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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-03-TP-133
)
Vector Communications, Inc. d/b/a ) NAL/Acct. No.200432700005
WCFI, Inc. ) FRN 0006163547
Owner of Antenna Structure )
Registration Number 1217391 in )
Ocala, Florida
Ocala, FL
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 16, 2003
By the Enforcement Bureau, Tampa Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for
Forfeiture, we find Vector Communications, Inc. d/b/a WCFI,
Inc. (``Vector''), owner of antenna structure 1217391 in
Ocala, Florida, willfully and repeatedly violated Section
17.51(a) of the Commission's Rules (``Rules'')1 by failing
to exhibit red obstruction lighting on structure 1217391
from sunset to sunrise. We conclude that Vector is
apparently liable for a forfeiture in the amount of ten
thousand dollars ($10,000).
II. BACKGROUND
2. Antenna structure #1217391 is located in Ocala,
Florida. Vector is the registered owner of this structure.
The structure's Antenna Structure Registration (``ASR'')
specifies that the structure be painted and also lit at
night with red obstruction lighting (Chapters 3, 4, 5, 12 in
accordance with Federal Aviation Administration (``FAA'')
Circular Number 70/7460-1K).
3. On March 12, 2003, agents from the FCC Enforcement
Bureau, Tampa Office were told by AM Broadcast Station WCFI
personnel that structure 1217391 was not illuminated per its
assigned painting and lighting specifications in that the
top red beacon was extinguished. On March 14, 2003, an FCC
agent contacted the FAA who confirmed that a NOTAM had not
been requested by the structure owner. The agent reported
the light outage and requested issuance of a NOTAM.
4. On October 9, 2003 agents from the FCC Enforcement
Bureau, Tampa Office observed that structure 1217391 was not
illuminated per its assigned painting and lighting
specifications in that the top red beacon was extinguished
during nighttime hours. On October 10, 2003, an FCC agent
contacted the FAA who confirmed that a NOTAM had not been
requested by the structure owner. The agent reported the
light outage and requested issuance of a NOTAM.
5. On October 14, 2003 agents from the FCC
Enforcement Bureau, Tampa Office again observed that
structure 1217391 was not illuminated per its assigned
painting and lighting specifications in that the top red
beacon was extinguished during nighttime hours.
6. On October 15, 2003 agents from the FCC
Enforcement Bureau, Tampa Office met with representatives
from WCFI(AM) in Ocala, FL. Vector Communications, Inc. is
the station licensee. Station personnel confirmed that the
structure had been unlit for approximately six months.
Station personnel further admitted that they were aware that
currently a NOTAM was not issued on structure 1217391. No
documentation regarding the light outage could be produced
at the time of inspection.
· III. DISCUSSION
7. Section 17.51(a) requires that all red obstruction
lighting shall be exhibited from sunset to sunrise unless
otherwise specified. On March 12, 2003 and October 9 and
October 14, 2003, Vector failed to exhibit all required red
obstruction lighting on its antenna structure 1217391 in
accordance with its registration requirements. In addition,
Vector failed to notify the FAA immediately of the improper
functioning of the structure's lighting2.
8. Based on the evidence before us, we find Vector
willfully3 and repeatedly4 violated Section 17.51(a) of the
Rules by failing to exhibit all required obstruction lights
on structure 1217391.
9. Pursuant to Section 1.80(b)(4) of the Rules,5 the
base forfeiture amount for failure to exhibit red
obstruction lighting is $10,000. Section 503(b)(2)(D) of the
Communications Act of 1934, as amended (``Act''), requires
us to take into account ``...the nature, circumstances,
extent, and gravity of the violation, and with respect to
the violator, the degree of culpability, any history or
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
10. 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 Vector Communications, Inc. d/b/a WCFI,
Inc. 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(a) of
the Rules by failing to exhibit all required obstruction
lighting on structure 1217391 in Ocala, Florida.
11. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules9, within thirty days of the release date
of this Notice of Apparent Liability, Vector Communications
Inc. d/b/a WCFI, Inc., SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed
forfeiture.
12. 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. 20554.10
13. 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-
Spectrum Enforcement Division, and MUST INCLUDE THE NAL/and
FRN referenced in the letterhead above.
·
14. 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.
15. 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 Spectrum
Enforcement 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.
16. IT IS FURTHER ORDERED THAT a copy of this Notice
of Apparent Liability shall be sent by regular mail and
Certified Mail Return Receipt Requested to Vector
Communications, Inc., d/b/a WCFI, Inc., 3621 NW 10th Street,
Ocala, FL 34475.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director - Tampa Office
Enforcement Bureau
_________________________
1 47 C.F.R. § 17.51(a).
2 Owners of registered antenna structures with assigned
lighting must immediately report to the FAA any known
improper functioning of any top or flashing light. 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 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which
applies equally to Section 503(b) of the Act, provides that
``[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 day.''
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 47 C.F.R. § 1.80
10 See 47 C.F.R. § 1.1914.