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


In the Matter of                   )      File Number EB-04-TP-270
                                                             )
Shadavrus Capital Trust, Inc.      )     NAL/Acct. No.200532700001
Owner    of   Antenna    Structure )
Registration  Number  1027884   in )                FRN 0005803648
Lecanto, Florida                   )
Clearwater, FL

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                   Released: October 7, 2004  

By  the  District  Director,  Tampa  Office,  South  Central 
Region, Enforcement Bureau:

I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find that Shadavrus Capital Trust, 
Inc. (``Shadavrus''), owner of antenna structure 1027884 in 
Lecanto, Florida, apparently willfully and repeatedly 
violated Section 17.57 of the Commission's Rules 
(``Rules'')1 by failing to notify immediately the Commission 
upon a change in ownership information.  We conclude, 
pursuant to Section 503(b) of the Communications Act of 
1934, as amended (``Act''),2 that Shadavrus is apparently 
liable for a forfeiture in the amount of three thousand 
dollars ($3,000).

II.  BACKGROUND

     2.   On June 29, 2004, the District Director of the 
Commission's Tampa Office of the Enforcement Bureau issued a 
Letter of Inquiry (LOI) addressed to Shadavrus regarding the 
ownership of antenna structure 1027884.  In its response to 
the LOI, Shadavrus stated that Heart of Citrus, Inc. was the 
original owner of the antenna structure.  Shadavrus stated 
that ownership of the antenna structure was transferred from 
Heart of Citrus, Inc. to it on November 30, 1998 or shortly 
thereafter.  Shadavrus did not submit an application to 
change ownership of the antenna structure from Heart of 
Citrus, Inc. to itself until March 10, 2004.        
     
III.  DISCUSSION

     3.   Section 17.57 of the Rules requires that the owner 
of an antenna structure immediately notify the Commission 
upon any change in structure height or change in ownership 
information.  Shadavrus acquired antenna structure 1027884 
from Heart of Citrus, Inc. on or around November 30, 1998.  
However, Shadavrus did not notify the Commission of this 
change in ownership until March 10, 2004.  

     4.   Based on the evidence before us, we find Shadavrus 
willfully3 and repeatedly4 violated Section 17.57 of the 
Rules by failing to notify immediately the Commission upon a 
change in ownership information for an antenna structure.

     5.   Pursuant to Section 1.80(b)(4) of the Rules,5 the 
base amount for failure to file required forms or 
information is $3,000.  Section 503(b)(2)(D) of the 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, we conclude 
that Shadavrus is apparently liable for a $3,000 forfeiture.

IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Communications Act of 1934, as 
amended,7 and Sections 0.111, 0.311 and 1.80 of the 
Commission's Rules,8 Shadavrus Capital Trust, Inc. is hereby 
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the 
amount of three thousand dollars ($3,000) for willful and 
repeated violation of Section 17.57 of the Rules by failing 
to notify immediately the Commission upon a change in 
ownership information.

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

     8.   Payment of the forfeiture must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the 
NAL/Acct. No. and FRN No. referenced above.  Payment by 
check or money order may be mailed to Forfeiture Collection 
Section, Finance Branch, Federal Communications Commission, 
P.O. Box 73482, Chicago, Illinois 60673-7482.  Payment by 
overnight mail may be sent to Bank One/LB 73482, 525 West 
Monroe, 8th Floor Mailroom, Chicago, IL 60661.  Payment by 
wire transfer may be made to ABA Number 071000013, receiving 
bank Bank One, and account number 1165259.  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
 
     9.   The response if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, Tampa Field 
Office, 2203 N. Lois Avenue, Tampa, FL, 33607 within thirty 
days of the release date of this NAL, and MUST INCLUDE the 
NAL/and FRN referenced in the letterhead above.
·  
     10.  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.

     11.  IT IS FURTHER ORDERED that a copy of this NAL 
shall be sent by regular mail and Certified Mail Return 
Receipt Requested to Shadavrus Capital Trust, Inc., 3343 
Hyde Park Drive, Clearwater, FL 33761 and James A. Koerner, 
Counsel for Shadavrus Capital Trust, Inc., 5809 Nicholson 
Lane, Suite 124, Bethesda, MD 20952-5706.


                              FEDERAL COMMUNICATIONS 
COMMISSION



                              Ralph M. Barlow
                              District Director - Tampa 
     Office    
                              South Central Region          
Enforcement Bureau

               
_________________________

147 C.F.R. § 17.57. 

247 U.S.C. § 503(b).

3Section 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).

4Section 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.''

547 C.F.R. § 1.80(b)(4).

647 U.S.C. § 503(b)(2)(D).

747 U.S.C. § 503(b).

847 C.F.R. §§ 0.111, 0.311, 1.80.

947 C.F.R. § 1.80

10See 47 C.F.R. § 1.1914.