Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
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 )
)
Lake Mobile Phone ) File Number EB-02-KC-198
Owner of Antenna Structure )
Number 1064409 ) NAL/Acct.No.200232560008
Osage Beach, Missouri )
) FRN 0007-1278-06
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 27, 2002
By the Enforcement Bureau, Kansas City Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we
find that Lake Mobile Phone, owner of antenna structure number
1064409 at Osage Beach, Missouri, willfully violated Section
17.50 of the Commission's Rules1 by failing to clean and repaint
the antenna structure as often as necessary to maintain good
visibility. We conclude that Lake Mobile Phone is apparently
liable for a forfeiture in the amount of ten thousand dollars
($10,000).
II. BACKGROUND
2. On April 3, 2002, an agent of the Kansas City Field
Office inspected a Lake Mobile Phone antenna structure with
Antenna Structure Registration number 1064409 located at 1090
Bluff Drive, Osage Beach, Missouri. The bands of the antenna
structure were not clearly visible due to the poor condition of
the structure's paint.
III. DISCUSSION
3. Section 17.50 of the Rules states ``[a]ntenna
structures requiring painting under this part shall be cleaned or
repainted as often as necessary to maintain good visibility.''
On April 3, 2002, Lake Mobile Phone failed to maintain good
visibility of its antenna structure number 1064409.
4. Based on the evidence before us, we find that on April
3, 2002, Lake Mobile Phone willfully2 violated Section 17.50 of
the Rules by failing to repaint its antenna structure as often as
necessary to maintain good visibility.
5. Pursuant to Section 1.80(b)(4) of the Commission's
Rules, the base forfeiture amount for the violation(s) cited in
this notice is $10,000.3 Section 503(b)(2)(D) of the
Communications Act of 1934, as amended, requires us to take into
account ``... 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 statutory factors listed above,
this case warrants a $10,000 forfeiture.
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended,5 and
Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Lake
Mobile Phone is hereby NOTIFIED of its APPARENT LIABILITY FOR A
FORFEITURE in the amount of ten thousand dollars $10,000 for
willful violation of Section 17.50 of the Commission's Rules.
7. 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, Lake Mobile Phone SHALL PAY
the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the
proposed forfeiture.
8. 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 must include
the FRN and NAL/Acct. No. referenced in the letterhead above.
9. 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. and FRN referenced in the letterhead above.
10. 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.
11. 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, S.W., Washington,
D.C. 20554.7
12. IT IS
FURTHER ORDERED THAT a copy of this Notice of Apparent Liability
shall be sent by regular mail and Certified Mail Return Receipt
Requested to Lake Mobile Phone at 1090 Bluff Drive, Osage Beach,
Missouri 65065.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
District Director
Kansas City 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 equally 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, 1.80.
7 See 47 C.F.R. § 1.1914.