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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-TP-380
)
Gulf Stream Natural Gas System ) NAL/Acct. No. 200232700025
Owner of Antenna Structure ) FRN: 0006285712
Registration Number 1232899 in )
Ft. Meade, Florida )
Houston, Texas
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: September 30, 2002
By the Enforcement Bureau, Tampa Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Gulf Stream Natural Gas System (``Gulf
Stream''), owner of antenna structure 1232899 in Ft. Meade,
Florida, willfully violated Section 17.51 of the Commission's
Rules (``Rules'')1 by failing to exhibit medium intensity
obstruction lighting on structure 1232899. We conclude that Gulf
Stream is apparently liable for a forfeiture in the amount of ten
thousand dollars ($10,000).
II. BACKGROUND
2. Antenna structure #1232899 is located in Ft. Meade,
Florida. Gulf Stream is the registered owner of this structure.
The structure's Antenna Structure Registration (``ASR'')
specifies that the structure be lit with a medium intensity dual
lighting system.
3. On July 26, 2002, agents from the FCC Enforcement
Bureau, Tampa Office, observed that structure 1232899 was not
illuminated per its assigned painting and lighting specifications
in that the top and ½ level strobe lights were extinguished. On
July 26, 2002, FCC agents contacted the Federal Aviation
Administration (``FAA'') who confirmed that the structure owner
had not reported a light outage for this structure.
4. On July 31, 2002 an agent from the FCC Enforcement
Bureau, Tampa Office spoke with a representative of Gulf Stream
who stated that they were aware of an electrical problem with the
structure on July 25, 2002, and confirmed that Gulf Stream never
notified the FAA of the light outage.
· III. DISCUSSION
5. Section 17.51 requires that all high intensity and
medium intensity obstruction lighting be exhibited continuously
unless otherwise specified. On July 26, 2002, Gulf Stream failed
to exhibit medium intensity obstruction lighting on structure
1232899 in accordance with its registration requirements. In
addition, Gulf Stream did not report the light outage to the
FAA.2
6. Based on the evidence before us, we find Gulf Stream
willfully3 violated Section 17.51 of the Rules by failing to
exhibit tower lights on structure 1232899.
7. Pursuant to Section 1.80(b)(4) of the Rules,4 the base
forfeiture amount for failure to exhibit obstruction lighting is
$10,000. Section 503(b)(2)(D) of the Communications Act of 1934,
as amended (``Act''), 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 or 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 $10,000
forfeiture.
IV. ORDERING CLAUSES
8. 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 Gulf Stream Natural Gas System 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 of the
Rules by failing to exhibit obstruction lighting on structure
1232899 in Ft. Meade, Florida.
9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
Gulf Stream Natural Gas System, 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. and FRN referenced in the letterhead above.
11. 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/and
FRN 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: Federal Communications Commission, Chief, Revenue and
Receivables Operations Group, 445 12th Street, SW, Washington, DC
20554.8
14. IT IS FURTHER ORDERED THAT a copy of this Notice of
Apparent Liability shall be sent by regular mail and Certified
Mail Return Receipt Requested to Gulf Stream Natural Gas System,
2800 Post Oak Blvd., Houston, TX 77612.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
Tampa Office, Enforcement Bureau
_________________________
1 47 C.F.R. § 17.51.
2 Antenna structure owners must notify the FAA of any known
improper functioning of any flashing or top light on a structure
that is not corrected within 30 minutes. See 47 C.F.R. §
17.48(a).
3 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).
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.