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                   )     File Number EB-02-DL-291
MSA Development Group, Inc.        )    NAL/Acct. No.200232500007
Owner of  Antenna Supporting       )
Structure 1234488 located near     )             FRN 0007-2320-28
Asher, Oklahoma                    )
Pleasanton, California


                                          Released: July 23, 2002

By the Enforcement Bureau, Dallas Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),  we   find   MSA  Development   Group,   Inc.   (``MSA 
Development''), owner of antenna  structure 1234488 located  near 
Asher, Oklahoma, apparently liable for a forfeiture in the amount 
of three  thousand  dollars  ($3,000) for  willful  and  repeated 
violation  of   Section  17.4(a)   of  the   Commission's   Rules 
(``Rules'').1  Specifically, we  find MSA Development  apparently 
liable for failing to register its antenna structure near  Asher, 

                         II.  BACKGROUND

     2.   On April 29, 2002, the Federal Aviation  Administration 
(``FAA'')  received  a   report  of   a  light   outage  on   MSA 
Development's antenna  structure  located near  Asher,  Oklahoma.  
The report was made  by Pioneer Telephone  who was contracted  by 
MSA Development  to  monitor  the condition  of  the  structure's 
lighting.  Pioneer  Telephone  told  the  FAA  that  the  antenna 
structure registration (``ASR'')  number for  this structure  was 

     3.   On June 10, 2002, an agent from the Commission's Dallas 
Field Office reviewed the FAA NOTAM for MSA Development's antenna 
structure.  The NOTAM had been extended for an additional fifteen 
days awaiting  repair of  the lighting.   The agent  checked  the 
Commission's ASR  database  and found  no  record of  an  antenna 
structure registered at or near the location of MSA Development's 
structure.  The agent  contacted Pioneer  Telephone, the  company 
that had reported  the light  outage to the  FAA, and  determined 
that MSA  Development was  the  owner and  licensed user  of  the 
structure.  A check  of the Commission's  license data  confirmed 
that MSA Development is licensed  to operate a radio  transmitter 
at this site under call sign KNKR212.

     4.   On June 11, 2002, the agent interviewed by telephone  a 
Mr. Chaudhuri,  the  owner  of MSA  Development.   Mr.  Chaudhuri 
stated that he would get the tower registered.

     5.   On June 12,  2002, the Commission  ASR database  showed 
that MSA Development had registered the tower with the Commission 
that  day,  receiving   antenna  structure  registration   number 

                        III.  DISCUSSION

     6.   Section 17.4(a) of the Rules  requires the owner of  an 
antenna structure that required notice to the FAA to register the 
antenna structure with the Commission.  MSA Development's antenna 
structure required FAA notification because it exceeded 200  feet 
in height.2   From  at least  April  29  to June  11,  2002,  MSA 
Development owned an  antenna structure that  required notice  to 
the FAA,  and  thus  required Commission  registration,  yet  MSA 
Development failed to register the structure.

     7.   Based  on  the   evidence  before  us,   we  find   MSA 
Development willfully3 and  repeatedly4 violated Section  17.4(a) 
of the  Rules  by  failing to  register  its  antenna  supporting 

     8.   Pursuant to Section 1.80(b)(4) of the Rules,5 the  base 
forfeiture  amount  for  failure   to  file  required  forms   or 
information (i.e.  failure to  file  an application  for  antenna 
structure registration)  is $3,000.   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 $3,000 forfeiture.

                      IV.  ORDERING CLAUSES

     9.   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 MSA Development  Group, Inc. is  hereby NOTIFIED of  this 
APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  three 
thousand dollars ($3,000) for  willful and repeated violation  of 
Section 17.4(a) of the Rules  by failing to register its  antenna 
supporting structure.

     10.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
MSA Development  Group, Inc.  SHALL PAY  the full  amount of  the 
proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the proposed forfeiture.

     11.  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

     12.  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.  

     13.  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 

     14.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to  MSA  Development  Group,  Inc.,  5500  Bruce  Dr.,  Suite  1, 
Pleasanton, California 94588.   


                         James D. Wells
                         Dallas Office, Enforcement Bureau

1 47 C.F.R.  17.4(a).

2 See 47 C.F.R.  17.7(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.