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

In the Matter of                   )      File Number EB-04-DL-047
Andrews Tower Rental, Inc.         )     NAL/Acct. No.200432500006
Owner of Antenna Supporting        )
Structure                          )              FRN 0006-1394-63
1058251 near Brownwood, Texas      )
Fort Worth, Texas                  )

                                     Released: June 10, 2004

By  the Enforcement  Bureau,  South  Central Region,  Dallas 

                         I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find Andrews Tower Rental, Inc. 
(``Andrews Tower''), owner of antenna structure 1058251 near 
Brownwood, Texas, apparently liable for a forfeiture in the 
amount of ten thousand dollars ($10,000) for the willful and 
repeated violation of Section 17.50 of the Commission's 
Rules (``Rules'').1  Specifically, we find Andrews Tower 
apparently liable for failure to clean and repaint its 
antenna structure to maintain good visibility.

                         II.  BACKGROUND

     2.   Antenna structure number 1058251 is located near 
Brownwood, Texas.  Andrews Tower is the registered owner of 
this structure.  The structure's Antenna Structure 
Registration (``ASR'') specifies that the structure be 

     3.   On February 18, 2004 an agent from the 
Commission's Dallas Office inspected Andrews Tower's antenna 
structure number 1058251.  The agent observed that the paint 
bands were faded, dull, and discolored.  The paint band 
marking had deteriorated over time, such that the bands 
could not be distinguished at a distance of one-fourth of a 
mile from the structure.  The deteriorated condition of the 
marking significantly reduced the antenna structure 
visibility.  The agent made additional observations of the 
antenna structure on February 19 and 20, 2004.

     4.   On February 24, 2004 and March 3, 2004, the agent 
interviewed John Andrews, Executive Vice President, of 
Andrews Tower.  Mr. Andrews stated they planned to repaint 
the tower after some restructuring of the tower was 
completed.  Construction on the tower, however, was not 
scheduled to commence until after the spring storm season.

                      III.  DISCUSSION

     5.   Section 17.50 of the Commission's Rules requires 
antenna structures requiring painting to be cleaned or 
repainted as often as necessary to maintain good visibility.  
On February 18, 2004 through February 20, 2004, Andrews 
Tower's antenna structure 1058251 near Brownwood, Texas had 
severely faded, dull and discolored paint, making the bands 
indistinguishable at a distance of one-fourth of a mile from 
the structure and resulting in poor visibility of the 
structure's obstruction markings.

     6.   Based on the evidence before us, we find Andrews 
Tower willfully2 and repeatedly3 violated Section 17.50 of 
the Rules by failing to clean and repaint antenna structure 
number 1058251 to maintain good visibility.

     7.   Pursuant to Section 1.80(b)(4) of the Rules,4 the 
base forfeiture amount for failure to comply with prescribed 
antenna structure markings 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.5  
Considering the entire record and applying the factors 
listed above, this case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 
1.80 of the Rules,7 Andrews Tower Rental, Inc. is hereby 
amount of ten thousand dollars ($10,000) for willful and 
repeated violation of Section 17.50 of the Rules by failing 
to clean and repaint its antenna structure to maintain good 

     9.   IT IS FURTHER ORDERED that, pursuant to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Andrews Tower Rental, 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. 20554.8

     11.  The response, if any, must be mailed to Federal 
Communications Commission, 9330 LBJ Freeway, Suite 1170, 
Dallas, Texas 75243 within thirty days of the release date 
of this NAL and MUST INCLUDE THE NAL/Acct. No. referenced 

     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 Andrews Tower Rental, Inc., 1420 Layton 
Ave., Fort Worth, Texas 76117.   

                              FEDERAL         COMMUNICATIONS 

                              James D. Wells
                              District Director, Dallas 
                              Office, South Central Region, 
                              Enforcement Bureau
Attachment A

1 47 C.F.R.  17.50

2 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 

3 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).

4 47 C.F.R.  1.80(b)(4).

5 47 U.S.C.  503(b)(2)(D).

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

7 47 C.F.R.  0.111, 0.311, 1.80.

8 See 47 C.F.R.  1.1914.