Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

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.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                  )                                
                                                                   
                                  )                                
     In the Matter of                                              
                                  )        File No: EB-09-AN-0011  
     Waldec Enterprises, Inc.                                      
                                  )   NAL/Acct. No.: 201032780001  
     Registrant of ASR #1253674                                    
                                  )               FRN: 0015110877  
     Anchorage, Alaska                                             
                                  )                                
                                                                   
                                  )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: December 21, 2009

   By the Resident Agent, Anchorage Resident Agent Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Waldec Enterprises, Inc. ("Waldec") registrant of antenna
       structure number 1253674, in Anchorage, Alaska, apparently willfully
       and repeatedly violated Section 17.23  of the Commission's Rules
       ("Rules") by failing to conform to the FAA's painting and lighting
       recommendations as set forth on the structure's FAA determination of
       "no hazard." We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Waldec
       Enterprises, Inc. is apparently liable for forfeiture in the amount of
       four thousand dollars ($4,000).

   II. BACKGROUND

    2. Antenna structure 1253674 is 48.7 meters in height above ground and,
       due to its proximity to airfields, according to its antenna structure
       registration ("ASR"), is required to have lighting in accordance with
       specific Chapters of the FAA Advisory Circular for Obstruction Marking
       and Lighting. Specifically, the Chapters detail that the antenna
       structure is required to have top mounted lighting and, in particular,
       Chapter 5 requires structures exceeding 150 feet (46m) AGL to have at
       least one red flashing (L-864) beacon installed in a manner to ensure
       an unobstructed view of one or more lights by a pilot.  Further review
       of the Commission's ASR records reveals that the ASR for antenna
       structure number 1253674 reflects a height above ground of 48.7 meters
       and a construction completion date of July 9, 2007.

    3. On May 14, 2009, agents from the Anchorage Resident Agent Office
       inspected antenna structure number 1253674, located near the
       intersection of Boniface Parkway and DeBarr Road in Anchorage, Alaska.
       The agent's located ASR number 1253674 posted at the site. The agents
       observed and documented that the top mounted lighting on the antenna
       structure consisted of one steady burning red light.

    4. Prior to that inspection, on August 10, 2007, Anchorage agents
       inspected antenna structure number 1253674. The agents observed and
       documented that the top mounted lighting on the antenna structure
       consisted of one side-by-side red light.

    5. On August 30, 2007, an agent from the Anchorage Resident Agent Office
       issued a Notice of Violation ("NOV") to Waldec. The NOV specified that
       antenna structure number 1253674 was in violation of Section 17.23 of
       the Commission's Rules, which requires that antenna structures must
       conform to the FAA's painting and lighting recommendations set forth
       on the structures' FAA determination of "no hazard," as referenced in
       the relevant FAA Advisory Circulars. The recommendations for antenna
       structure number 1253674 are found in FAA Study 2006-AAL-72-OE, which
       requires that antenna structure number 1253674 have top mounted
       lighting consisting of a flashing red beacon. 

    6. On September 24, 2007, the Anchorage Resident Agent Office received a
       written response to the NOV issued to Waldec. The Waldec NOV response
       states that it was aware of the FAA Chapter 5 lighting requirement
       which required a L-864 type red flashing beacon,  but that they were
       advised by employees of a communications company who they believed had
       expert experience and knowledge of the FCC and FAA rules, that a L-810
       type side-by-side solid red (non-flashing) light would be sufficient,
       and requested the Anchorage Office grant a waiver or variance to the
       required L-864 red flashing  light requirement and allow the existing
       L-810 type lighting to remain until such time that the overall height
       of the structure is increased.

    7. On September 26, 2007, an Anchorage resident agent discussed the NOV
       response with a Waldec representative. The Anchorage agent advised
       that the Anchorage Office cannot issue waivers or variances, that
       compliance with the lighting specifications in the antenna structure's
       ASR and FAA Study is required,  that if the record is in error then
       the registrant must bring the error to the FAA to correct or rework
       the Obstruction Evaluation (OE), and that Waldec keep the Anchorage
       office informed of progress toward coming into compliance. No further
       communications were received from Waldec.

    8. On April 10, 2008, Anchorage agents from the Anchorage Resident Agent
       Office inspected antenna structure number 1253674.  The agents
       observed and documented that the top mounted lighting on the antenna
       structure consisted of one steady burning red light.

   III. DISCUSSION

    9. 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.

   10. Section 17.23 of the Rules requires that each new or altered antenna
       structure to be registered on or after January 1, 1996, must conform
       to the FAA's painting and lighting recommendations set forth on the
       structures' FAA determination of "no hazard," as referenced in the
       following FAA Advisory Circulars: AC 70/7460-1J "Obstruction Marking
       and Lighting," effective January 1, 1996, and AC 150/5345-43E,
       "Specification for Obstruction Lighting Equipment," dated October 19,
       1995. On August 30, 2007, the Anchorage Office notified Waldec that
       the lighting on antenna structure number 1253674 did not comply with
       the FAA lighting recommendations for the structure. On April 10, 2008,
       and May 14, 2009, Anchorage agents observed that the lighting on
       antenna structure number 1253674 failed to comply with the FAA's
       lighting recommendations for the structure.

   11. Waldec failed to bring the lighting on antenna structure number
       1253674 into compliance with the FAA recommendations, despite
       receiving a NOV concerning the violation from the Anchorage Office.
       Therefore, Waldec's violation of Section 17.23 is willful. The
       violation occurred  on more than one day, therefore, it is repeated.
       Based on the evidence before us, we find that Waldec willfully and
       repeatedly violated Section 17.23 of the Rules by failing to conform
       the lighting on antenna structure number 1253674 with the FAA
       recommendations for the antenna structure.

   12. 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
       specifications is $10,000. 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, and
       the statutory factors to the instant case, we conclude that the
       structure is partially in compliance by having some form of red
       obstruction lighting at its top and, therefore, we find Waldec is
       apparently liable for a $4,000 forfeiture.

   IV. ORDERING CLAUSES

   13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
       1.80 of the Commission's Rules, Waldec Enterprises, Inc. is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       four thousand dollars ($4,000) for violation of Section 17.23 of the
       Rules.

   14. 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, Waldec Enterprises, Inc.
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   15. 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.

   16. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Anchorage Resident
       Agent Office, P.O. Box 221849, Anchorage, Alaska 99522-1849 and must
       include the NAL/Acct. No. referenced in the caption.

   17. 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.

   18. 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 Waldec Enterprises, Inc., at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene Windel

   Resident Agent

   Anchorage Resident Agent Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 17.23.

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

   FAA Circular Number 70/7460-1K, Chapters 4, 5, and 12.

   FAA Circular Number 70/7460-1K, Chapters 4, 5, and 12.

   See Notice of Violation (Corrected Copy), File No. EB-07-AN-039, NOV No:
   V20073278005, released August 30, 2007.

   FAA Circular Number 70/7460-1K, Chapters 4, 5, and 12.

   See Letter from Waldec Enterprises, Inc., to the Anchorage Resident Agent
   Office dated September 19, 2007 ("Response").

   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: 17.23.

   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, 1.80, 17.23.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission