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-
02-LA-117
) NAL/Acct. No.
200232900004
El Dorado 900, LLC )
FRN 0006-7923-03
)
Antenna Structure Registration Number 1041257 )
City of Industry, California )
)
FORFEITURE ORDER
Adopted: December 10, 2002 Released:
December 12, 2002
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of fifteen thousand
dollars ($15,000) to El Dorado 900, LLC (``El
Dorado''), owner of Antenna Structure Registration #
1041257, in City of Industry, California, for willful
violation of Section 303(q) of the Communications Act
of 1934, as amended (``Act''),1 and Sections 17.23,
17.47(a), 17.48(a), 17.56, and 17.57 of the
Commission's Rules (``Rules'').2 The noted violations
involve: (1) failure to maintain required lighting on
the antenna structure; (2) failure to make an
observation of the antenna structure's lights at least
once each 24 hours either visually or by observing an
automatic properly maintained indicator designed to
register any failure of such lights; (3) failure to
notify the FAA of any observed or otherwise known
extinguishment or improper functioning of any top
steady burning light or any flashing obstruction
light, regardless of its position on the antenna
structure, not corrected within 30 minutes; (4)
failure to replace or repair lights as soon as
practicable; and (5) failure to properly notify the
FCC of a change in ownership of the antenna structure.
2. On June 28, 2002, the District Director of the
Commission's Los Angeles, California Field Office (``Los Angeles
Office'') issued a Notice of Apparent Liability for Forfeiture
(``NAL'')3 in the amount of $15,000. El Dorado has not filed a
response to the NAL. Based on the information before us, we
affirm the forfeiture.
3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,4 and Sections 0.111, 0.311 and 1.80(f)(4) of
the Rules,5 El Dorado IS LIABLE FOR A MONETARY FORFEITURE in the
amount of $15,000 for willfully violating Section 303(q) of the
Act and Sections 17.23, 17.47(a), 17.48(a), 17.56, and 17.57 of
the Rules.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules6 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.7
Payment shall 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
NAL/Acct. No. 200232900004, and FRN 0006-7923-03. 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. 20554.8
5. IT IS FURTHER ORDERED THAT this Order shall be
sent by regular mail and by certified mail, return receipt
requested, to El Dorado 900, LLC, 1980 Post Oak Boulevard, Suite
1500, Houston, TX 77056 and to its counsel, Lawrence Roberts,
Esq., Skadden, Arps, Slate, Meagher & Flom, LLP, 1440 New York
Avenue, N.W., Washington, DC 20005-2111.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 303(q).
2 47 C.F.R. §§ 17.23, 17.47(a), 17.48(a), 17.56, and 17.57.
3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232900004 (Enf. Bur., Los Angeles Office, released June
28, 2002).
4 47 U.S.C. § 503(b).
5 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
6 47 C.F.R. § 1.80.
7 47 U.S.C. § 504(a).
8 See 47 C.F.R. § 1.1914.