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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-KC-641
)
KN Telecommunications, Inc. ) NAL/Acct. No.200232560030
Owner of Antenna Structure )
#1016749 located ) FRN 0001-6216-89
near Wyman, Iowa )
Lakewood, Colorado
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: August 27, 2002
By the Enforcement Bureau, Kansas City Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find KN Telecommunications, Inc., owner of antenna
structure #1016749, apparently liable for a forfeiture in the
amount of ten thousand dollars ($10,000) for willful violation of
Section 17.50 of the Commission's Rules (``Rules'').1
Specifically, we find KN Telecommunications, Inc. apparently
liable for failure to clean and repaint its antenna structure to
maintain good visibility.
II. BACKGROUND
2. On July 30, 2002, the antenna structure bearing FCC
antenna structure registration (``ASR'') number 1016749 and
located near Wyman, Iowa, was inspected by an agent of the
Commission's Kansas City Field Office. At the time of the
inspection, the structure's aviation orange paint was faded and
black cabling on the outside of the structure covered the painted
metal tower reducing visibility of the structure. The
Commission's ASR database showed this structure is owned by and
registered to KN Telecommunications, Inc.
III. DISCUSSION
3. KN Telecommunications, Inc.'s antenna structure
registration #1016749 specifies light and painting for this
structure that includes requirements that the structure be
painted with alternating aviation orange and white bands.
Section 17.50 of the Rules requires antenna structure owners to
clean or repaint the antenna structure as necessary to maintain
good visibility. On July 30, 2002, KN Telecommunications, Inc.'s
antenna structure had faded aviation orange paint as well as
black cabling on the tower face obscuring the structure's paint.
As a result of the faded paint and black cabling, the structure
was not clearly visible.
4. Based on the evidence before us, we find KN
Telecommunications, Inc. willfully2 violated Section 17.50 of the
Rules by failing to repaint the antenna structure in accordance
with the painting specifications associated with its antenna
structure #1016749.
5. Pursuant to Section 1.80(b)(4) of the Rules,3 the base
forfeiture amount for failing to repaint this structure 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 KN Telecommunications, 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 17.50 of the
Rules by failing to clean and repaint its antenna structure to
maintain good visibility.
7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL, KN
Telecommunications, 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. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to KN Telecommunications, Inc., Attention Robert J. Knievel, 370
Van Gordon, Lakewood, CO 80228.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
District Director, Kansas City Office,
Enforcement Bureau
_________________________
1 47 C.F.R. § 17.50.
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.