liable for a
forfeiture in the amount of ten thousand dollars ($10,000).
2. Fun Media Group, Inc. is the registered owner of a 500-
foot tall antenna structure located in Scant City, Alabama. This
structure is assigned antenna structure registration (``ASR'')
#1043249. The structure is assigned obstruction lighting and
marking requirements that include alternate painted bands of
aviation orange and white.
3. On October 29, 2002, the Commission's Atlanta Field
Office (``Atlanta Office'') received a complaint from a private
pilot who stated he came close to hitting a 500-foot tower near
Arab, Alabama while conducting aerial photography. The pilot
described the tower as being severely rusted causing it to blend
in with the area terrain.
4. On October 30, 2002, an agent of the Atlanta Office
inspected the antenna structure bearing FCC ASR #1043249 located
in Scant City, Alabama. At the time of inspection, the
structure's paint was severely chipped and faded, resulting in
poor visibility of the structure.
5. Section 17.50 of the Rules states that antenna
structures requiring painting under this part shall be cleaned or
repainted as often as necessary to maintain good visibility. The
antenna structure owner is responsible for maintaining a
structure's painting and lighting.2 Fun Media Group, Inc. is the
registered owner of antenna structure #1043249. This structure
is assigned obstruction marking requirements that include
alternate painted bands of aviation orange and white. On October
29 and 30, 2002, the paint on Fun Media Group's antenna structure
had deteriorated to the point of being a hazard to air navigation
due to the poor visibility of the tower.
6. Based on the evidence before us, we find Fun Media
Group, Inc. willfully and repeatedly violated Section 17.50 of
the Rules by failing to clean or repaint its antenna structure to
maintain good visibility.
7. Pursuant to Section 1.80(b)(4) of the Rules,3 the base
forfeiture amount for failure to comply with prescribed lighting
and/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.4 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,5 and Sections 0.111, 0.311 and 1.80 of the
Rules,6 Fun Media Group, Inc. is hereby NOTIFIED of its APPARENT
LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars
($10,000) for willful and repeated violation of Section 17.50 of
the Commissions Rules by failing to clean or repaint its antenna
structure as often as necessary to maintain good visibility.
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, Fun Media Group, Inc., SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
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 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, DC 20554.7
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/Acct. No. referenced 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
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 and 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 NAL shall be
sent by Certified Mail, Return Receipt Requested, to Fun Media
Group, Inc., 981 North Brindlee Mountain Parkway, Arab, Alabama
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
District Director, Atlanta Office
1 47 C.F.R. § 17.50.
2 See 47 C.F.R. § 17.6(a).
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 and 0.311.
7 See 47 C.F.R. § 1.1914.