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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
MEGA COMMUNICATIONS OF ST. ) File No. EB-01-TP-020
PETERSBURG LICENSEE, L.L.C. )
)
Antenna Structure Numbers ) NAL/Acct. No.
200132700005
(1040050, 1040051) )
)
St. Petersburg, Florida )
FORFEITURE ORDER
Adopted: August 29, 2001 Released: August 31,
2001
By the Chief, Enforcement Bureau:
I. Introduction
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of ten thousand dollars
($10,000) against Mega Communications of St. Petersburg Licensee,
L.L.C. (``Mega''), for willful violation of Section 17.51(a) of
the Commission's Rules (``the Rules'').1 The noted violation
involves Mega's failure to exhibit, at two antenna structures,
all red obstruction lights from sunset to sunrise.
2. On April 25, 2001, the Enforcement Bureau released a
Notice of Apparent Liability for Forfeiture (``NAL'') against
Mega in the amount of ten thousand dollars ($10,000).2 Mega
filed its response on May 24, 2001.
II. Background
3. Mega is the licensee of AM radio station WMGG and owns
that station's antenna structures, located in Largo, Florida. On
January 8, 2001, the Federal Aviation Administration (``FAA'')
reported lighting outages at two of those antenna structures to
the Commission's Tampa, Florida, Field Office (``Tampa Office'').
On January 9, 2001, agents from the Tampa Office inspected both
antenna structures and determined that the antenna structures'
red obstruction lights could not be turned on. The employee
responsible for monitoring WMGG's antenna structures told the
agents that he had been aware of one of the lighting outages and
had reported it to the FAA but had not been aware of the other
outage.
III. Discussion
4. The Enforcement Bureau assessed the proposed forfeiture
amount in this case in accordance with Section 503 of the
Communications Act of 1934, as amended (``Act''),3 Section 1.80
of the Rules,4 and The Commission's Forfeiture Policy Statement
and Amendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15
FCC Rcd 303 (1999) (``Policy Statement''). Section 503(b) of the
Act5 requires that, in examining Mega's response, the Commission
take into account the nature, circumstances, extent and gravity
of the violation and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay, and
other such matters as justice may require.6
5. Section 17.51(a) of the Rules requires that all red
obstruction lights on antenna towers be exhibited from sunset to
sunrise. It is undisputed that Mega did not comply with this
rule. Mega, however, contends that to the extent that any
forfeiture is warranted, Mega is entitled to a substantial
reduction.
6. First, Mega argues that it has a history of overall
compliance with the Commission's Rules. Mega bases this claim on
the assertion that the Commission has never assessed a monetary
forfeiture against Mega, its parent company Mega Communications,
L.L.C, or its ``sister'' companies (other subsidiaries of Mega
Communications, L.L.C.). A search of our records indicates that
the Enforcement Bureau issued eight Notices of Violation to Mega
Communications, L.L.C., and its subsidiaries between April 1,
1999, and April 25, 2001.7 These violations by Mega's parent and
sister companies are part of Mega's violation record. See, e.g.,
KGNT, Inc., 16 FCC Rcd 4656 (Enf. Bur., 2001), and Capstar TX
Limited Partnership, 16 FCC Rcd 901 (Enf. Bur., 2001). Mega's
extensive record of violations precludes a determination that
Mega has a history of overall compliance with the Commission's
Rules. See, e.g., Crown Communications, Inc., 15 FCC Rcd 21937
(Enf. Bur., 2000).
7. Mega also argues that its establishment of new
procedures for monitoring its tower lights mitigates the monetary
forfeiture. Corrective action taken by a licensee after
notification of a violation, such as Mega's new procedures for
monitoring its tower lights, does not negate or mitigate the
violation. See generally KGVL, Inc., 42 FCC 2d 258, 259 (1973).
8. We have examined Mega's response to the NAL pursuant to
the statutory factors set forth above, and in conjunction with
the Policy Statement as well. As a result of our review, we
conclude that Mega has not provided a sufficient justification
for remitting or mitigating the proposed monetary forfeiture.
IV. Ordering Clauses
9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of
the Rules,8 Mega IS LIABLE FOR A MONETARY FORFEITURE in the
amount of $10,000 for willful violation of the provisions of
17.51(a) of the Rules.
10. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules within 30 days of the
release of this Order. If the forfeiture is not paid within the
period specified, the case may be referred to the Department of
Justice for collection pursuant to Section 504(a) of the Act.9
Payment may be made by mailing a check or similar instrument,
payable to the order of the ``Federal Communications
Commission,'' to the Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note the
NAL/Acct. number referenced above. Requests for full payment
under an installment plan should be sent to: Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W., Washington,
D.C. 20554.10
11. IT IS FURTHER ORDERED THAT this notice shall be sent,
by certified mail, return receipt requested, to Christopher G.
Wood, Esq., Fleischman and Walsh, L.L.P., at 1400 16th Street,
N.W., Washington, D.C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 17.51(a).
2 Notice of Apparent Liability for Forfeiture, NAL Acct. No.
200132700005 (Enf. Bur., Tampa Office, released April 25, 2001).
3 47 U.S.C. § 503.
4 47 C.F.R. § 1.80.
55 47 U.S.C. § 503(b).
66 47 U.S.C. § 503(b)(2)(D).
7 The referenced Notices of Violation were issued for the
following Enforcement Bureau file numbers: EB-01-TP-020 (for
violation of Section 17.51(a) of the Rules); EB-00-CF-572 (for
violation of Section 17.57 of the Rules); EB-01-PA-031 (for
violation of Section 73.1201(a) of the Rules); EB-99-CF-165 (for
violation of Sections 11.35(a), 11.61(a), 17.50, 73.1870(a),
73.54(d) and 73.1350(c)(1) of the Rules); EB-99-CF-166 (for
violation of Sections 11.61(a), 17.47(a)(1), 17.4(g),
73.1350(c)(1) and 73.1870(a) of the Rules); EB-99-CF-167 (for
violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1225(b),
73.1350(c)(1), 73.1870(a) and 73.62(a) of the Rules); EB-99-CF-
171 (for violation of Section 11.61(a) of the Rules); and EB-99-
CF-172 (for violation of Section 11.61(a) of the Rules).
8 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
9 47 U.S.C. § 504(a).
10 See 47 C.F.R. § 1.1914.