Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-OR-194
Titan Towers, LP ) NAL/Acct.No. 200232620009
Owner of Antenna Structure, No. )
1233271 near Pine Bluff, ) FRN 0004-5429-99
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 22, 2002
By the Enforcement Bureau, New Orleans Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Titan Towers, LP (``Titan''), owner of
antenna structure number 1233271, apparently liable for a
forfeiture in the amount of three thousand dollars ($3,000)
for willful violation of Section 17.4(g) of the Commission's
Rules (``Rules'').1 Specifically, we find Titan apparently
liable for failing to display the Antenna Structure
Registration (``ASR'') number on its antenna structure near
Pine Bluff, Arkansas.
2. On May 22, 2002, an agent from the FCC Enforcement
Bureau's New Orleans Field Office inspected antenna
structure number 1233271 near Pine Bluff, Arkansas, and
observed that the ASR number was not posted anywhere near
the base of the structure.
3. On May 28, 2002, a search of the Commission's
records showed this structure to be registered and owned by
Titan. The records further showed this structure was
constructed on April 16, 2002.
4. Section 17.4(g) of the Rules requires that the
antenna structure registration number be displayed in a
conspicuous place so that it is readily visible near the
base of the antenna structure. The antenna structure was
observed on May 22, 2002, and no ASR number was visible.
5. Based on the evidence before us, we find that on
May 22, 2002, Titan willfully2 violated Section 17.4(g) of
the Rules by failing to display the ASR number.
6. Section 1.80(b)(4) of the Rules3 does not establish
a base forfeiture amount for failure to post the antenna
structure registration number.4 The Commission has
determined, however, that an appropriate base forfeiture
amount for failure to post the ASR number is $2,000 per
violation.5 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.6 Titan's compliance record
shows a history of three identical violations from June 22,
1999, to April 5, 2002.7 Considering the entire record,
including Titan's history of non-compliance, and applying
the statutory factors listed above, this case warrants an
upwards adjustment of the base forfeiture amount from $2,000
IV. ORDERING CLAUSES
7. 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 Titan Towers, LP is hereby NOTIFIED of
this APPARENT LIABILITY FOR A FORFEITURE in the amount of
three thousand dollars ($3,000) for willful violation of
Section 17.4(g) of the Commission's Rules.
8. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Titan Towers, LP SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed
9. 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. Request for payment of the full amount of NAL under
an installment plan should be sent to: Chief, Revenue and
Receivable Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.10
10. 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.
11. 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
12. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Titan Towers, LP at 1500 Industrial
Blvd., Suite 300E, Abilene, Texas, 79602.
James C. Hawkins
District Director, New Orleans
1 47 C.F.R. § 17.4(g).
2 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies equally to 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
3 47 C.F.R. § 1.80(b)(4).
4 See The Commission's Forfeiture Policy Statement and
Amendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines (``Forfeiture Policy Statement''),
12FCC RCD 17087 (1997), recon. denied 15FCC Rcd 303 (1999).
The Forfeiture Policy Statement states that ``...any
omission of a specific rule violation from the
...[forfeiture guidelines]... should not signal that the
Commission considers any unlisted violation as nonexistent
or unimportant. Forfeiture Policy Statement, 12 FCC Rcd at
17099. The Commission retains the discretion, moreover, to
depart from the Forfeiture Policy Statement and issue
forfeitures on a case by case basis, under its general
authority contained in Section 503 of the Act. Id.
5 American Tower Corporation, 16 FCC Rcd 1282 (2001).
6 47 U.S.C. § 503 (b)(2)(D).
7 Notice of Violation (``NOV'') issued by the Detroit Field
Office on April 25, 2002, for failure to post ASR number on
April 5, 2002; NOV issued by the Denver Field Office on
August 18, 2000, for failure to post ASR number on July 20,
2000; NOV issued by the Dallas Field Office on June 28,
1999, for failure to post ASR number on June 22, 1999.
47 U.S.C. § 503(b).
47 C.F.R. §§ 0.111, 0.311, 1.80.
10 See 47 C.F.R. § 1.1914.