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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Seggi Broadcasting of Florida, Inc. ) File No. EB-02-TP-252
) NAL/Acct. No. 200232700013
Owner of Antenna Structures #1028463 ) FRN 0007-1134-83
and #1028464 )
)
Lake Wales, Florida )
MEMORANDUM OPINION AND ORDER
Adopted: December 9, 2002 Released: December 11,
2002
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''), we
cancel a Notice of Apparent Liability for Forfeiture (``NAL'')
in the amount of twenty four thousand dollars ($24,000) issued
to Seggi Broadcasting of Florida, Inc. (``Seggi''), the former
owner of antenna structures with Antenna Structure
Registration (``ASR'') numbers 1028463 and 1028464 in Lake
Wales, Florida, for apparent willful and repeated violations
of Sections 17.4(g), 17.23, 17.50 and 17.51 of the
Commission's Rules.1 The noted violations involved Seggi's
apparent failure to post ASR numbers on or near the base of
its antenna structures, failure to install the prescribed
obstruction lighting on one of its antenna structures, failure
to clean or repaint its antenna structures as often as
necessary to maintain good visibility, and failure to exhibit
all red obstruction lighting on its antenna structures from
sunset to sunrise.
2. On June 20, 2002, the Commission's Tampa, Florida Field
Office (``Tampa Office'') issued an NAL to Seggi for a
forfeiture in the amount of twenty four thousand dollars
($24,000).2 The Tampa Office issued the NAL based on
violations observed during inspections on April 30, 2002 and
May 2, 2002 of the two antenna structures, which are used as a
directional antenna system for Station WIPC(AM), Lake Wales,
Florida. Seggi filed a response to the NAL on July 26, 2002.
In its response, Seggi states that on March 12, 2002, the
Commission staff granted its application to assign the license
for WIPC to Siber Media Group (``Siber'').3 Seggi states that
since the Tampa Office's inspection of the towers took place
after Seggi conveyed WIPC and the towers to Siber, the
violations referenced in the NAL are the responsibility of
Siber. On November 12, 2002, the Commission staff received a
letter from Seggi providing notification that the assignment
of the license for WIPC to Siber was consummated on April 30,
2002. Therefore, it appears that Seggi was no longer the
owner of WIPC or the two antenna structures at the time the
violations referenced in the NAL occurred.
3. Accordingly, IT IS ORDERED that, pursuant to Section
504(b) of the Communications Act of 1934, as amended,4 and
Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 the June
20, 2002 Notice of Apparent Liability issued to Seggi
Broadcasting of Florida, Inc. IS CANCELLED.
4. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by first class mail and certified mail return receipt
requested to Seggi Broadcasting of Florida, Inc., 2000
Universal Studios, Suite 604, Orlando, Florida 32819.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 17.4(g), 17.23, 17.50 and 17.51.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232700013 (Enf. Bur., Tampa Office, released June 20, 2002).
3 File No. BAL-20020130ABL.
4 47 U.S.C. § 504(b).
5 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).