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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-AT-397
)
Crown Castle GT Company LLC ) NAL/Acct. No.200332480020
Owner of Antenna Structure )
#1037111 in Blountville, ) FRN 0005-7936-82
Tennessee )
Canonsburg, Pennsylvania
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: March 13, 2003
By the Enforcement Bureau, Atlanta Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Crown Castle GT Company LLC
(``Crown Castle''), owner of antenna structure #1037111,
apparently liable for a forfeiture in the amount of ten
thousand dollars ($10,000) for willful and repeated
violation of Section 17.51(b) of the Commission's Rules
(``Rules'').1 Specifically, we find Crown Castle apparently
liable for failure to exhibit required obstruction lighting
during daytime hours.
II. BACKGROUND
2. On October 29 and 30, 2002, the antenna structure
associated with FCC antenna structure registration (``ASR'')
#1037111 and located near Blountville, Tennessee, was
inspected by an agent of the Commission's Atlanta Field
Office (``Atlanta Office''). At the time of each
inspection, 1:30 p.m. on July 29, 2002, and 3:30 p.m. on
July 30, 2002, the unpainted structure had no obstruction
lighting in operation.
3. On October 30, 2002, an agent of the Atlanta
Office determined from the Commission ASR database that
antenna structure #1037111 was registered to Crown Castle
and that the registration included requirements to maintain
medium intensity obstruction lighting during daytime hours.
The agent telephoned Crown Castle's network operations
center and reached an agent who checked on the light outage.
The Crown Castle agent reported that there had been no
alarms or lighting outages reported for the structure. The
FCC agent telephoned the nearest Flight Service Station of
the Federal Aviation Administration (``FAA''), which
verified that it had received no report of a light outage
for this antenna structure.
4. On October 30, 2002, a Crown Castle supervisor
contacted the agent of the Atlanta Office via telephone.
According to the supervisor, the structure lighting is
monitored by an automatic alarm system, which had indicated
no alarms; however, a technician was being dispatched to
repair the structure lighting and a light outage report had
also been filed with the FAA.
5. On October 31, 2002, the Crown Castle supervisor
reported to the Atlanta Office agent that the technician
sent to the structure for repairs of the lighting had noted
that the lights were operating in reduced nighttime
intensity at the time of his visit during the daytime, and
that he had re-positioned the lighting photocell to force
the lights into the daytime intensity mode.
III. DISCUSSION
6. Section 17.51(b) of the Rules requires that all
medium intensity obstruction lighting be exhibited
continuously unless otherwise specified. Crown Castle's
antenna structure #1037111 is required to exhibit medium
intensity obstruction lighting during daylight hours. At
the times of inspection during daylight hours on October 29
and 30, 2002, no obstruction lighting was observed on Crown
Castle's antenna structure #1037111. Crown Castle had not
notified the FAA of the light outage.2
7. Based on the evidence before us, we find Crown
Castle willfully3 and repeatedly4 violated Section 17.51(b)
of the Rules by failing to continuously exhibit medium
intensity obstruction lighting during daylight hours.
8. Pursuant to Section 1.80(b)(4) of the Rules,5 the
base forfeiture amount for failure to comply with prescribed
antenna structure lighting 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 forfeiture of $10,000.
IV. ORDERING CLAUSES
9. 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 Crown Castle GT Company LLC is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of ten thousand dollars ($10,000) for willful and
repeated violation of Section 17.51(b) of the Rules by
failing to continuously exhibit medium intensity obstruction
lighting during daylight hours.
10. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Crown Castle GT Company LLC SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
forfeiture.
11. 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
12. 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.
13. 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.
14. 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.
15. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Crown Castle GT Company LLC, 2000
Corporate Drive, Canonsburg, PA 15317.
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
District Director
Atlanta Office, Enforcement Bureau
_________________________
1 47 C.F.R. § 17.51(b).
2 The owner of any registered antenna structure must report
immediately to the nearest flight service station of the FAA
any observed or otherwise known extinquishment or improper
functioning of any flashing obstruction light 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 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.