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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
John W. Ashley d/b/a Ashley Communications ) File
No.: EB-02-TP-105
Owner of Antenna Structure Registration ) NAL/Acct. No.
200332700014
Number 1038740 in Dover, Florida) FRN 0006-1642-89
Plant City, Florida )
)
FORFEITURE ORDER
Adopted: May 29, 2003 Released: June
2, 2003
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of ten thousand
dollars ($10,000) to John W. Ashley d/b/a Ashley
Communications (``Ashley''), owner of antenna
structure number 1038740 in Dover, Florida, for
willful violation of Section 17.50 of the Commission's
Rules (``Rules'').1 The noted violation involves
Ashley's failure to comply with prescribed antenna
structure lighting and/or marking requirements.
2. On January 22, 2003, the District Director of the
Commission's Tampa, Florida Field Office (``Tampa Office'')
issued a Notice of Apparent Liability for Forfeiture (``NAL'') in
the amount of $10,000 to Ashley.2 Ashley 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 Communications Act of 1934, as amended (``Act''),3
and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 John W.
Ashley d/b/a Ashley Communications IS LIABLE FOR A MONETARY
FORFEITURE in the amount of $10,000 for willfully violating
Section 17.50 of the Rules.
4. 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.5
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. 200332700014 and FRN 0006-1642-89. 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. 20554.6
5. IT IS FURTHER ORDERED THAT a copy of this Order
shall be sent by first class mail and certified mail return
receipt requested, to John W. Ashley, Ashley Communications, 1301
North Wheeler Street, Plant City, Florida 33466.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 17.50.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332700014 (Enf. Bur., Tampa Office, released January 22,
2003).
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
5 47 U.S.C. § 504(a).
6 See 47 C.F.R. § 1.1914.