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In the Matter of                   ) File Number EB-03-KC-030
Wanda Doonan Trust                 )                NAL/Acct. 
Owner of Antenna Supporting        )          No.200332560018
Structure 1203563                  )
Great Bend, Kansas                 )         FRN 0006-1633-98


                                     Released: March 3, 2003

By the Enforcement Bureau, Kansas City Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''),  we find Wanda Doonan  Trust, owner of 
antenna supporting structure #  1203563 located at 2650 Main 
St.  in   Great  Bend,  Kansas,  apparently   liable  for  a 
forfeiture in  the amount of ten  thousand dollars ($10,000) 
for willful and  repeated violation of Section  17.50 of the 
Commission's  Rules  (``Rules'').1   Specifically,  we  find 
Wanda Doonan Trust apparently  liable for failure to repaint 
the antenna structure as often as necessary to maintain good 

                         II.  BACKGROUND

     2.   On  February  12,   2003,  the  antenna  structure 
bearing  no   FCC  antenna  structure   registration  number 
(``ASR'') and located at  or near geographic coordinates 38 
22'  42''N /  098  45'  52''W in  Great  Bend, Kansas,  was 
inspected by an agent of  the Commission's Kansas City Field 
Office.  The Commission's ASR database showed this structure 
was  registered to  Wanda Doonan  Trust and  that the  tower 
required  marking   and  lighting.   At  the   time  of  the 
inspection  the  paint on  the  tower  was badly  faded  and 
peeling, resulting in poor visibility of the structure. 

     3.   On February  24, 2003,  the agent  interviewed Mr. 
John  Mann of  Doonan  Trucking, who  stated  the tower  was 
leased  to  a  communications   company  that  was  entirely 
responsible for all tower painting and lighting.  

                      III.  DISCUSSION

     4.   Section  17.50 of  the Rules  states that  antenna 
structures  requiring  painting  under this  part  shall  be 
cleaned or repainted as often  as necessary to maintain good 
visibility.  Wanda  Doonan Trust is the  registered owner of 
antenna  structure number  1203563  and  is responsible  for 
maintaining  the structure's  marking.2   The  ASR for  this 
structure  requires  that  the  structure  be  painted.   On 
February 12, 2003, the Wanda Doonan Trust failed to maintain 
good  visibility  of the  antenna  structure.  Based on  the 
evidence  before   us,  we  find  the   Wanda  Doonan  Trust 
willfully3and  repeatedly4  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.

     5.   Pursuant to Section 1.80(b)(4)  of the Rules,5 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.6  
Considering  the  entire  record and  applying  the  factors 
listed above, this case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     6.   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 Rules,8 Wanda Doonan Trust is hereby NOTIFIED of 
ten  thousand dollars  ($10,000)  for  willful and  repeated 
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.

     7.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL,  Wanda Doonan Trust  SHALL PAY the full  amount of 
the proposed  forfeiture or  SHALL FILE a  written statement 
seeking   reduction   or   cancellation  of   the   proposed 

     8.   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. 20554.9

     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  Wanda  Doonan  Trust,   %Mr.  Steve 
Dillinger, Doonan  Truck and  Equipment Inc.,  Hwy 56  & 156 
Jct., Great Bend, KS.  67530.


                         Robert C. McKinney
                         Kansas City 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 The term ``repeated,'' when used with reference to the 
commission or omission of any act, ``means the commission or 
omission of such act more than once or, if such commission 
or omission is continuous, for more than one day.''  47 
U.S.C.  312(f)(2).

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.