Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Telava Wireless, Inc. ) File Number EB-07-AT-110
Owner of Antenna Structure ) NAL/Acct. No. 200832480003
ASR # 1050197 ) FRN 0015598162
Fisk, Alabama )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 29, 2008
By the District Director, Atlanta Office, South Central Region,
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Telava Wireless, Inc. ("Telava"), owner of antenna structure
number 1050197 ("Tower"), located in Fisk, Alabama, apparently
willfully and repeatedly violated Sections 17.51(a) and 17.57 of the
Commission's Rules ("Rules") by failing to exhibit red obstruction
lighting from sunset to sunrise, and failing to notify the Commission
of a change in ownership of an antenna structure. We conclude,
pursuant to Section 503(b) of the Communications Act of 1934, as
amended ("Act"), that Telava is apparently liable for a forfeiture in
the amount of thirteen thousand dollars ($13,000).
2. On June 7, 2007, in response to a complaint that the lights on the
Tower were extinguished, an agent from the Commission's Atlanta Office
of the Enforcement Bureau ("Atlanta Office") consulted the
Commission's Antenna Structure Registration ("ASR") database and found
that International Communications Group, Inc., d/b/a Corban Networks
("ICG/Corban") was listed as the Tower owner. The agent called the
contact telephone numbers on record for ICG/Corban, but the numbers
were disconnected. The agent contacted the nearest Federal Aviation
Administration ("FAA") Flight Service Station, found that no notice to
airmen ("NOTAM") had been issued for the lighting extinguishment, and
had a NOTAM issued for the Tower. The agent later discovered that
ICG/Corban had been dissolved in bankruptcy with no apparent transfer
of ownership of the Tower.
3. On December 5, 2007, an agent from the Atlanta Office inspected the
Tower and found that the Tower lights were extinguished and that there
was no electrical service to the Tower. There was no ASR number posted
at the Tower base, and no other signage indicating the owner of the
Tower. The agent received information from an individual living near
the Tower, which led to the identity of the Tower's owner. On December
10, 2007, the agent from the Atlanta Office informed a contractor
hired by Telava to restore the Tower lighting that it must have NOTAMs
issued for the Tower until the lights are restored. That same day, the
agent also notified an Operations Specialist with Telava that the
Tower ownership information must be updated in the ASR database. On
February 1, 2008, the agent from the Atlanta Office reminded the
Operations Specialist with Telava that it must maintain a current
NOTAM with the FAA until the Tower lighting is restored.
4. On February 11, 2008, the District Director of the Atlanta Office sent
Telava a letter of inquiry ("LOI") regarding the Tower. On June 23,
2008, the Atlanta Office received a response to the LOI, dated May 15,
2008, signed by Telava's Chief Operating Officer ("response letter").
The documents provided with the response letter showed that Telava
purchased the Tower on November 1, 2006. The response letter further
stated that the Tower lights were extinguished when Telava purchased
the Tower and had remained extinguished since that date due to
Telava's failure to restore electrical service to the site. The
response letter also stated that "Telava failed to notify the FAA
regarding the structure light extinguishment due to the lack of
knowledge to doing so. We have recently learned of this necessary
requirement. Accordingly, all extinguishments have been noted."
Finally, Telava stated that it mailed the necessary paperwork to
update the ownership information for the tower on May 14, 2008.
5. On June 27, 2008, the agent from the Atlanta Office telephoned the
original complainant who reported that the lights were still
extinguished. No current NOTAM had been issued for the tower on that
date, and the FAA's records showed that no NOTAMs had been issued on
the tower within the month of June. The agent had another NOTAM issued
for the tower on June 27, 2008. On July 9, 2008, the agent observed
that electricity to the Tower had not yet been restored. As of July
29, 2008, ICG/Corban was still listed as the Tower owner in the ASR
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) of the Act 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 17.51(a) of the Rules requires that all red obstruction
lighting be exhibited from sunset to sunrise unless otherwise
specified. The Tower with ASR number 1050197 is required to have
obstruction marking and lighting in accordance with FAA Circular
Number 70/7460-F, Chapters 3, 4, 5, and 9. Specifically, the Tower is
required to have daytime obstruction marking (painted) and to display
red lights at night. On December 5, 2007 and July 9, 2008, an agent
from the Atlanta Office observed that the Tower lighting was
extinguished, because there was no electrical service to the Tower. In
its May 15, 2008 response letter, Telava stated that the Tower
lighting had been extinguished since it acquired the Tower on November
1, 2006, because power to the site had been disconnected. Telava also
stated that it failed to have a NOTAM issued between November 1, 2006
and May 15, 2008. Although Telava and its representatives were
informed of the NOTAM requirement on December 10, 2007 and February 1,
2008, Telava asserted in its May 15, 2008 response letter that it had
only recently become aware of the NOTAM requirement. Despite Telava's
assurances that it would maintain active NOTAMs for the Tower after
May 15, 2008, an agent from the Atlanta Office confirmed with the FAA
that no NOTAM had been issued for the Tower for the month of June
8. Section 17.57 of the Rules states that "[t]he owner of an antenna
structure for which an Antenna Structure Registration Number has been
obtained must...immediately notify the Commission using FCC Form 854
upon any change in structure height or change in ownership
information." Telava stated that it purchased the Tower on November 1,
2006, and did not immediately notify the Commission of the ownership
change. Telava was notified of the ownership information requirement
on December 10, 2007, but, according to its letter response, did not
file the required paperwork until May 14, 2008. However, the
Commission has not received the paperwork and, as of July 29, 2008,
ICG/Corban was still listed as the owner of the Tower in the ASR
9. Based on the evidence before us, we find that Telava apparently
willfully and repeatedly violated Sections 17.51(a) and 17.57 of the
Rules by failing to exhibit red obstruction lighting from sunset to
sunrise and failing to notify immediately the Commission of a change
of ownership of the Tower with ASR number 1050197.
10. 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 comply with prescribed lighting
and/or marking is $10,000, and 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)(E) 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 of the Rules,
and the statutory factors to the instant case, we conclude that Telava
is apparently liable for a $13,000 forfeiture.
IV. ORDERING CLAUSES
11. 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, Telava Wireless, Inc. is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of thirteen dollars ($13,000) for violations of Sections
17.51(a) and 17.57 of the Rules.
12. 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, Telava Wireless, Inc.
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the proposed
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/Account Number and FRN Number referenced
above. Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank - Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101. Payment by wire transfer may be made to ABA Number 021030004,
receiving bank TREAS/NYC, and account number 27000001. For payment by
credit card, an FCC Form 159 (Remittance Advice) must be submitted.
When completing the FCC Form 159, enter the NAL/Account number in
block number 23A (call sign/other ID), and enter the letters "FORF" in
block number 24A (payment type code). Requests for full payment under
an installment plan should be sent to: Chief Financial Officer --
Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
D.C. 20554. Please contact the Financial Operations Group Help Desk
at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
regarding payment procedures. Telava also will send electronic
notification on the date said payment is made to SCR-Response@fcc.gov.
14. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Atlanta Office,
3575 Koger Blvd., Suite 320, Duluth, GA 30096 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. 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 Telava Wireless, Inc. at its address
FEDERAL COMMUNICATIONS COMMISSION
Douglas G. Miller
South Central Region
47 C.F.R. S:S: 17.51(a), 17.57.
47 U.S.C. S: 503(b).
Section 17.48 (a) of the Rules states that "The owner of any antenna
structure which is registered...[s]hall report immediately by telephone or
telegraph to the nearest Flight Service Station or office of the Federal
Aviation Administration any observed or otherwise known extinguishment or
improper functioning of any top steady burning light or any flashing
obstruction light, regardless of its position on the antenna structure,
not corrected within 30 minutes." 47 C.F.R. S: 17.48(a).
This constitutes a separate violation of Section 17.4 of the Rules, which
requires the ASR number to be displayed in a conspicuous place readily
visible near the base of the antenna structure. 47 C.F.R. S: 17.4.
Between June and December 2007, an agent from the Atlanta Office
periodically contacted the FAA and had NOTAMs issued for the Tower.
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: 17.51(a).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 17.51(a),
(...continued from previous page)
Federal Communications Commission
Federal Communications Commission