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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-05-TP-053
)
Mega Communications of St. ) NAL/Acct. No.200532700006
Petersburg Licensee )
L.L.C. ) FRN 0003782802
Owner of Antenna Structures )
1040052, 1040053, and 1040054 )
Silver Springs, MD
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 11, 2005
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 Mega Communications of St.
Petersburg Licensee, L.L.C. (``Mega Communications''), owner
of antenna structures #1040052, 1040053, and 1040054 in
Largo, Florida, apparently liable for a forfeiture in the
amount of ten thousand dollars ($10,000) for willful
violation of Section 17.21 of the Commission's Rules
(``Rules'').1 Specifically, we find Mega Communications
apparently liable for failing to comply with prescribed
antenna structure painting and lighting specifications.
II. BACKGROUND
2. On January 18, 2005, in response to a public
safety inquiry, an agent from the Commission's Tampa Field
Office of the Enforcement Bureau (``Tampa Office'')
contacted Mega Communications, the registered owner of
Antenna Structures #1040052, 1040053, and 1040054, located
in Largo, Florida. The structures' Antenna Structure
Registration (``ASR'') specifies that all three of these
structures should be painted and lighted in accordance with
Federal Aviation Administration (``FAA'') study 1997-ASO-
4838-OE. When asked about the structures, Mega
Communications stated that it believed the structures did
not require lights and admitted that the structures had
never been painted or lit. Mega Communications, however,
did notify the FAA of the structures' lighting outages after
speaking to the agent.
3. On January 25, 2005, in response to another public
safety inquiry, agents from the Tampa Office inspected
Antenna Structures #1040052, 1040053, and 1040054. The
antenna structures were not painted or lit. A valid Notice
to Airmen had been issued for the structures.
III. DISCUSSION
4. Section 17.21 states that antenna structures shall
be painted and lighted when they exceed 60.96 meters (200
feet) in height above the ground or they require special
aeronautical study.2 Although less than 200 feet in height,
the FAA determined through an aeronautical study conducted
in 1997 that Antenna Structures #1040052, 1040053, and
1040054 should be painted and lit. On January 18, 2005,
Mega Communications admitted that Antenna Structures
#1040052, 1040053, and 1040054 had never been painted or
lit. On January 25, 2005, agents confirmed that the antenna
structures were not painted or lit.
5. Based on the evidence before us, we find Mega
Communications willfully3 violated Section 17.21 of the
Rules by failing to comply with antenna structure painting
and lighting specifications.
6. Pursuant to Section 1.80(b)(4) of the Rules,4 the
base forfeiture amount for failure to comply with the
prescribed painting and lighting specifications 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
7. Accordingly, IT IS ORDERED that, pursuant to
Section 503(b) of the Communications Act of 1934, as
amended,6 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules,7 Mega Communications of St. Petersburg
Licensee, L.L.C. is hereby NOTIFIED of this APPARENT
LIABILITY FOR A FORFEITURE in the amount of ten thousand
dollars ($10,000) for willful violation of Section 17.21 of
the Rules by failing to comply with the painting and
lighting requirements for three antenna structures.
8. IT IS FURTHER ORDERED that, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Mega Communications of St. Petersburg Licensee,
L.L.C. SHALL PAY the full amount of the proposed forfeiture
or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
9. Payment of the forfeiture must be made by check or
similar instrument, payable to the order of the Federal
Communications Commission. Payment by check or money order
may be mailed to Forfeiture Collection Section, Finance
Branch, Federal Communications Commission, P.O. Box 73482,
Chicago, IL 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. The payment should note
NAL/Acct. No.200532700006, and FRN 0003782802. Requests for
payment of the full amount of this NAL under an installment
plan should be sent to: Chief, Revenue and Receivable
Operations Group, 445 12th Street, S.W., Washington, D.C.
20554.8
10. The response, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, South Central
Region, 2203 North Lois Avenue, Tampa, Florida 33607 within
thirty days of the release date of this NAL and MUST INCLUDE
THE NAL/Acct. No. referenced above.
11. 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.
12. IT IS FURTHER ORDERED that a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Mega Communication at its record of
address.
FEDERAL COMMUNICATIONS
COMMISSION
Ralph M. Barlow
Tampa Office
South Central Region
Enforcement Bureau
_________________________
147 C.F.R. § 17.21
2Id.
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).
447 C.F.R. § 1.80(b)(4).
547 U.S.C. § 503(b)(2)(D).
647 U.S.C. § 503(b).
747 C.F.R. §§ 0.111, 0.311, 1.80.
8See 47 C.F.R. § 1.1914.