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

In the Matter of                   )      File Number EB-03-KC-012
AAT Communications Corporation     )     NAL/Acct. No.200332560011
Owner of Antenna Structure         )
#1005728 near Harrisonville,       )                FRN 0003477676
Missouri                           )
Iselin, New Jersey


                                 Released: February 27, 2003

By the Enforcement Bureau, Kansas City Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture   (``NAL''),    we   find    AAT   Communications 
Corporation, owner of antenna structure #1005728, 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 
AAT Communications Corporation apparently liable for failure 
to   repaint  its   antenna  structure   to  maintain   good 

                         II.  BACKGROUND

     2.   On January 13, 2003, the antenna structure bearing 
FCC antenna structure  registration (``ASR'') number 1005728 
and located near Harrisonville, Missouri was inspected by an 
agent of the Commission's Kansas  City Field Office.  At the 
time  of  inspection,  the   structure's  paint  had  faded, 
reducing  the visibility  of  the  structure.  In  addition, 
black cabling  on the outside  of the structure  covered the 
painted  metal tower,  resulting in  poor visibility  of the 
structure.   The  Commission's   ASR  database  showed  this 
structure is  owned by and registered  to AAT Communications 

     3.   On  January 23,  2003,  the agent  spoke with  the 
Director of  Engineering for AAT  Communications Corporation 
who stated  that a tower  company had inspected  the antenna 
structure  on   December  19,  2002,  and   recommended  the 
structure be painted due to fading paint.

                      III.  DISCUSSION

     4.   Section 17.50 requires antenna structure owners to 
repaint  the   structure  as  necessary  to   maintain  good 
visibility.    AAT   Communications  Corporation's   antenna 
structure  registration  #1005728   specifies  lighting  and 
painting for this structure  that includes requirements that 
the structure  be painted  with alternating  aviation orange 
and whites  bands.  On January 13,  2003, AAT Communications 
Corporation antenna  structure #1005728 had faded  paint and 
black  cabling  on  two   faces  of  the  antenna  structure 
obscuring the structure's  paint.  As a result  of the faded 
paint  and  black  cabling,  the  structure  exhibited  poor 

     5.   Based  on  the evidence  before  us,  we find  AAT 
Communications Corporation willfully2 violated Section 17.50 
of the Rules by failing  to repaint the antenna structure in 
accordance with the  painting specifications associated with 
its antenna structure #1005728.

     6.   Pursuant to Section 1.80(b)(4)  of the Rules,3 the 
base forfeiture amount for failure to repaint this structure 
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.4   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,5  and Sections 0.111,  0.311 and 
1.80 of the Rules,6 AAT Communications Corporation is hereby 
amount  of  ten  thousand   dollars  ($10,000)  for  willful 
violation  of  Section 17.50  of  the  Rules by  failing  to 
repaint its antenna structure to maintain good visibility.

     8.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this  NAL, AAT  Communications Corporation.  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. 20554.7

     9.   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.  

     10.  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 

     11.  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.

     12.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested to Attention:  John Stricko, 517 Route One 
South, Suite 5000, Islein, NJ 08830.   


                         Robert C. McKinney
                         Kansas  City   Office,  Enforcement 


1 47 C.F.R.  17.50.

2 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 

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.  0.111, 0.311, 1.80.

7 See 47 C.F.R.  1.1914.