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

In the Matter of                   )      File Number EB-02-DL-696
Martin D. Marshall                 )     NAL/Acct. No.200332500003
Owner of Antenna Supporting        )
Structure 1220001 located in       )              FRN 0003-7544-54
Nacogdoches, Texas                 )
Etoile, Texas


                                 Released: February 19, 2003

By the Enforcement Bureau, Dallas Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''), we  find  Martin  D. Marshall  (``Mr. 
Marshall''), owner of antenna supporting structure # 1220001 
located  in  Nacogdoches,  Texas, 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  Mr.  Marshall 
apparently  liable  for  failure  to clean  or  repaint  his 
antenna  structure as  often as  necessary to  maintain good 

                         II.  BACKGROUND

     2.   On October 23, 2002, the antenna structure bearing 
FCC antenna structure  registration (``ASR'') number 1220001 
and located at or near  geographic coordinates 31 34' 58''N 
/  094 39'  59''W (incorrectly  registered at  geographical 
coordinates 31 34' 51''N /  094 40' 16''W) in Nacogdoches, 
Texas, was inspected by an  agent of the Commission's Dallas 
Field  Office  (``Dallas  Office'').  The  Commission's  ASR 
database  showed  this  structure   was  registered  to  Mr. 
Marshall and  that the tower required  marking and lighting.  
At the  time of the  inspection the  paint on the  tower was 
badly   faded  and   was  peeling,   significantly  reducing 
visibility  of  the structure  to  the  extent that,  during 
daylight hours, the bands could not be readily distinguished 
at approximately  one fourth of a  mile. Additionally, black 
cabling on the outside of  the structure covered the painted 
metal tower further reducing  visibility of the structure so 
that the  bands were  not readily distinguishable  at closer 
distances to the tower.  

     3.   On  October 28,  2002, the  agent interviewed  the 
owner, Mr. Marshall, who stated  he was aware that the tower 
was in need  of painting and had been in  contact with tower 

                      III.  DISCUSSION

     4.   Section  17.50 of  the Rules  states that  antenna 
structures  requiring  painting  under this  part  shall  be 
cleaned or  painted as often  as necessary to  maintain good 
visibility.  Mr. Marshall is the registered owner of antenna 
structure number 1220001 and  is responsible for maintaining 
the  structure's  marking.2   The  ASR  for  this  structure 
requires  that the  structure  be painted.   On October  23, 
2002, Mr. Marshall failed to maintain good visibility of his 
antenna  structure number  1220001  located in  Nacogdoches, 

     5.   Based on the evidence before us, we find Martin D. 
Marshall willfully3  violated Section 17.50 of  the Rules by 
failing to clean  or repaint the antenna  structure as often 
as  necessary to  maintain  good visibility  of the  antenna 
structure markings.

     6.   Pursuant to Section 1.80(b)(4)  of the Rules,4 the 
base  forfeiture  amount  for  failure to  comply  with  the 
prescribed marking  is $10,000.   In assessing  the monetary 
forfeiture  amount,  we  must  also take  into  account  the 
statutory factors  set forth in Section  503(b)(2)(D) of the 
Communications  Act of  1934,  as  amended (``Act''),  which 
include 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.5  
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,6  and Sections 0.111,  0.311 and 
1.80 of the Rules,7 Martin D. Marshall is hereby NOTIFIED of 
ten  thousand dollars  ($10,000)  for  willful violation  of 
Section 17.50  of the Rules  by failing to clean  or repaint 
the antenna structure as often as necessary to maintain good 
visibility of the antenna structure markings.

     8.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL,  Martin D. Marshall  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 
above.  Requests for payment of  the full amount of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.8

     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. referenced 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 Martin  D.  Marshall,  P.O. Box  532, 
Etoile, Texas 75944.   


                         James D. Wells
                         Dallas Office, Enforcement Bureau


1 47 C.F.R.  17.50.

2 See 47 C.F.R.  17.6(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 

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.