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

In the Matter of                   )
John W. Ashley                     )    File Number EB-02-TP-105
DBA:  Ashley Communications        )
Owner of Antenna Structure         )  NAL/Acct. No. 200332700014
Registration Number 1038740 in     )
Dover, Florida                     )            FRN 0006-1642-89
Plant City, Florida                )


January 22, 2003 
By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we find John W. Ashley, DBA: Ashley 
Communications (``Ashley''), owner of antenna structure 
#1038740 in Dover, Florida, apparently liable for a 
forfeiture in the amount of ten thousand dollars ($10,000) 
for willful violation of Section 17.50 of the Commission's 
Rules (``Rules'').1  Specifically, we find Ashley apparently 
liable for failing to comply with prescribed antenna 
structure lighting and/or marking requirements.  

                         II.  BACKGROUND

     2.   Antenna structure  #1038740 is  located in  Dover, 
Florida. John  W. Ashley, DBA: Ashley  Communications is the 
registered owner of this structure.  The structure's Antenna 
Structure   Registration   (``ASR'')  specifies   that   the 
structure should be painted and lighted.

     3.  On  August 21,  2002, agents from  the Commission's 
Tampa Office  inspected Ashley's antenna  structure #1038740 
in Dover,  Florida.  The  agents observed that  black cables 
attached to  the structure obstructed the  antenna structure 
paint over the entire height  of the structure, resulting in 
poor visibility of the structure.  

                      III.  DISCUSSION

     4.   Section 17.50  of  the Rules  states that  antenna 
structures requiring painting shall  be cleaned or repainted 
as  often as  necessary  to maintain  good visibility.   The 
antenna structure  owner is responsible for  maintaining the 
structure's painting.2   Ashley is  the registered  owner of 
antenna structure  #1038740.  This structure is  required to 
be  painted  pursuant  to  Federal  Aviation  Administration 
specifications,  the structure's  ASR, and  FCC rules.3   On 
August 21, 2002, cables attached to the structure obstructed 
the paint over the entire height of the structure, resulting 
in poor visibility.

     5.   Based on  the  evidence before  us,  we find  that 
Ashley willfully4 violated Section 17.50 of the Commission's 
Rules by failing to maintain  good visibility of its antenna 

     6.  Pursuant to Section 1.80(b)(4) of the Rules,5 the 
base forfeiture amount for failure to comply with prescribed 
lighting and marking 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.''6   Considering the entire 
record, and applying the factors listed above, this case 
warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     7.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,7  and Sections 0.111,  0.311 and 
1.80 of  the Commission's Rules,8 Ashley  is hereby NOTIFIED 
ten  thousand dollars  ($10,000)  for  willful violation  of 
Section  17.50 of  the  Rules by  failing  to maintain  good 
visibility  of the  required  antenna structure  obstruction 

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

     9.  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.  Requests for payment  of the full 
amount of this NAL under  an installment plan should be sent 
to:  Federal Communications  Commission, Chief,  Revenue and 
Receivables   Operations  Group,   445   12th  Street,   SW, 
Washington, DC 20554.9

     10.  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. and FRN referenced in the letterhead above. 
     11.   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 

     12.   Under the Small  Business Paperwork Relief Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or  in a separate filing  to be sent to  the Technical & 
Public Safety Division.   Your certification should indicate 
whether   you,  including   your  parent   entity  and   its 
subsidiaries, meet one  of the definitions set  forth in the 
list provided by the FCC's Office of Communications Business 
Opportunities  (OCBO)  set forth  in  Attachment  A of  this 
Notice of Apparent Liability.  This information will be used 
for  tracking purposes  only.  Your  response or  failure to 
respond to this question will  have no effect on your rights 
and  responsibilities  pursuant  to Section  503(b)  of  the 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990.

     13.   IT IS  FURTHER ORDERED  THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt   Requested   to   John  W.   Ashley   DBA:   Ashley 
Communications, 1301  N Wheeler Street, Plant  City, Florida 


                         Ralph M. Barlow
                         District Director, Tampa Office
                         Enforcement Bureau


1 47 C.F.R  17.50.

2 See 47 C.F.R.  17.6(a).

3 See 47 C.F.R.  17.21, 17.22, and 17.23.

4 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 (1991).

5 47 C.F.R.  1.80(b)(4).

6 47 U.S.C.  503(b)(2)(D).

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.