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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Kilgore Video, Inc. ) File No. EB-02-DL-0184
)
Owner of Antenna Supporting Structure 1054515 )
NAL/Acct.No. 200232500004
)
Kilgore, TX ) FRN 0005-0287-41
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 11, 2002
By the Enforcement Bureau, Dallas Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we
find that Kilgore Video, Inc. (``Kilgore Video''), owner of
antenna structure number 1054515, willfully violated Section
17.50 of the Commission's Rules (``Rules'').1 Kilgore Video
failed to maintain specified painting on their registered antenna
supporting structure. We conclude Kilgore Video is apparently
liable for a forfeiture in the amount of ten thousand dollars
($10,000).
II. BACKGROUND
·
2. Kilgore Video is the registered owner of antenna
supporting structure with Antenna Structure Registration
(``ASR'') number 1054515 located near Kilgore, Texas at
geographical coordinates 32° 21' 07''N / 094° 51'06''W. This
structure's ASR specifies that the structure be painted.
3. On April 19, 2002, an agent from the Commission's
Dallas Office inspected Kilgore Video's antenna structure number
1054515 near Kilgore, Texas. The agent observed that the
required painting on the antenna structure was faded such that it
significantly failed to provide good visibility.
III. DISCUSSION
4. Section 17.50 of the Rules states that ``[a]ntenna
structures requiring painting under this part shall be cleaned or
repainted as often as necessary to maintain good visibility.''
On April 19, 2002, Kilgore Video's antenna structure number
1054515, which was required to be painted, had significantly
faded paint resulting in poor visibility of the structure.
5. Based on the evidence before us, we find that on April
19, 2002, Kilgore Video willfully2 violated Section 17.50 of the
Rules by failing to clean or repaint its antenna structure as
often as necessary to maintain good visibility.
6. Pursuant to Section 1.80(b)(4) of the Rules, the base
forfeiture amount for failure to comply with prescribed lighting
and/or marking is $10,000.3 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''),4 which include the nature, circumstances,
extent, and gravity of the violation(s), 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. Considering the entire record and applying the
statutory factors to the instant case, a $10,000 forfeiture is
warranted.
IV. ORDERING CLAUSES
7. 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
Commission's Rules,6 Kilgore Video, Inc. is hereby NOTIFIED of
their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten
thousand dollars ($10,000) for willful violation of Section 17.50
of the Rules.
8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules, within thirty days of the release date of
this NOTICE OF APPARENT LIABILITY, Kilgore Video, Inc. SHALL PAY
the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the
proposed forfeiture.
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, IL 60673-7482. The payment should note the
NAL/Acct. No. and FRN referenced in the letterhead above.
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 and Public Safety Division, and MUST INCLUDE THE
NAL/Acct. No. and FRN referenced in the letterhead 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
submitted.
12. 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, SW, Washington, DC
20554.7
13. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Kilgore Video, Inc., 333 Houston Street, Kilgore,
Texas 75662. An additional copy shall be sent to Kilgore Video,
Inc. at P.O. Box 2221, Little Rock, Arkansas 72203-2221.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director - Dallas Office
_________________________
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 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 (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 and 1.80
7 See 47 C.F.R. § 1.1914.