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

In the Matter of                  )
                                 )      File Number: EB-02-BF-
Tennessee Gas Pipeline Company    ) 399
Owner of Antenna Structure #      )
1009025                           )      NAL/Acct. No. 
Syracuse, New York                ) 200332280007
                                        FRN: 0001 6428 83


                                        Released: March 12, 

By the Resident Agent, Buffalo Office, Enforcement Bureau:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''),  we find  that Tennessee  Gas Pipeline 
Company   (Tennessee  Gas),   owner  of   antenna  structure 
#1009025, has apparently violated  Section 17.4(a) and 17.50 
of  the  Commission's  Rules1   (``Rules'')  by  failing  to 
register the tower, and by  failing to clean and repaint its 
antenna structure to maintain  good visibility.  We conclude 
that Tennessee Gas is apparently  liable for a forfeiture in 
the amount of thirteen thousand dollars ($13,000).

                         II.  BACKGROUND

     2.   On October 31, 2002,  an agent of the Commission's 
Buffalo Office  inspected the antenna structure  bearing FCC 
antenna  structure   registration  (``ASR'')   #1009025  and 
located near Syracuse, New York.  At the time of inspection, 
the  tower's  paint  was  chipped and  faded,  reducing  the 
visibility  of  the  structure.    The  paint  was  severely 
peeling, and the  red lighting had been replaced  by a white 
strobe.  The coordinates observed  during inspection did not 
correspond to  the tower in  the FCC database with  that ASR 

     3.   On November 5, 2002 agent Stanbro phoned Tennessee 
Gas and spoke  to Mr. Richard Nation of  El Paso Corporation 
about  the  painting  and lighting  requirements  for  tower 
1009025.  Mr. Nation stated he  would check the ARS Database 
for corrections, and that he thought Tennessee Gas Pipe Line 
had applied  with the FAA  for modification of  the painting 
and lighting on  tower 1009025.  The agent  asked Mr. Nation 
about the  tower coordinates, and  Mr. Nation stated  he was 
sure the coordinates were correct. 

     4.   On November 12, 2002 Mr. Nation phoned and advised 
agent  Stanbro that  he was  unable  to find  any record  of 
applying for  a painting and lighting  modification with the 
FAA.  At that time he gave agent Stanbro the current address 
for correspondence with Tennessee Gas.  On November 13 2002, 
the Buffalo Office issued a Notice of Violation (``NOV'') to 
Tennessee Gas  citing violation of Sections  1.5, 17.50, and 
17.57 of the Rules2.

     5.   On November 25, 2002,  the Buffalo Office received 
a reply from  Mr. Nation of El Paso Corp.   The reply stated 
that Tennessee  Gas, a  subsidiary of  El Paso  Corp., still 
owned  tower  1009025  so,  in  their  view,  there  was  no 
violation  of  Section  17.57.    Further,  he  stated  that 
Tennessee   Gas  had   installed  medium   intensity  strobe 
lighting,  which was  intended to  supercede the  beacon and 
painting requirement.   The FAA  Eastern Region  office does 
not have a record of any  submission of a Notice of Proposed 
Construction   or  Alteration   to   change  the   markings.  
Tennessee Gas  had not taken  appropriate steps to  secure a 
new  determination of  No  Hazard from  the  FAA that  would 
endorse the  installation of medium-intensity  strobe lights 
in  place  of  the  painting and  beacon  requirement.   The 
necessary Notice of Proposed  Construction or Alteration was 
transmitted to the FAA on November 21, 2002.

     6.   On  December 30,  Agent  Stanbro  talked with  Mr. 
Nation, requesting a faxed copy  of paperwork filed with the 
FAA.   Mr.  Nation  faxed the  modification  paperwork,  and 
confirmation from the Federal Aviation Administration.

     7.   On February  13, 2003 Agent Stanbro  rechecked the 
coordinates for tower 1009025, and  measured them as Lat: 42 
56 26N and  Long 076 06 52W.  The coordinates,  taken at the 
entrance gate  to the  tower approximately one  hundred feet 
from the  tower base, differ  from the coordinates of  42 56 
33.2N x 076  07 0.7W on the  Federal Communication's Antenna 
Structure  Registration Database  and  the  FAA Form  7460-1 
filed  with the  Federal Aviation  Administration by  over a 
tenth of  a mile.   On February 18,  2002 Mr.  John Brenner, 
surveyor for El  Paso Corp., phoned agent  Stanbro to advise 
of  the new coordinates, 42 56 28N / 076 06 53.4 W, and said 
he would email  a statement to agent Stanbro to that effect.  
These  coordinates differ  0.144 miles  (760 feet)  from the 
coordinates   registered    with   the    Federal   Aviation 
Administration and the  Federal Communications Commission by 
Tennessee Gas.  

                      III.  DISCUSSION

     8.   Section 17.4(a) of the Rules requires the owner of 
an  existing  or  proposed  tower that  requires  notice  of 
proposed construction to the Federal Aviation Administration 
must  register  the  structure  with  the  Commission.   All 
information provided to  the Federal Aviation Administration 
and Federal  Communication Commission must be  accurate.  At 
the time of inspection, the FCC database showed there was no 
tower registered at or near  the coordinates measured by the 
agents and verified by the surveyor employed by the owner.

     9.   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.   At  the  time  of  inspection, 
Tennessee Gas's tower paint visibility had deteriorated over 
time to the point of being a hazard to air navigation.  They 
had not  filed a  modification application  with the  FAA to 
discontinue  painting and  lighting specifications  shown on 
their authorization.

     10.  Based  on the  evidence  before us,  we find  that 
Tennessee Gas  willfully3 and repeatedly4  violated Sections 
17.4(a)  and  17.50 of  the  Rules  by failing  to  properly 
register their tower, and by failing to repaint the tower to 
maintain  good  visibility.    The  Commission's  Forfeiture 
Policy Statement and Amendment of  Section 1.80 of the Rules 
to Incorporate the Forfeiture  Guidelines, 12 FCC Rcd 17087, 
17113   (1997),  recon.   denied,  15   FCC  Rcd   303(1999) 
(``Forfeiture Policy Statement'')5, sets the base forfeiture 
amount at $3,000  for failure to file the  required forms or 
information,  and  at $10,000  for  failure  to comply  with 
prescribed   lighting  and/or   marking  requirements.    In 
assessing the monetary forfeiture  amount, we must take into 
account  the   statutory  factors   set  forth   in  Section 
503(b)(2)(D) of the Communications Act of 1934 (``Act''), as 
amended6, 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.   Applying the Forfeiture Policy  Statement and 
the  statutory  factors  listed   above,  and  applying  the 
inflation adjustments,  we believe that a  thirteen thousand 
dollar ($13,000) monetary forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     11.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act7,  and Sections 0.111,  0.311 and 
1.80 of the Rules8, Tennessee Gas Pipeline Company is hereby 
amount of  thirteen thousand  dollars ($13,000)  for willful 
and repeated violation of Sections  17.4(a) and 17.50 of the 
Commissions Rules.

     12.  IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NOTICE  OF APPARENT  LIABILITY, Tennessee  Gas Pipeline 
Company,  SHALL   PAY  the  full  amount   of  the  proposed 
forfeiture  or  SHALL  FILE   a  written  statement  seeking 
reduction or cancellation of the proposed forfeiture.

     13.  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. 200332280007 and 
FRN: 0001 6428 83.

     14.  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. 200332280007.

     15.  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 

     16.  Requests for  payment of  the full amount  of this 
Notice  of  Apparent  Liability under  an  installment  plan 
should be sent to: Federal Communications Commission, Chief, 
Revenue and  Receivables Operations Group, 445  12th Street, 
S.W., Washington, D.C. 20554.9

     17.  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 and 
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.

     18.  IT IS FURTHER  ORDERED THAT a copy  of this NOTICE 
OF  APPARENT  LIABILITY shall  be  sent  by Certified  Mail, 
Return Receipt Requested, to Tennessee Gas Pipeline Company, 
1001 Louisiana, Houston TX 77002.

                              FEDERAL         COMMUNICATIONS 

                              Gene J. Stanbro
                              Resident Agent
                              Buffalo Office

Attachment A: Condensed List of Small Entities.

1 47 C.F.R.  17.4(a) and 17.50.

2 47 CFR  1.5 and 17.57.

3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to Section 503(b) of the Act, provide that       
``the 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 

4 Section 312(f)(2), which also applies to Section 503(b), 
provides: [t]he 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 

5 47 C.F.R.  1.80.

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

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

8 47 C.F.R.  0.111 and 0.311.
9 See 47 C.F.R.  1.1914.