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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-AT-321
Signal One, LLC ) NAL/Acct. No.200232480029
Owner of Antenna Structure )
#1216312 in Madisonville, ) FRN 0005-8247-27
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: September 30, 2002
By the Enforcement Bureau, Atlanta Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Signal One, LLC (``Signal One''), owner of
antenna structure #1216312, apparently liable for a forfeiture in
the amount of ten thousand dollars ($10,000) for willful and
repeated violation of Section 17.51(b) of the Commission's Rules
(``Rules'').1 Specifically, we find Signal One, LLC apparently
liable for failure to continuously exhibit all medium intensity
obstruction lighting during daytime hours.
2. On July 29 and 30, 2002, the antenna structure
associated with FCC antenna structure registration (``ASR'')
#1216312 and located near Madisonville, Tennessee, was inspected
by an agent of the Commission's Atlanta Field Office (``Atlanta
Office''). At the time of inspection, 9:45 a.m. on July 29,
2002, and 1:30 p.m. on July 30, 2002, the unpainted structure had
no medium obstruction lighting in operation.
3. On July 30, 2002, an agent of the Atlanta Office
determined from the Commission ASR database that antenna
structure #1216312 was registered to Signal One and that the
registration included requirements to maintain a dual lighting
system that included medium intensity obstruction lighting during
daylight operation. The agent telephoned the listed contact
person for Signal One who stated she would check on the outage.
The agent telephoned the nearest Flight Service Station of the
Federal Aviation Administration (``FAA''), which verified that it
had received no report of a light outage for this antenna
4. On July 30, 2002, Signal One's contact person, Tess
Jameson, contacted the agent of the Atlanta Office via telephone.
According to Ms. Jameson, the structure lighting is monitored by
an automatic alarm system, a manual pole of the lighting alarm on
this antenna structure failed, and a light outage report was
being made to the FAA because of the alarm poling failure. A
technician was also being dispatched to check and repair the
tower lighting and alarm.
5. Section 17.51(b) of the Rules requires that all medium
intensity obstruction lighting be exhibited continuously unless
otherwise specified. Signal One's antenna structure #1216312 is
required to exhibit medium intensity obstruction lighting during
daylight hours and red lighting at night. At the time of
inspection on July 29 and 30, 2002, no medium intensity
obstruction lighting was observed on Signal One's antenna
structure #1216312. Signal One had not notified the FAA of the
6. Based on the evidence before us, we find Signal One
willfully3 and repeatedly4 violated Section 17.51(b) of the Rules
by failing to continuously exhibit medium intensity obstruction
lighting during daylight hours.
7. Pursuant to Section 1.80(b)(4) of the Rules,5 the base
forfeiture amount for failure to comply with prescribed antenna
structure lighting 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.6 Considering the entire record and applying
the factors listed above, this case warrants a forfeiture of
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the
Rules,8 Signal One, LLC is hereby NOTIFIED of this APPARENT
LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars
($10,000) for willful and repeated violation of Section 17.51(b)
of the Rules by failing to continuously exhibit medium intensity
obstruction lighting during daylight hours.
9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
Signal One, LLC SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
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, D.C. 20554.9
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. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to Signal One LLC, 5751 Uptain Road, Suite 407, Chattanooga,
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
Atlanta Office, Enforcement Bureau
1 47 C.F.R. § 17.51(b).
2 The owner of any registered antenna structure must report
immediately to the nearest flight service station of the FAA any
observed or otherwise known extinquishment or improper
functioning of any flashing obstruction light not corrected
within 30 minutes. See 47 C.F.R. § 17.48(a).
3 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).
4 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. §
5 47 C.F.R. § 1.80(b)(4).
6 47 U.S.C. § 503(b)(2)(D).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, 1.80.
9 See 47 C.F.R. § 1.1914.