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.


                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
In the Matter of                 )
Florida Power and Light Company  )       File Number EB-01-TP-371
9250 West Flagler Street         )
Miami, FL  33174                 )      NAL/Acct.No. 200232700003
Antenna Structure Registration   )       FRN Number: 0001-8253-14
1061028                          )
Miami, FL  33174


                                       Released:  January 8, 2002

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that  Florida Power  and Light  Company apparently  violated 
Section 17.51(a)1  of  the  Commission's  Rules,  by  failing  to 
exhibit all red  obstruction lighting from  sunset to sunrise  on 
antenna structure (ASR #  1061028) located in  Palm Bay, FL.   We 
conclude that  Florida  Power  and Light  Company  is  apparently 
liable for a  forfeiture in  the amount of  ten thousand  dollars 
                         II.  BACKGROUND

     2.   On September 12, 2001, the FCC Enforcement Bureau's 
Technical and Public Safety Division (``TPSD''), forwarded a 
complaint to the FCC's Tampa Field Office (``Field Office'') 
regarding a lighting problem associated with antenna structure 
1061028 in Palm Bay, FL.  The complaint stated that the problem 
existed for approximately one year.  The complainant attempted on 
several occasions to contact the antenna structure owner but was 
unable to satisfactorily resolve the lighting problem.  The FCC's  
Antenna Structure Registration Database confirmed that Florida 
Power and Light Company was the owner of the site assigned ASR 
number 1061028.  The Field Office contacted Florida Power and 
Light Company that day to determine the status of the lights on 
antenna structure 1061028.

     3.   On September 13, 2001, Mr. Michael Lawler from Florida 
Power and Light Company left a phone message that the Palm Bay 
Tower, ASR #1061028, lights were repaired the previous evening.

     4.  On October 29, 2001, the FCC Enforcement Bureau, TPSD, 
forwarded another complaint to the Field Office regarding the 
lighting problem associated with Antenna Structure 1061028.  The 
complaint stated that the red strobe tubes were removed due to 
interference and for the last several months, white daylights 
were flashing 24 hours a day and the obstruction lights were on 

     5. On October 30, 2001 at 10:15 AM, the Field Office 
contacted the Federal Aviation 
Administration (FAA) who advised that a NOTAM had not been issued 
for this antenna structure site.  The FCC form 854 Application on 
file with the Commission specifies that structure 1061028 is to 
be painted and exhibit red obstruction lights from sunset to 
sunrise.  The Field Office attempted to again contact Mr. Lawler 
with Florida Power and Light Company, whose voice mail message 
indicated that he was out of the office until October 31, 2001.  
The Field Office then contacted Mr. Tony Padilla with Florida 
Power and Light Company whose name is provided on the FCC 854 
Application on file with the Commission.   Padilla stated that he 
would investigate and provide the status of the lights and 
lighting specifications for this structure.

     6.  On November 9, 2001, the Field Office left a voice mail 
message for both Lawler and Padilla at Florida Power and Light 
Company requesting the status of the lights on antenna structure 
1061028.  No response has been received.  

     7.  November 19, 2001, the FAA confirmed that a NOTAM still 
was not issued for this antenna structure.  The FAA also 
confirmed that the lighting specifications for this structure are 
Medium Dual; medium white strobe lights during the day and red 
lights at night.  

     8.  On November 27, 2001, agents from the Field Office 
performed an on-scene inspection of the antenna structure site.  
The agents observed the structure at approximately 4:25 PM.  
During the inspection, the agents observed strobe lighting at the 
top and strobe lighting in the middle of the structure which were 
flashing.  Red sidelights were observed at the 1/3 and 2/3 
levels, and red beacons were installed at the middle of the 
structure.  A red beacon was also installed at the top of the 
structure. The structure was not painted.  Antenna Structure 
Registration number 1061028 was posted at the site.   
     9.  On November 27, 2001, Tampa Office agents returned to 
the site after sunset at approximately 6:00 PM.  The agents noted 
that the only red lights illuminated were at the 2/3 level 
sidelights.  A white light was flashing at the top.  In the 
middle of the structure, a white light was flashing only on the 
south side of the structure.  No other white lights were 
illuminated at this location on the structure.  No red beacons 
were lit in the middle of the structure.  The red sidelights at 
the 1/3 level were not lit. 

                        III.  DISCUSSION

     10.  Section 17.51(a)  of the  Commission's Rules2  requires 
that all red obstruction lighting shall be exhibited from  sunset 
to  sunrise  unless  otherwise   specified.   On  at  least   two 
occasions, the  Field Office  notified  Florida Power  and  Light 
Company of  complaints of  lighting  violations on  this  antenna 
structure.  On  November 27,  2001 Field  Office agents  observed 
that red obstruction lights on antenna structure 1061028 were not 
illuminated between  sunset and  sunrise.   The FAA  received  no 
notification of  tower light  malfunctions  for this  tower  from 
Florida Power and Light Company.  We find that Florida Power  and 

Company willfully3 violated section 17.51(a) of the  Commission's 
Rules by  failing  to  properly exhibit  red  obstruction  lights 
between sunset and sunrise.

     11.  Pursuant  to  Section 1.80(b)(4)  of  the  Commission's 
Rules4, the base  forfeiture amount  for failure  to comply  with 
prescribed  lighting   and/or   marking  is   $10,000.    Section 
503(b)(2)(D) of the Act  requires us to  take into account  ``... 
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.''5   Considering the  entire record  and 
applying the statutory factors listed above, this case warrants a 
$10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     12.  Accordingly, IT  IS ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended,6  and 
Sections 0.111,  0.311  and  1.80  of  the  Commission's  Rules,7 
Florida Power  and  Light  Company  is  hereby  NOTIFIED  of  its 
APPARENT LIABILITY FOR A  FORFEITURE in the  amount of amount  of 
$10,000 for  violation of  Section 17.51(a)  of the  Commission's 

     13.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,9 within thirty  days of the release  date 
of this NOTICE  OF APPARENT  LIABILITY, Florida  Power and  Light 
Company SHALL PAY the full  amount of the proposed forfeiture  or 
SHALL FILE a written statement seeking reduction or  cancellation 
of the proposed forfeiture.

     14.  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  No.  0001-8253-14  referenced  in   the 
letterhead above.

     15.  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.  and  FRN  No.  0001-8253-14  referenced  in   the 
letterhead above.

     16.  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.  

     17.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.10 

     18.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Florida Power and Light Company at 9250 West Flagler 
Street, Miami, FL  33174.

                              FEDERAL COMMUNICATIONS COMMISSION

                              Ralph M. Barlow 
                              District Director, Tampa Office
                              Enforcement Bureau

1 47 C.F.R.  17.51(a)
2 47 C.F.R.  17.51(a)
3 ``The 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 (1991).
4 47 C.F.R.  1.80(b)(4)
5 47 U.S.C.  503 (b)(2)(D)
6 47 U.S.C.  503(b).
7 47 C.F.R.  0.111, 0.311, 1.80.
8 47 C.F.R.  17.51(a)
9 47 C.F.R.  1.80.
10 See 47 C.F.R.  1.1914.