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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Conneaut Telephone Company ) File Number: EB-04-
) BF-186
Conneaut, Ohio )
) NAL/Acct. No:
) 200632280002
FRN 0005942115
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 4,
2006
By the Resident Agent, Buffalo Office, Northeast Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that Conneaut Telephone Company (``Conneaut'')
has apparently willfully and repeatedly violated Section 17.4(a)
of the Commission's Rules (``the Rules'')1 by failing to register
its antenna structure. We conclude, pursuant to Section 503(b) of
the Communications Act of 1934, as amended (``Act''),2 that
Conneaut is apparently liable for a forfeiture in the amount of
three thousand dollars ($3,000).
II. BACKGROUND
2. On June 29, 2005 an agent from the Buffalo Office
conducted a routine inspection of a 304 foot antenna tower located
on Route 20 in the town of Conneaut, Ohio. During the inspection,
the agent did not observe an Antenna Structure Registration (ASR)
number posted at the base of the structure, as required under the
Commission's Rules. Using the tower's coordinates, the agent
searched the Commission's ASR Database and found no evidence that
the tower was registered.
3. During the inspection, the agent spoke to a
representative of Cablesuite 541 (Cablesuite), which is the cable
system that serves Conneaut, Ohio. According to the Cablesuite
representative, the tower serves as the cable system's head end
and is owned by Cablesuite. On July 12, 2005, the agent spoke
with another Cablesuite representative, who confirmed that the
tower was not registered and indicated that the tower was built
around 1999 or 2000. This second Cablesuite representative also
provided the agent the Federal Aviation Administration's (``FAA'')
``Determination of No Hazard to Air Navigation'' letter that was
issued to Conneaut on April 26, 2001. The letter confirmed that
the tower was 304 feet and assigned painting and lighting
requirements. The agent subsequently determined that the tower is
owned by Conneaut, which is Cablesuite's parent company.3
4. As of November 18, 2005, the antenna structure is
registered to Conneaut, ASR No. 1250985.
III. DISCUSSION
5. 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) of the Act has been interpreted to mean
simply that the acts or omissions are committed knowingly.4 The
term ``repeated'' means the commission or omission of such act
more than once or for more than one day.5
6. Section 17.4(a) of the Rules requires that ``the owner
of any proposed or existing antenna structure that requires notice
of proposed construction to the Federal Aviation Administration
must register the structure with the Commission.''6 Section
17.7(a) of the Rules states that notice to the FAA is required
when the height of a tower exceeds 200 feet.7 Conneaut's 2001 FAA
``Determination of No Hazard to Air Navigation'' indicates that
the antenna structure is 304 feet and therefore Conneaut was
required to register the tower with the Commission. The tower
remained unregistered until November 18, 2005. Accordingly, we
find that Conneaut apparently willfully and repeatedly violated
the Rules by failing to register its antenna structure, as
required by Section 17.4(a) of the Rules.
7. In The Commission's Forfeiture Policy Statement and
Amendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines ("Forfeiture Policy Statement"),8 and
Section 1.80 of the Rules,9 the base forfeiture amount for failure
to file required forms or information is set at three thousand
dollars ($3,000). 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 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.10 Applying the Forfeiture Policy Statement, Section
1.80, and the statutory factors to the instant case, we conclude
that Conneaut is apparently liable for a forfeiture of $3000.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Sections
4(i), 4(j), and 503(b) of the Communications Act of 1934, as
amended, and Sections 0.111, 0.311 and 1.80 of the Commission's
Rules,11 Conneaut Telephone Company 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 17.4(a) of the Rules.
9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
the Commission's Rules, within thirty (30) days of the release
date of this Notice of Apparent Liability for Forfeiture, Conneaut
Telephone Company SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
10. 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 Federal Communications Commission, P.O.
Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail
may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room
1540670, Pittsburgh, PA 15251. Payment by wire transfer may be
made to ABA Number 043000261, receiving bank Mellon Bank, and
account number 911-6106.
11. The response, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, Northeast Region,
Buffalo Office, 6400 Sheridan Drive, Suite 140, Box
#6,Williamsville, New York 14221, within thirty (30) days from
the release date of this Notice of Apparent Liability for
Forfeiture and must include the NAL/Acct. No. referenced in the
caption.
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 submitted.
13. Requests for payment of the full amount of this Notice
of Apparent Liability for Forfeiture under an installment plan
should be sent to: Associate Managing Director, Financial
Operations, Revenue and Receivables Operations Group, 445 12th
Street, S.W., Room 1A625, Washington, D.C. 20554.12
14. 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 Conneaut, at its
address of record.
FEDERAL COMMUNICATIONS COMMISSION
David A. Viglione
Resident Agent
Buffalo Office
Northeast Region
Enforcement Bureau
_________________________
147 C.F.R. §§ 17.4(a).
247 U.S.C. § 503(b).
3 Cablesuite owns the antennas that are located on the tower and
the Cablesuite representatives with whom the agent spoke believed
that Cablesuite owned the tower as well.
4Section 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).
5Section 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.''
647 C.F.R. § 17.4(a).
747 C.F.R. § 17.7(a)
812 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
9747 C.F.R. § 1.80.
10847 U.S.C. § 503(b)(2)(D).
11 7 U.S.C. §§ 4(i), 4(j), 503(b); 47 C.F.R. §§ 0.111,0.311, 1.80.
12 47 C.F.R. § 1.1914