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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-KC-561
)
AAT Communications Corporation ) NAL/Acct. No.200232560025
Owner of Antenna Structure )
#1007507 ) FRN 0003-4776-76
located near Joplin, Missouri )
Iselin, New Jersey
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: August 13, 2002
By the Enforcement Bureau, Kansas City Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find AAT Communications Corporation (``AAT''),
owner of antenna structure #1007507, apparently liable for a
forfeiture in the amount of two thousand dollars ($2,000) for
willful and repeated violation of Section 17.47(a) of the
Commission's Rules (``Rules'').1 Specifically, we find AAT
Communications Corporation apparently liable for failure to
monitor the status of its antenna structure lighting.
II. BACKGROUND
2. On July 16, 2002, the Commission's Kansas City Field
Office (``Kansas City Office'') received information concerning
an antenna structure with an inoperable top flashing beacon.
According to the complaint, the beacon had been inoperable for
approximately two months on the 400 foot tower. Based on
information provided by the complainant, the agent checked the
Commission's Antenna Structure Registration database and
determined the antenna structure was #1007507, located at the
latitude-longitude coordinates N36-58-54, W094-28-37 with a
listed height of 122.8 meters (403 feet). The registered owner
of the structure was AAT.
3. Also on July 16, 2002, the agent interviewed via
telephone AAT representative John Stracko concerning the outage.
During the interview, Mr. Stracko stated that AAT does not
maintain any automatic equipment to monitor the lighting on the
structure and does not conduct regular visual inspections of the
tower. Instead, the owner relies on reports from tenants, such
as the Newton County Sheriff's department to contact them if they
observe a light outage on the structure. The AAT representative
had not received any reports of lights being out on this
structure, and could not provide the duration that the beacon had
been inoperable, but he did file a report with the Federal
Aviation Administration (``FAA'') upon being notified of the
outage by the agent. The AAT representative further stated that
a repair order had been placed to their contractor to check on
the outage.
4. On July 19, 2002, the agent contacted Lt. Leavens,
Newton County Sheriff's Department, concerning the lighting on
the structure. According to Lt. Leavens, he is the only
Sheriff's Department member residing in the vicinity of the tower
and he personally had no knowledge of the condition of the
lighting on that tower during the past several weeks.
Furthermore, Lt. Leavens stated that to his knowledge no other
department employee was making observations of the lighting on
that tower.
5. Also on July 19, 2002, AAT representative John Stracko
contacted the Kansas City Office by telephone and stated that the
beacon was discovered inoperative and was repaired on July 18,
2002, and that an order was to be placed the next week for an
automatic remote system to monitor the lighting. Mr. Stracko
stated that no person was assigned to monitor the lighting
visually during the interim period prior to installation of the
remote system.
III. DISCUSSION
6. Section 17.47(a) of the Rules requires the owner to
make observation of the antenna structure's lights at least once
each 24 hours either visually or by observing an automatic
properly maintained indicator, or by a properly maintained
automatic alarm system. On July 16, 2002, the top beacon on
AAT's antenna structure #1007507 was reported to be inoperable by
a citizen living near the tower. The FCC notified AAT of the
outage. AAT stated it had not been monitoring the condition of
the lighting on this tower as required and did not know the
beacon was inoperable until notified by the FCC on July 16, 2002.
AAT further confirmed the outage of the beacon when repairs were
made to that beacon on July 18, 2002. As of July 19, 2002, AAT
admitted that they continued to fail to provide any monitoring of
the lighting every 24 hours or provide an automatic alarm system.
7. Based on the evidence before us, we find AAT willfully2
and repeatedly3 violated Section 17.47(a) of the Rules by failing
to monitor the status of its antenna structure lighting.
8. Pursuant to Section 1.80(b)(4) of the Rules,4 the base
forfeiture amount for failing to monitor the status of its
antenna structure lighting (failure to conduct required
monitoring) is $2,000. 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.5 Considering the entire record and applying the factors
listed above, this case warrants a $2,000 forfeiture.
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the
Rules,7 AAT Communications Corporation is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand
dollars ($2,000) for willful violation of Section 17.47(a) of the
Rules by failing to monitor the status of its antenna structure
lighting.
10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
AAT Communications Corporation 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. 20554.8
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 AAT Communications Corporation, 517 Route 1 South, Suite 5000,
Iselin, NJ 08830.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
Kansas City Office, Enforcement Bureau
_________________________
1 47 C.F.R. § 17.47(a).
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 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).
4 47 C.F.R. § 1.80(b)(4).
5 47 U.S.C. § 503(b)(2)(D).
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311, 1.80.
8 See 47 C.F.R. § 1.1914.