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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
                                                                             
     In the Matter of                        )                               
                                                                             
     Southern Classic Millworks, LLC         )   File Number: EB-08-OR-0147  
                                                                             
     Owner of Antenna Structure Located at   )   NAL/Acct. No. 200932620001  
                                                                             
     Coordinates N30DEG 30' 20" x W091DEG    )   FRN 0015398431              
     01' 25.7"                                                               
                                             )                               
                                                                             
                                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: November 20, 2008

   By the District Director, New Orleans Office, South Central Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Southern Classic Millworks, LLC ("Millworks"), owner of the
       antenna structure located at coordinates N30DEG 30' 20" x W091DEG 01'
       25.7" in Greenwell Springs, Louisiana ("Tower"), apparently willfully
       and repeatedly violated Section 17.4(a) of the Commission's Rules
       ("Rules") by failing to register its antenna structure with the
       Commission. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Millworks is
       apparently liable for a forfeiture in the amount of three  thousand
       dollars ($3,000).

   II. BACKGROUND

    2. On July 5, 2006, in response to a complaint regarding a tower light
       outage at 14461 Frenchtown Road, Greenwell Springs, Louisiana, agents
       from the Commission's New Orleans Office of the Enforcement Bureau
       ("New Orleans Office") contacted Millworks and learned from the
       employee responsible for the company's antenna structures that it had
       recently purchased the Tower. The employee was unaware of the Antenna
       Structure Registration ("ASR") requirement and was instructed to have
       the Tower registered in the ASR database and have the registration
       number posted at the structure's base. On July 12, 2006, an agent from
       the New Orleans Office instructed one of Millworks' owners to register
       the Tower and have the registration number posted at the structure's
       base. On August 1, 2006, Millworks provided evidence that a radio
       licensee was a tenant on the Tower. On August 8, 2006, Millworks
       informed the New Orleans Office that the previous owner failed to
       register the Tower.

    3. On June 3, 2008, in response to a complaint alleging violations
       concerning the Tower, agents from the New Orleans Office conducted an
       inspection of the Tower. The Tower is 500 feet in height above ground
       level and was hosting a radio licensee. The Tower did not have an ASR
       number posted at or around its base. The agents consulted the ASR
       database and found that the Tower was still not registered.

    4. On June 5, 2008, agents from the New Orleans Office interviewed one of
       Millworks' owners about the structure, who stated that he believed the
       structure had been registered in 2006 along with another structure
       owned by Millworks. The employee responsible for the company's antenna
       structures was unable to provide documentation showing that the Tower
       had been registered. Agents reminded Millworks' owner and the employee
       responsible for the company's antenna structures of the requirement to
       register the Tower.

    5. On October 8, 2008, an agent from the New Orleans Office spoke with
       the Millworks' employee responsible for the company's antenna
       structures. She stated the Tower was still unregistered. She also
       stated that one of Millworks' owners was in the process of finding a
       company to manage the antenna structure. As of November 6, 2008, the
       Tower was still not registered in the ASR database.

   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) 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 17.4(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 ("FAA") must
       register the structure with the Commission. Section 17.7(a) of the
       Rules requires notification to the FAA for any construction or
       alteration of more than 200 feet in height above ground level.
       Millworks' Tower required notification to the FAA because the
       structure exceeded 200 feet in height. Therefore, it was required to
       be registered with the Commission. Millworks acquired the Tower
       sometime before July 2006. Millworks was informed of the registration
       requirement on July 5 and 12, 2006 and June 5, 2008. However, as of
       November 6, 2008, the Tower was still not registered in the ASR
       database.

    8. Based on the evidence before us, we find that Millworks apparently
       willfully and repeatedly violated Sections 17.4(a) of the Rules by
       failing to register its Tower located in Greenwell Springs, Louisiana.

    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 failing to file required forms 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 Millworks is apparently liable for a
       $3,000 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, Southern Classic Millworks,
       LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
       the amount of three thousand dollars ($3,000) for violations of
       Section 17.4(a) 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, Southern Classic
       Millworks, LLC 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 credit card through the
       Commission's Revenue and Receivables Operations Group at (202)
       418-1995, or by 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[s] by wire transfer may
       be made to ABA Number 021030004, receiving bank Federal Reserve Bank
       of New York, and account number 27000001. 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.  20554.8   If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, New Orleans
       Office, 2424 Edenborn Ave., Suite 460, Metairie, Louisiana, 70001 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. 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 Southern Classic Millworks, LLC, 18231
       Greenwell Springs, Louisiana 70739.

   FEDERAL COMMUNICATIONS COMMISSION

   Leroy Hall

   District Director,

   New Orleans Office

   South Central  Region

   Enforcement Bureau

   47 C.F.R. S: 17.4(a).

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

   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: 17.4(a).

   47 C.F.R. S: 17.7(a).

   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, 17.4(a).

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission