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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
SpectraSite Communications, ) File Number EB-01-TP-157
Inc. )
) NAL/Acct.No.: 200132700006
Antenna Structure Registration )
# 1215109 )
Cary, NC 27511
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 25, 2001
By the Enforcement Bureau, Tampa Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we
find that SpectraSite Communications, Inc. apparently violated
Section 17.51(a)1 of the Commission's Rules, by failing to
properly light antenna structure (ASR # 1215109) located in
Ocala, Florida. We conclude that SpectraSite Communications,
Inc. is apparently liable for forfeiture in the amount of ten
thousand dollars ($10,000).
II. BACKGROUND
2. On April 5, 2001, agents from the Commission's Tampa
Field Office observed an unlighted antenna structure along the
northbound lanes of Interstate 75 near Ocala, FL. The owner of
the antenna structure was later determined to be SpectraSite
Communications, Inc.
3. On February 6, 2001, an agent from the Tampa Office
contacted Spectrasite Communications and determined that
SpectraSite was unaware of the tower outage and that FAA had not
been notified of the outage.
III. DISCUSSION
4. Section 17.51(a) requires that all red obstruction
lighting shall be exhibited from sunset to sunrise unless
otherwise specified. On April 5, 2001 Tampa Office agents
observed that antenna structure # 1215109 was not illuminated.
5. Pursuant to Section 1.80(b)(4)2 of the Commission's
Rules, the base forfeiture amount for failure to comply with
prescribed lighting and/or marking is $10,000. Section
503(b)(2)(D) of the Communications Act of 1934, as amended
(`Act'')3 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.'' 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,4 and
Sections 0.111, 0.311 and 1.80 of the Commission's Rules,5
SpectraSite Communications, Inc. is hereby NOTIFIED of its
APPARENT LIABILITY FOR A FORFEITURE in the amount of amount of
$10,000 for willful6 violation of Section 17.51(a) of the
Commission's Rules
7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
of the Commission's Rules7, within thirty days of the release
date of this NOTICE OF APPARENT LIABILITY, SpectraSite
Communications, Inc. 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. 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. 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. 20554.8
12. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to SpectraSite Communications, Inc. at 100 Regency
Forest Drive, Suite 400, Cary, NC 27511.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director, Tampa Office
Enforcement Bureau
_________________________
1 47 C.F.R. § 17.51(a)
2 47 C.F.R. § 1.80(b)(4)
3 47 U.S.C. § 503 (b)(2)(D)
4 47 U.S.C. § 503(b).
5 47 C.F.R. §§ 0.111, 0.311, 1.80.
6 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).
7 47 C.F.R. § 1.80.
8 See 47 C.F.R. § 1.1914.