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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
American InfoAge, LLC                                        )

Antenna Structure Registration #1202433                         )

File Number. EB-01-TP-073
Clearwater, FL                  )   NAL/ Acct. No.: 200132700007 


                                        Released:  April 25, 2001
By the Enforcement Bureau, Tampa Office

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find  American  InfoAge,  LLC,  Clearwater,  Florida   apparently 
violated Section 17.51(b)1 of the Commission's Rules for  failing 
to  properly  light  an  antenna  structure.   We  conclude  that 
American InfoAge, LLC, is apparently liable for forfeiture in the 
amount of ten thousand dollars ($10,000). 

                         II.  BACKGROUND

     2.    On  February 15,  2001, the  Commission's Tampa  Field 
Office received a complaint regarding an antenna structure  light 
outage in  Clearwater, FL.   The complainant  indicated that  the 
white strobe  light  had been  out  on  the top  of  the  antenna 
structure for  over a  month. The  same day,  Tampa Field  Office 
agents drove to  the antenna  structure site  to investigate  the 
allegation.  The agents noted that no lights were illuminated  on 
the antenna structure.   There was  a sign  on the  fence with  a 
space indicated for the  FCC registration number.  However,  that 
number was left blank. 

     3.   On February 15, 2001, after the inspection, the antenna 
structure owner was contacted. The owner explained that the red 
light was not automatically coming on until it was very dark 
outside, leaving the white strobe on longer than anticipated.  
This caused problems with the traffic on a nearby busy highway.  
Therefore, the strobe used for daytime lighting was intentionally 
disconnected.  The FAA confirmed that they had not been notified 
of the outage. 

     4.  During the telephone conversation on February 15, 2001, 
the posting of the Antenna Structure Registration Number was also 
discussed.  The antenna structure owner supplied the registration 
number of 1202433.  The number was not posted at the antenna 
structure site at the time of the inspection on February 15, 

                        III.  DISCUSSION

     5.  Section 17.51(b) states that all high intensity and 
medium intensity obstruction lighting shall be exhibited 
continuously unless otherwise specified.  At the time of the 
inspection, the owner had intentionally turned off the daytime 
lighting on the structure.

     6.  Based on the evidence  before us, we find that  American 

InfoAge,  LLC  willfully2  violated   Section  17.51(b)  of   the 

Commission's Rules by its failure to comply with the Commission's 

Rules regarding the construction, marking and lighting of antenna 


     7.  Pursuant  to  Section 1.80(b)(4)3  of  the  Commission's 

Rules, the  base forfeiture  amount for  failure to  comply  with 

prescribed lighting and/or marking is $10,000.  In assessing  the 

monetary forfeiture  amount, we  must also  take in  account  the 

statutory factors  set  forth  in  Section  503(b)(2)(D)  of  the 

Communications Act of 1934 (``Act'')4, as amended, which  include 

the  nature,   circumstances,   extent   and   gravity   of   the 

violation(s), 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 record 

as a whole, we believe that a $10,000 forfeiture is warranted
                      IV.  ORDERING CLAUSES

     8. Accordingly,  IT IS  ORDERED  THAT, pursuant  to  Section 

503(b) of the Act,5 and Section 1.80 of the Commission's  Rules,6 

American  InfoAge,  LLC  is  hereby  NOTIFIED  of  this  APPARENT 

LIABILITY FOR A FORFEITURE in the amount of ten thousand  dollars 

($10,000) for  willful  violation  of  Section  17.51(b)  of  the 

Commission's Rules.

     9. IT IS FURTHER ORDERED  THAT, pursuant to Section 1.80  of 
the Commission's Rules, within thirty days of the release date of 
PAY the full amount  of the proposed forfeiture  or SHALL FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     10. 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 above.

     11.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, S.W., Washington, D.C. 20554, Attn: Enforcement Bureau  - 
Technical  &  Public  Safety  Division,  and  MUST  INCLUDE   THE 
NAL/Acct. No. referenced in the letterhead above.

     12.  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 

     13.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.7

     14. IT IS  FURTHER ORDERED  THAT a  copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to  American InfoAge,  LLC, 2727  Ulmerton Road,  Suite 
230, Clearwater, FL, 33762, ATTN: Jim Bondurant.

                              FEDERAL COMMUNICATIONS COMMISSION

                              Ralph M. Barlow
                              District Director, Tampa Office
                              Enforcement Bureau  


1 47 C.F.R.  17.51(b)

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.  1.80

7 See 47 C.F.R.  1.1914.