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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-KC-502
)
Missouri RSA No.2 Partnership ) NAL/Acct. No.200232560019
d.b.a. Alltel )
Owner of Antenna Structure ) FRN 0001-8373-27
#1004380 near Ridgeway, Missouri )
Little Rock, Arkansas
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 24, 2002
By the Enforcement Bureau, Kansas City Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Missouri RSA No.2 Partnership d.b.a. Alltel
(``Alltel''), owner of antenna structure #1004380, 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 Missouri
RSA No.2 Partnership d.b.a. Alltel apparently liable for failure
to clean and repaint their antenna structure to maintain good
visibility.
II. BACKGROUND
2. On June 24, 2002, the antenna structure bearing FCC
registration number 1004380 and located near Ridgeway, Missouri
was inspected by an agent of the Commission's Kansas City Field
Office. At the time of inspection, the paint on the structure was
severely faded reducing visibility of the structure.
III. DISCUSSION
3. Antenna structure registration #1004380 shows this
structure is registered to, and owned by Alltel, and 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 June 24,
2002, the required paint on Alltel's antenna structure #1004380
was severely faded and no longer the required aviation orange in
color. As a result the structure was not clearly visible.
4. Based on the evidence before us, we find Alltel
willfully2 violated Section 17.50 of the Rules by failing to
clean and repaint the antenna structure as necessary to maintain
good visibility.
5. Pursuant to Section 1.80(b)(4) of the Rules,3 the base
forfeiture amount for failure to clean and 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
6. 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 Missouri RSA No.2 Partnership d.b.a. Alltel 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 their
antenna structure to maintain good visibility.
7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
Missouri RSA No.2 Partnership d.b.a. Alltel 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 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
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. referenced 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. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to Missouri RSA No.2 Partnership d.b.a. Alltel, One Allied Drive,
B2F02-A, Little Rock, AR 72202.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
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 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.