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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                               
                                                                            
                                            )                               
     In the Matter of                                                       
                                            )     File Number EB-07-TP-246  
     Jacksonville MSA Limited Partnership                                   
                                            )   NAL/Acct. No. 200932700001  
     MacClenny, FL                                                          
                                            )               FRN 0001842707  
     Owner of Antenna Structure # 1247216                                   
                                            )                               
                                                                            
                                            )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: October 6, 2008

   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
       that Jacksonville MSA Limited Partnership ("Jacksonville"), owner of
       antenna structure # 1247216 in MacClenny Florida ("Tower"), apparently
       repeatedly violated Section 17.47(a)(1) of the Commission's Rules
       ("Rules") by failing to observe the Tower's lights or light indicator
       on a daily basis. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Jacksonville is
       apparently liable for a forfeiture in the amount of two thousand 
       dollars ($2,000).

   II. BACKGROUND

    2. On February 25, 2008, in response to a complaint of a dark tower,
       agents from the Commission's Tampa office of the Enforcement Bureau
       ("Tampa Office") observed that the Tower was not lit at approximately
       8:30 P.M. The agents from the Tampa Office contacted the FAA and found
       that a NOTAM had not been called in and requested that one be issued.
       On February 26, 2008, an agent from the Tampa Office informed a
       representative of Jacksonville with AT&T, Inc. ("AT&T") that the
       lighting on the Tower was out.

    3. On April 10, 2008, the Tampa Office sent Jacksonville a Letter of
       Inquiry ("LOI") requesting additional information about the Tower
       lighting. [Redacted.]

   III. DISCUSSION

    4. 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.

    5. Section 17.47(a)(1) of the Rules requires that the owner of any
       antenna structure which is registered with the Commission and has been
       assigned lighting specifications make an observation of the antenna
       structure's lights at least once every 24 hours to insure that all
       such lights are functioning properly as required. This observation may
       be accomplished visually or by observing an automatic properly
       maintained indicator designed to register any failure of the lights.
       Alternatively, pursuant to Section 17.47(a)(2) of the Rules, owners
       may install and properly maintain an automatic alarm system designed
       to detect any failure of such lights. The Tower is over 200 feet in
       height and is required to be painted and lit in accordance with FAA
       Chapters 4, 8, and 12 and in accordance with FAA Circular Number
       70/7460-1K. [Redacted.] Agents from the Tampa Office observed that the
       Tower lights were extinguished on February 25, 2008. Jacksonville's
       [Redacted.] and it did not notify the FAA of the outage. [Redacted.]
       Thus, at a minimum, violations occurred between June 22, 2007 and
       February 26, 2008.

    6. Based on the evidence before us, we find that Jacksonville apparently
       repeatedly violated Section 17.47(a)(1) of the Rules by failing to
       observe visually the Tower's lights or light indicator at least once
       every 24 hours.

    7. 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 failing to conduct required monitoring is
       $2,000. 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 Jacksonville is apparently
       liable for a  $2,000 forfeiture.

   IV. ORDERING CLAUSES

    8. 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, Jacksonville MSA Limited
       Partnership is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of two thousand dollars ($2,000) for
       violation of Section 17.47(a)(1) of the Rules.

    9. 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, Jacksonville MSA Limited
       Partnership 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 credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the 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 Federal Reserve Bank of New York, 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.  20554.14   If you have
       questions, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made,
       Jacksonville MSA Limited Partnership  will send electronic
       notification on the date said payment is made to SCR-Response@fcc.gov.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Tampa Office,
       Suite 1215, 2203 N. Lois Ave., Tampa, FL 33607 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. 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 Jacksonville MSA Limited Partnership 
       at  its  address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph Barlow

   District Director,

   Tampa Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 17.47(a)(1).

   47 U.S.C. S: 503(b).

   After receipt of a reliable complaint on December 27, 2007, an agent from
   the Tampa Office called the Federal Aviation Administration ("FAA"), and,
   upon learning that a Notice to Airmen ("NOTAM") had not been issued,
   requested that a NOTAM be issued on December 27, 2007.

   Local sunset time was 6:24 P.M.

   AT&T submitted a response to the LOI on Jacksonville's behalf. AT&T
   requested confidential treatment of the information submitted in response
   to the LOI.

   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: 17.47(a)(2).

   See 47 C.F.R. S: 17.21 (antenna structures shall be painted and lighted
   when they exceed 200 feet in height above the ground ore they require
   special aeronautical study).

   Section 17.48 of the Rules requires that the owner of any antenna
   structure which is registered with the Commission and has been assigned
   lighting specifications report immediately by telephone or telegraph to
   the nearest Flight Service Station of 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.

   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).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80,
   17.47(a)(1).

   14 See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission