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

In the Matter of                   )
                                  )      File Number EB-04-SF-006
Redwood Family Services, Inc.      )
                                  )    NAL/Acct. No. 200432960001 
Owner of Unregistered Antenna      )
Structure                          )                FRN 0008692188
Madera, California


                                Released:   January 30, 2004

By the Enforcement Bureau, San Francisco Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''),  we  find  that  Redwood  Family  Services,  Inc. 
(``Redwood''), owner  of an unregistered  antenna structure, 
Madera,  California,  apparently  willfully  and  repeatedly 
violated   Section  17.4(a)   of   the  Commission's   Rules 
(``Rules'') by  failing to register the  antenna structure.1  
We   conclude,   pursuant   to   Section   503(b)   of   the 
Communications  Act of  1934, as  amended,2 that  Redwood is 
apparently liable  for a forfeiture  in the amount  of three 
thousand dollars ($3,000).  

                       II.  BACKGROUND

     2.   On  August  12,  2002,   an  agent  from  the  FCC 
Enforcement   Bureau's   San  Francisco   Office   inspected 
Redwood's  antenna  structure  located  at  the  approximate 
coordinates  of 3657'58''  north  latitude and  12002'06'' 
west longitude,  near 28050  Avenue 15,  Madera, California, 
and  found it  to be  part  of AM  broadcast station  KHOT's 
transmission  system.3  At  the time  of the  inspection, no 
antenna structure  registration number was displayed  at the 
base of  the structure.   The structure is  approximately 65 
meters in height (213 feet) and is lighted and painted.  The 
FCC  agent checked  the FCC  Antenna Structure  Registration 
database  and  found  no  record  that  this  structure  was 
registered with  the Commission.  On December  17, 2002, the 
San Francisco Office issued a Notice of Violation to Redwood 
for violating  Section 17.4(a)  of the  Rules by  failing to 
register the antenna structure.   Redwood replied on January 
29,  2003,   stating  that   they  were  ``working   on  the 
registration of the tower.''  

     3.   A  follow-up  search   of  the  Antenna  Structure 
Registration  database  on  January  8,  2004,  revealed  no 
registration for the antenna structure.  

                      III.  DISCUSSION

     4.  Section 503(b) of the  Act provides that any person 
who willfully  or repeatedly  fails to  comply substantially 
with the terms  and conditions of any  license, or willfully 
or repeatedly fails to comply  with any of the provisions of 
the Act  or of any rule,  regulation or order issued  by the 
Commission  there under,  shall be  liable for  a forfeiture 
penalty.4  The term "willful" as  used in Section 503(b) has 
been interpreted to  mean simply that the  acts or omissions 
are committed  knowingly and  the term "repeated"  means the 
commission or omission of the Act more than once or for more 
than one day.5 

     5.    Generally,  the   Rules   require  that   antenna 
structures that are  greater than 200 feet  in height comply 
with painting and lighting specifications designed to ensure 
air safety.6  Antenna structure owners must register antenna 
structures with the  Commission and post ASR  numbers at the 
base  of antenna  structures to  allow for  easy contact  if 
problems  arise.7   The  Rules requiring  antenna  structure 
registration  for all  antenna  structures that  may pose  a 
hazard to  air navigation have  been in effect  since 1996.8  
The  Commission  has  repeatedly advised  antenna  structure 
owners  that all  existing, unregistered  antenna structures 
subject to the  Rules must be registered  immediately or the 
owners will face a  monetary forfeiture or other enforcement 

     6.  Specifically, Section 17.4(a) of the Rules requires 
that the owner of any proposed or existing antenna structure 
that requires notice of proposed construction to the Federal 
Aviation Administration must register the structure with the 
Commission.  Redwood  owns the antenna structure  used by AM 
broadcast  station  KHOT   near  Madera,  California.   This 
structure  requires  notice  of proposed  construction,  and 
therefore, Commission registration,  because the structure's 
height  exceeds  200  feet.10    Redwood  is  aware  of  its 
responsibility  and  obligation   to  register  the  antenna 
structure.   Redwood  received  a  Notice  of  Violation  in 
December of 2002  for failing to register  the structure and 
Redwood's Vice  President represented  to the  Commission in 
January of 2003 that the structure would be registered.  Yet 
to  date, the  antenna  structure has  not been  registered.  
Based  on  the evidence  before  us,  we find  that  Redwood 
apparently willfully and repeatedly violated Section 17.4(a) 
of the  Rules by failing  to register its  antenna structure 
with the Commission.  

     7.   Pursuant  to  The Commission's  Forfeiture  Policy 
Statement  and Amendment  of Section  1.80 of  the Rules  to 
Incorporate the  Forfeiture Guidelines  (``Forfeiture Policy 
Statement'')11  and Section  1.80 of  the Rules,12  the base 
forfeiture  amount for  failure  to file  required forms  or 
information (e.g.,  failure to file an  antenna registration 
form)  is  $3,000.   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 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.13  
Considering  the  entire  record and  applying  the  factors 
listed above, this case warrants a $3,000 forfeiture.

                    IV.  ORDERING CLAUSES

     8.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b) of  the Act,14 and Sections  0.111, 0.311 and 
1.80  of  the Rules,15  Redwood  Family  Services, Inc.,  is 
in the amount of three thousand dollars ($3,000) for willful 
and repeated  violation of Section  17.4(a) of the  Rules by 
failing  to   register  its   antenna  structure   with  the 

     9.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Redwood Family Services,  Inc., SHALL PAY the full 
amount of  the proposed forfeiture  or SHALL FILE  a written 
statement seeking reduction or  cancellation of the proposed 

     10.  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. 20554.17

     11.  The  response, if any,  must be mailed  to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street  S.W.,  Washington   D.C.  20554,  Attn:  Enforcement 
Bureau-Spectrum  Enforcement Division  and MUST  INCLUDE THE 
NAL/Acct. No. referenced above.  

     12.   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 

     13  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.
     14.  IT  IS FURTHER  ORDERED THAT, a  copy of  this NAL 
shall be  sent by  regular mail  and Certified  Mail, Return 
Receipt Requested,  to Redwood Family Services,  Inc., P. O. 
Box 180, Tahoma, California 96142.


                         Thomas N. Van Stavern
                         District  Director,  San  Francisco 
                         Enforcement Bureau


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

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

3 Redwood Family is licensee of radio station KHOT as well 
as owner of the antenna structure used by KHOT.

4 47 U.S.C.  503(b).

5 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 (1991).  
Section 312(f)(2) of the Act, 47 U.S.C.  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 day."

6 47 C.F.R.  17.21.

7 47 C.F.R.  17.4.

8 Antenna structure owners were required to register 
existing antenna structures during a two-year filing period 
between July 1, 1996 and June 30, 1998, and to register new 
antenna structures prior to construction.  Streamlining the 
Commission's Antenna Structure Clearance Procedure, 11 FCC 
Rcd 4272 (1995).

9 Subsequent to the expiration of the filing period, the 
Commission staff issued a Public Notice warning antenna 
structure owners to register any unregistered antenna 
structures subject to our requirements immediately or face 
possible monetary forfeitures or other enforcement action.  
Public Notice, ``No?Tolerance Policy Adopted for 
Unregistered Antenna Structures,'' 1999 WL 10060 (WTB rel. 
Jan. 13, 1999).  In addition, in June and July 1999, the 
Wireless Telecommunications Bureau sent letters to licensees 
informing them that the Commission had no valid registration 
for their antenna site and that owners and, to the extent 
they were liable, tenants could face monetary forfeitures 
for antenna structures that remained unregistered.

10  47 C.F.R.  17.7(a).

11 12 FCC Rcd 17087 (1997), recon. denied 15 FCC Rcd 303 

12 47 C.F.R.  1.80.

13 47 U.S.C.  503(b)(2)(D).

14 47 U.S.C.  503(b).

15 47 C.F.R.  0.111, 0.311, 1.80.

16 47 C.F.R.  17.4(a).

17  47 C.F.R.  1.1914.