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

In the Matter of                 )
                                 )
New Northwest Broadcasters LLC   )      File Number:  EB-03-AN-031
                                 )
Registrant of Antenna Structure  )      NAL/Acct. No. 200432780002
Fairbanks, Alaska                )                  FRN 0003799814
ASR #1023331                     )



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                              Released:  June 29, 
                                                             2004

By the Anchorage Resident Agent Office, Western Region, 
Enforcement Bureau:


I.  INTRODUCTION


     1.   In this Notice of Apparent Liability for Forfeiture 
("NAL"), we find that New Northwest Broadcasters LLC 
("Northwest"), registrant of antenna structure #1023331, in 
Fairbanks, Alaska, apparently repeatedly violated Section 17.23 
of the Commission's Rules ("Rules")1 by failing to comply with 
the antenna structure lighting requirements specified for antenna 
structure #1023331.2  We conclude, pursuant to Section 503(b) of 
the Communications Act of 1934, as amended ("Act"),3 that 
Northwest is apparently liable for a forfeiture in the amount of 
ten thousand dollars ($10,000).


II.  BACKGROUND


     2.   On May 20, 2003, agents from the Anchorage Resident 
Agent Office inspected antenna structure #1023331, located at 605 
Farmers Loop Road in Fairbanks, Alaska.  The registered owner of 
the structure is Northwest.4  The antenna structure is required 
to have ``Obstruction Marking and Lighting'' in accordance with 
the applicable chapters of FAA Advisory Circular 70/7460-1J.5  
Specifically, the structure is required to have a ``dual 
lighting'' system which ``consists of red lights for nighttime 
and high or medium intensity flashing white lights for daytime or 
twilight.''6   The FAA Notice announcing these requirements was 
issued to the original owner of the antenna structure on March 
11, 1997.  In their inspection on May 20, 2003, the agents 
observed one red beacon mounted on the top of the antenna 
structure and three red lights mounted at the mid level. The 
agents did not observe the required flashing white lights. 

     3.   On February 10, 2004, the Anchorage Resident Agent 
Office sent Northwest a Letter of Inquiry requesting further 
information concerning the lighting installed on the antenna 
structure and asking whether Northwest was aware that the FAA 
Notice to the previous owner of the structure specifies a dual 
lighting system requirement for the structure.7  Northwest 
responded by letter dated March 16, 2004.8  In its Response, 
Northwest states that since its acquisition of the structure from 
Northern Television, Inc., (``Northern'') the structure has only 
had red obstruction lighting.9  Northwest asserts that when it 
acquired the structure from Northern, representations and 
warranties in the sales contract indicated that Northern's 
operation of the assets, including the antenna structure, was in 
compliance with relevant legal standards.10 Northwest states that 
it first became aware that there was a compliance issue regarding 
the antenna structure's lighting when it received the LOI.11  
Northwest also states that it obtained a copy of the FAA Notice 
on March 9, 2004, after contacting the FAA, and at that time was 
able to confirm the requirement of dual lighting for the 
structure.12  Upon learning that the structure had a dual 
lighting requirement, Northwest states that it took steps to 
remedy the situation by placing an order for a dual lighting 
system, which has since been installed.13  Northwest asserts that 
it has taken prompt steps to remedy the situation, has been 
diligent in correcting the matter, and that the matter warrants 
no further Commission action.14 


III.  DISCUSSION


     4.   Section 503(b) of the Act provides that any person who 
willfully fails to comply substantially with the terms and 
conditions of any license, or willfully fails to comply with any 
of the provisions of the Act or of any rule, regulation or order 
issued by the Commission thereunder, shall be liable for a 
forfeiture penalty.  The term "willful" as used in Section 503(b) 
has been interpreted to mean simply that the acts or omissions 
are committed knowingly.15  The term ``repeated'' means the 
commission or omission of such act more than one or for more than 
one day.16 

     5.   Section 17.23 of the rules requires that registered 
antenna structures conform to the mandatory FAA painting and 
lighting recommendations set forth on the FAA Notice issued to 
the structure owner.17  The FAA Notice for antenna structure 
#1023331 requires that that the structure have a ``dual 
lighting'' system which ``consists of red lights for nighttime 
and high or medium intensity flashing white lights for daytime or 
twilight.''18    

     6.   Since 2000, Northwest has been the registered owner of 
antenna structure #1023331, located in Fairbanks, Alaska.  
Despite the structure's dual lighting requirement described 
above, an inspection of the antenna structure on May 20, 2003 
revealed that the required medium white lights were not mounted 
on the structure. By letter dated March 16, 2004, Northwest 
indicated that antenna structure #1023331 has not had the 
required white lighting for at least ``approximately four years 
until the present.''19 

     7.   Based on the evidence before us, we find that Northwest 
repeatedly violated Section 17.23 of the Rules by failing to 
conform to the FAA's dual lighting requirements as set forth in 
the FAA Notice for antenna structure # 1023331.

     8.   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"), and Section 1.80 of the Rules, the base forfeiture 
amount for failing to comply with the prescribed lighting and/or 
marking for an antenna structure is $10,000.20  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 violations, and with respect to the violator, the degree of 
culpability, and history of prior offenses, ability to pay, and 
other such matters as justice may require.21  Applying the 
Forfeiture Policy Statement and the statutory factors, we 
conclude that a $10,000 forfeiture is warranted.  


IV.  ORDERING CLAUSES


     9.   Accordingly, IT IS ORDERED that, pursuant to Section 
503(b) of the Communications Act of 1934, as amended, and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules, New 
Northwest Broadcasters LLC is hereby NOTIFIED of this APPARENT 
LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars 
($10,000) for violations of Section l7.23 of the Rules.22

     10.  IT IS FURTHER ORDERED that, pursuant to Section 1.80 of 
the Commission's Rules within thirty days of the release date of 
this Notice of Apparent Liability for Forfeiture, New Northwest 
Broadcasters 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 must include 
the FCC Registration Number (FRN) and the NAL/Acct. No. 
referenced in the caption.

     12.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, Western Region. 
Anchorage Resident Agent Office, P.O. Box 221849, Anchorage, AK, 
99522-1849 and must include the NAL/Acct. No. referenced in the 
caption.  

     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.  Requests for payment of the full amount of this Notice 
of Apparent Liability for Forfeiture under an installment plan 
should be sent to: Chief, Revenue and Receivables Operations 
Group, 445 12th Street, S.W., Washington, D.C. 20554.23

     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 Enforcement Bureau, Spectrum 
Enforcement Division, 445 12th Street, S.W., Washington, D.C. 
20554.  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 for Forfeiture shall be sent by Certified 
Mail, Return Receipt Requested, and regular mail, to New 
Northwest Broadcasters LLC, 15405 S.E. 37th Street, Suite 130, 
Bellevue, Washington, 98006. 



                              FEDERAL COMMUNICATIONS COMMISSION



                              Marlene Windel, Resident Agent
                              Anchorage Resident Agent Office
                              Western Region
                              Enforcement Bureau



Enclosure:  FCC List of Small Entities

_________________________

147 C.F.R. § 17.23.
2Pursuant to Section 17.23, antenna structures to be registered 
must conform with the Federal Aviation Administration's 
(``FAA's'') painting and light recommendation as set forth on the 
FAA Notice to the owner of the structure.  The Notice contains 
the FAA's determination of ``no hazard,'' as referenced in FAA 
Advisory Circulars: AC 70/7460-1J, ``Obstruction Marking and 
Lighting, effective January 1, 1996, and AC 150/5345-43E, 
``Specification for Obstruction Lighting Equipment,'' dated 
October 19, 1995.  These circulars are incorporated by reference 
in Section 17.23 of the Rules and ``contain FAA recommendations 
for painting and lighting structures which pose a potential 
hazard to air navigation.  For purposes of this part, the 
specifications, standards, and general requirements stated in 
these documents are mandatory.'' 47 C.F.R. § 17.23.  
347 U.S.C. § 503(b).  
4According to Commission records, Northwest acquired ownership of 
antenna structure #1023331 on August 19, 2000.
5March 11, 1997 Federal Aviation Administration Notice to 
Northern Television, Inc.: Aeronautical Study No. 97-AAL-0041-OE 
(``FAA Notice'').  Pursuant to the FAA Notice, this antenna 
structure is required to conform to the obstruction marking and 
lighting requirements found in Chapters Four and Eight of FAA 
Advisory Circular 70/7460-1J.
6FAA Advisory Circular 70/7460-1J, Chapter Four.
7February 10, 2004 Letter of Inquiry from the Anchorage Resident 
Agent Office to Northwest (``LOI'').
8March 16, 2004 Letter from Northwest to the Anchorage Resident 
Agent Office (``Response'').  Northwest requested, and received, 
a two-week extension to file its Response. February 27, 2004 
Letter from David J. Charlton, Resident Agent, Federal 
Communications Commission to New Northwest Broadcasters, LLC.   
9Response at 1.
10Response at 1.
11Response at 1.
12Response at 2.
13Response at 2; May 13, 2004 Letter from M. Anne Swanson, Dow, 
Lohnes & Albertson, to Marlene Windel, Resident Agent, Federal 
Communications Commission.
14Response at 3.  Northwest asserts that if the Commission 
disagrees with this assessment, Northwest should be subject to, 
at most, an admonishment.  Response at 3.
15Section 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 or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
16Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also 
applies to violations for which forfeitures are assessed under 
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.'' 
1747 C.F.R. § 17.23
18FAA Advisory Circular 70/7460-1J, Chapter Four.
19Response at.1.
2012 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. §1.80.
2147 U.S.C. § 503(b)(2)(D).
2247 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80, 17.23.
23See 47 C.F.R. § 1.1914.