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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
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 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,
2001.
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
structures.
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
this NOTICE OF APPARENT LIABILITY, American InfoAge, LLC SHALL
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
submitted.
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.