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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                   )     File Number EB-02-AT-322
Barinowski Investment Company, LP  )    NAL/Acct. No.200232480030
Owner of Antenna Structure         )
#1062662 near Savannah, Georgia    )             FRN 0006-1664-09
Augusta, Georgia                   )


                                     Released: September 30, 2002

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),   we   find   Barinowski   Investment   Company,    LP 
(``Barinowski''), owner of antenna structure #1062662, 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 
Barinowski Investment Company, LP  apparently liable for  failure 
to clean  and  repaint its  antenna  structure to  maintain  good 

                         II.  BACKGROUND

     2.   On August 28, 2002,  the antenna structure bearing  FCC 
antenna  structure  registration  (``ASR'')  number  1062662  and 
located near Savannah, Georgia was  inspected by an agent of  the 
Commission's Atlanta Field  Office (``Atlanta  Office''). At  the 
time of inspection,  black cabling  on the outside  of all  three 
sides of the structure covered  the painted metal tower  reducing 
visibility of  the  structure.   The  Commission's  ASR  database 
showed this structure is owned and registered to Barinowski.

     3.   On September  12,  2002, a  Barinowski  contact  person 
stated during a telephone interview with an agent of the  Atlanta 
Office, that Barinowski owned  the antenna structure bearing  ASR 
number 1062662, that personnel were aware of the cabling  problem 
affecting the visibility of this antenna structure, and that they 
had contracted  to  have  the  tower  repainted  as  soon  as  an 
additional tenant was added to the structure.

                        III.  DISCUSSION

     4.   Barinowski's antenna  structure  registration  #1062662 
specifies lighting 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 
structure as necessary  to maintain good  visibility.  On  August 
28, 2002,  Barinowski's  antenna  structure  #1062662  had  black 
cabling on the  tower faces obscuring  the structure's paint  and 
causing the structure to have an overall dark appearance over the 
entire length of the structure.  As a result of this cabling, the 
structure was not clearly visible. 

     5.   Barinowski personnel  stated that  they had  begun  the 
process of contracting to have the structure repainted,  however, 
visibility of  the  structure  at  the  time  of  inspection  was 
diminished during daylight hours.

     6.   Based on  the evidence  before us,  we find  Barinowski 
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 #1062662.

     7.   Pursuant to Section 1.80(b)(4) of the Rules,3 the  base 
forfeiture amount  for  failure  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 forfeiture of $10,000.

                      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 Barinowski Investment Company,  LP 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.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Barinowski Investment Company,  LP 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. 20554.7

     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.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Barinowski Investment Company, LP, 3213 Huxley Drive, Augusta, 
GA 30909.  A  copy shall  also be sent  to Barinowski  Investment 
Company, LP, 2278 Wortham Lane, Grovetown, GA 30813.  



                         Fred L. Broce
                         District Director
                         Atlanta 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.