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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)
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Federal Communications Commission
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Federal Communications Commission