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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Maranatha Investment Partnership ) File Number: EB-07-DV-014
Antenna Structure Registrant ) NAL/Acct. No.: 200732800007
Grand Junction, Colorado ) FRN: 0016214637
ASR # 1024137 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 31, 2007
By the District Director, Denver Office, Western Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Maranatha Investment Partnership ("MIP"), registered owner of
antenna structure # 1024137, in Grand Junction, Colorado, apparently
repeatedly violated Section 17.57 of the Commission's Rules ("Rules")
by failing to immediately notify the Commission of a change in
ownership information for antenna structure # 1024137. We conclude,
pursuant to Section 503(b) of the Communications Act of 1934, as
amended ("Act"), that MIP is apparently liable for a forfeiture in the
amount of three thousand dollars ($3,000).
II. BACKGROUND
2. On January 4, 2007, agents of the Enforcement Bureau's Denver Office
conducted an inspection of antenna structure # 1024137, located at 610
24 . Road, Grand Junction, Colorado. The agents observed that the
antenna structure registration number was posted at the tower site,
but no active transmitters were observed operating from the structure.
3. On January 8, 2007, a search of the Commission's Antenna Structure
Registration ("ASR") database revealed that antenna structure #
1024137 was registered to Mustang Broadcasting Co. ("Mustang"). A
review of Commission records revealed that KTMM, serving Grand
Junction, Colorado and currently licensed to MBC Grand Broadcasting,
Inc. ("MBC"), was previously licensed to transmit from the location of
antenna structure # 1024137 under its former call sign KQIL.
Commission records also revealed that Mustang was the former licensee
of station KTMM.
4. On March 1, 2007, the Denver Office issued a Letter of Inquiry ("LOI")
to MBC asking if MBC was the owner of antenna structure # 1024137. On
March 13, 2007, the Denver Office received a response to the LOI from
MBC which stated that an affiliate of KTMM, Maranatha Investment
Partnership ("MIP"), was the current owner of antenna structure #
1024137. According to the Response, MIP acquired antenna structure #
1024137 in January of 2000.
5. On March 12, 2007, MIP filed an application to update the ownership
information on the ASR for antenna structure # 1024137. On March 13,
2007, the application was granted and the ASR for antenna structure #
1024137 showed MIP as the registrant of the antenna structure.
III. DISCUSSION
6. 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. The term "repeated" means the commission or omission of
such act more than once or for more than one day.
7. Section 17.57 of the Rules requires the owner of an antenna structure
to immediately notify the Commission, using FCC Form 854, upon any
change in structure height or change in ownership information. We
require antenna structure owners to maintain current antenna structure
registration information with the Commission and post ASR numbers at
the base of antenna structures to allow for easy contact if problems
arise. According to the LOI Response, MIP acquired antenna structure #
1024137 in January, 2000. After an inspection of the structure, a
January 8, 2007, review of the Commission's ASR database showed
Mustang, the antenna structure's previous owner, as the registrant of
the structure. On March 13, 2007, MIP's application to update the
ownership information in the Commission's ASR database, filed on March
12, 2007, was granted.
8. From January of 2000, until March 12, 2007, MIP failed to notify the
Commission that it had acquired antenna structure # 1024137. This
violation occurred for more than one day, therefore, it is repeated.
Based on the evidence before us, we find that MIP apparently
repeatedly violated Section 17.57 of the Rules by failing to
immediately notify the Commission about a change in ownership for
antenna structure # 1024137 in Grand Junction, Colorado.
9. 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 failure to file required forms or
information is $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.
Applying the Forfeiture Policy Statement, Section 1.80, and the
statutory factors to the instant case, we conclude that MIP is
apparently liable for a $3,000 forfeiture. We note that MIP notified
the Commission of its ownership of antenna structure # 1024137 after a
Letter of Inquiry was issued by the Denver Office. The Commission has
stated in the past that an antenna structure registrant is expected to
correct errors when they are brought to the registrant's attention and
that such correction is not grounds for a downward adjustment in the
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, Maranatha Investment
Partnership is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of three thousand dollars ($3,000) for
violations of Section 17.57 of the Rules.
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, Maranatha Investment
Partnership SHALL PAY the full amount of the proposed forfeiture or
SHALL FILE a written statement seeking reduction or cancellation of
the proposed forfeiture.
12. 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.
13. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Western Region, Denver Office, 215 S.
Wadsworth Blvd., Suite 303, Lakewood, Colorado, 80226 and must include
the NAL/Acct. No. referenced in the caption.
14. 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.
15. 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, Room 1A625, 445
12th Street, S.W., Washington, D.C. 20554.
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 Maranatha Investment Partnership.
FEDERAL COMMUNICATIONS COMMISSION
Nikki P. Shears
District Director
Denver Office
Western Region
Enforcement Bureau
47 C.F.R. S: 17.57.
47 U.S.C. S: 503(b).
Antenna structure # 1024137 is required to have painting and lighting in
accordance with FCC Paragraphs 1, 3, 12 and 21.
See Response of MBC Grand Broadcasting, dated March 13, 2007 ("Response").
In the Response, MBC incorrectly identified the broadcast station
affiliated with MIP as KTTM, Facility ID No. 47151. The correct call sign
for this facility ID No. is KTMM, which is licensed to MBC.
Section 312(f)(1) of the Act, 47 U.S.C. S: 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).
Section 312(f)(2) of the Act, 47 U.S.C. S: 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."
47 C.F.R. S: 17.57.
See, e.g., American Tower Corporation, 16 FCC Rcd 1282 (2001) ) (Notice of
Apparent Liability); American Tower Corporation, 16 FCC Rcd 14937 (2001)
(Consent Decree between the Commission and American Tower Corporation).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S:1.80.
47 U.S.C. S: 503(b)(2)(E).
AT&T Wireless Services, Inc. 17 FCC Rcd 21866, 21871-76 (2002). We note
that the attorney who responded to the LOI for MBC also signed the
application updating the ownership information for MIP. See Application
No. A0543913.
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 17.57.
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
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Federal Communications Commission