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


In the Matter of                  )      File Number EB-04-TP-004
                                                            )
Vector Communications, Inc.       )     NAL/Acct. No.200532700007
Owner of Antenna Structures       )
1204872, 1204873 and 1204874      )                FRN 0006163547
Ocala, FL                         )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  
April 11, 2005

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

I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find that Vector Communications, 
Inc. (``Vector''), owner of antenna structures 1204872, 
1204873 and 1204874 and licensee of AM radio station WCFI in 
Ocala, Florida, apparently willfully and repeatedly violated 
Section 17.51(a) of the Commission's Rules (``Rules'')1 by 
failing to exhibit red obstruction lighting on antenna 
structures 1204872, 1204873 and 1204874.  We conclude, 
pursuant to section 503(b) of the Communications Act of 
1934, as amended (``Act''), that Vector is apparently liable 
for a forfeiture in the amount of twenty thousand dollars 
($20,000).

II.  BACKGROUND

     2.   Antenna structures #1204872, 1204873 and 1204874 
are located in Ocala, Florida.  Vector is the registered 
owner of the structures.  The Antenna Structure 
Registrations (``ASR'') specify that the structures must be 
painted and lit at night with red obstruction lighting (FCC 
Paragraphs 1, 3, 11 and 21). 

     3.   On August 19, 2004, agents from the Commission's 
Tampa Office of the Enforcement Bureau (``Tampa Office'') 
observed that antenna structures 1204873 and 1204874 were 
not illuminated per their assigned painting and lighting 
specifications.  The top red beacons of both antenna 
structures were extinguished.  A Notice to Airmen 
(``NOTAM'') had not been issued by Vector to the Federal 
Aviation Administration (``FAA'').

     4.     On October 7, 2004, agents from the Tampa Office 
interviewed AM Station WCFI's News Director.  The News 
Director stated that antenna structure 1204874 was unlit, 
that the top red beacon for antenna structure 1204873 was 
extinguished, and that a NOTAM had not been issued by Vector 
to the FAA.  

     5.    On January 31, 2005, agents from the Tampa Office 
observed that antenna structures 1204872, 1204873 and 
1204874 were not illuminated per their assigned painting and 
lighting specifications.  All three structures were unlit.  
The agents confirmed that no NOTAM had been issued for any 
of the three structures.  

     6.   On February 1, 2005, the agents advised the AM 
Station WCFI's General Manager that the three antenna 
structures were unlit.  According to the utility company, 
the power to the antenna structures was disconnected in 
October 2004.  

     7.   On February 10 and 16, 2005, the agents confirmed 
that no NOTAM had been issued for any of the antenna 
structures.  

III.  DISCUSSION

     8.   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 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.2  The term ``repeated'' means the 
commission or omission of such act more than once or for 
more than one day.3 

     9.   Section 17.51(a) states that all red obstruction 
lighting shall be exhibited from sunset to sunrise unless 
otherwise specified.  On August 19, 2004, agents from the 
Tampa Office observed that the top red obstruction lighting 
beacons on structures 1204873 and 1204874 were extinguished 
and that a NOTAM had not been issued by Vector.  On October 
7, 2004, an employee of Vector confirmed that structure 
1204874 was unlit, that the top red beacon on structure 
1204874 was extinguished, and that a NOTAM had not been 
issued by Vector.  On January 31, 2005, agents from the 
Tampa Office observed that antenna structures 1204872, 
1204873 and 1204874 were unlit and confirmed that no NOTAM 
had been issued.4  On February 1, 2005, agents from the 
Tampa Office advised Vector's station General Manager that 
the three antenna structures were unlit.  On February 10 and 
16, 2005, no NOTAM had been issued by Vector for any of the 
structures.    

     10.  Based on the evidence before us, we find that 
Vector apparently willfully and repeatedly violated Section 
17.51(a) of the Rules by failing to exhibit red obstruction 
lighting on structures 1204872, 1204873 and 1204874.  
Moreover, Vector must submit a statement detailing the steps 
taken to repair structures 1204872, 1204873 and 1204874 
within thirty days.

     11.  Pursuant to Section 1.80(b)(4) of the Rules,5 the 
base forfeiture amount for failure to comply with prescribed 
lighting and/or marking is ten thousand dollars ($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 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.6  Pursuant to Section 
1.80(b)(4), forfeiture amounts may be adjusted upward for 
repeated or continuous violations.  Prior to the August 19, 
2004 inspection, agents from the Tampa Office observed on 
March 12, October 9, and October 14, 2003 that the red 
obstruction lighting on Vector's antenna structure was 
extinguished and a NOTAM had not been issued.  After October 
2004, all of Vector's antenna structures were incapable of 
being lit.  Accordingly, we believe an upward adjustment to 
$20,000 is appropriate for the lighting violation.  
Considering the entire record and applying the factors 
listed above, this case warrants a $20,000 forfeiture.

IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Communications Act of 1934, as 
amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the 
Commission's Rules, Vector Communications, Inc. is hereby 
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the 
amount of twenty thousand dollars ($20,000) for willful and 
repeated violation of Section 17.51(a) of the Rules.7

     11.  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, Vector Communications, Inc. SHALL PAY the full 
amount of the proposed forfeiture or SHALL FILE a written 
statement seeking reduction or cancellation of the proposed 
forfeiture.

     12.  IT IS FURTHER ORDERED that, pursuant to Section 
308(b) of the Act,8 Vector Communications, Inc. must submit 
a statement detailing the steps taken to repair structures 
1204872, 1204873 and 1204874 within thirty days of the 
release date of this NAL to the Federal Communications 
Commission, Enforcement Bureau, South Central Region, 3575 
Koger Boulevard, Suite 320, Duluth, GA 30096-4958, 
Attention: Regional Counsel.

     13.  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.

     14.  The response, if any, must be mailed within thirty 
days of the release date of this NAL to Federal 
Communications Commission, Enforcement Bureau, Tampa Field 
Office, 2203 N. Lois Avenue, Suite 1215, Tampa, Florida 
33607 and must include the NAL/Acct. No. referenced in the 
caption.  

     15.  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.  

     16.  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. 20554.8

     17.  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, 
Vector Communications, Inc., 3621 NW 10th Street, Ocala, FL 
34475 and 661 Little Britian Road, New Windsor, NY, 12553.


                         FEDERAL COMMUNICATIONS COMMISSION


                         Ralph M. Barlow
                         Tampa Office, Enforcement Bureau
_________________________

147 C.F.R. § 17.51(a).

2Section 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).

3Section 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.'' 

4Because power to the antenna structures was disconnected, 
the antenna structures were incapable of being lit after 
October 2004.

547 C.F.R. § 1.80(b)(4).

647 U.S.C. § 503(b)(2)(D).

747 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80, 
17.51(a).

8See 47 C.F.R. § 1.1914.

8See 47 C.F.R. § 1.1914.