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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
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
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,
Oklahoma.
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
unknown.
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
1234488.
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
structure.
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
submitted.
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.
FEDERAL COMMUNICATIONS COMMISSION
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. §
312(f)(2).
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.