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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 )
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 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
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.
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.
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
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.