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


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                        )
William L. Needham and Lucille Needham  )    File No. EB-02-
Owners of Antenna Structure No. 1064409 )    NAL/Acct. No. 
Osage Beach, Missouri                   )    FRN: 0007-1278-

                      FORFEITURE ORDER

     Adopted:  March 24, 2003           Released:  March 26, 

By the Chief, Enforcement Bureau:

                      I.   INTRODUCTION
     1.   In this  Forfeiture Order (``Order''), we  issue a 
monetary forfeiture in  the amount of $10,000  to William L. 
Needham and Lucille Needham (``the Needhams'') for willfully 
violating   Section   17.50   of  the   Commission's   Rules 
(``Rules'').1  The Needhams are  the owners of the captioned 
antenna  structure.    The  noted  violation   involves  the 
Needhams' failure to clean  or repaint the captioned antenna 
structure as often as necessary to maintain good visibility.

     2.   On June  27, 2002,  the Commission's  Kansas City, 
Missouri,  Field Office  (``Kansas City  Office'') issued  a 
$10,000   Notice  of   Apparent  Liability   for  Forfeiture 
(``NAL'') to Lake Mobile Phone for the noted violation.2  On 
July  10, 2002,  William L.  Needham (``Needham'')   filed a 
response to the NAL.3

                       II.  BACKGROUND

     3.   On April 23,  2002, an agent from  the Kansas City 
Office inspected an antenna  structure located at 1090 Bluff 
Drive, Osage Beach, Missouri (Antenna Structure Registration 
number  1064409).   The  agent  observed  that  the  antenna 
structure's bands of paint  were not clearly visible because 
of fading paint, the chipping of the structure's white paint 
and black cables running up the legs of the structure.  As a 
result of this investigation,  the Kansas City Office issued 
the above-referenced NAL on June 27, 2002.

     4.   In his  response to the NAL,  Needham asserts that 
he  is   very  serious  about  tower   maintenance  and  has 
maintained  a painting  schedule for  the Osage  Beach tower 
since it  was constructed  in 1975.   He also  asserts that, 
prior to  the inspection, he  had decided to  accelerate the 
painting schedule  because the  placement by other  users of 
black  cables which  partially obscured  the painted  bands.  
Needham further  asserts that:  he had  no difficulty seeing 
the tower or  discerning its painted bands at  a distance of 
one half mile from the tower;  in his opinion, the tower was 
not  in dangerous  or hazardous  condition; and  the agent's 
report was ``subjective.''  However, Needham agrees that the 
tower's painting was ``nearing the end of it normal life and 
would  need replacement  soon.''   Finally, Needham  asserts 
that, after being informed  that the tower was noncompliant, 
he had it repainted between May 17 and 25, 2002.

                      III.  DISCUSSION

     5.   The forfeiture amount in this case was assessed in 
accordance with Section 503(b)  of the Communications Act of 
1934, as  amended, (``Act''),4  Section 1.80 of  the Rules,5 
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'').  In 
examining  Needham's response,  Section  503(b)  of the  Act 
requires that  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

     6.   Section 17.50  of the Rules provides  that antenna 
structures requiring painting shall  be cleaned or repainted 
as often as necessary  to maintain good visibility.  Nothing 
in Needham's  response to  the NAL warrants  overturning the 
agent's determination  that the  tower's painted  bands were 
not clearly  visible because  of the  poor condition  of the 
paint.   We,  therefore,  find that  the  Needhams  violated 
Section 17.50 of the Rules.  Needham asserts that he did not 
believe  the   condition  of  the  tower's   paint  required 
repainting.  He  was, therefore,  aware of the  condition of 
the paint but chose not to repaint the tower.   We find that 
the Needhams' violation of Section 17.50 was willful.7  

     7.   We  have examined  Needham's response  to the  NAL 
pursuant to the statutory  factors above, and in conjunction 
with  the Policy  Statement as  well.   As a  result of  our 
review,  we conclude  that the  Needhams willfully  violated 
Section 17.50 of the Rules, and  we find no basis to rescind 
or  reduce   the  $10,000   forfeiture  proposed   for  this 

                       IV.  ORDERING CLAUSES

     8.   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 William  L. Needham  and Lucille 
of  $10,000 for  willfully  violating Section  17.50 of  the 

     9.   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   Forfeiture 
Collection Section,  Finance Branch,  Federal Communications 
Commission,  P.O. Box  73482, Chicago,  Illinois 60673-7482.  
The  payment  must  include   the  FCC  Registration  Number 
(``FRN'')  referenced  above,  and   should  also  note  the 
NAL/Acct. No.  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

     10.  IT IS  FURTHER ORDERED that  a copy of  this Order 
shall  by sent  by first  class and  certified mail,  return 
receipt  requested,  to  William   L.  Needham  and  Lucille 
Needham, 1090 Bluff Drive, Osage Beach, Missouri 65065.


                         David H. Solomon
                         Chief, Enforcement Bureau


1 47 C.F.R.  17.50.

2 Lake Mobile Phone.,  NAL/Acct. No. 20023256008 (Enf. Bur., 
Kansas City  Office, rel. June 27, 2002).  

3 The  NAL was issued to  Lake Mobile Phone, which  was then 
the  registered owner  of the  captioned antenna  structure.  
Needham, however, filed a response  in which he asserts that 
Lake Mobile Phone became bankrupt  in 1994 and was dissolved 
and  that he  and his  wife,  Lucille Needham,  are now  the 
owners  of  the  captioned tower.   Accordingly,  we  accept 
Needham's   response  to   the  NAL   and  re-caption   this 
4 47 U.S.C.  503(b).

5 47 C.F.R.  1.80.

6 47 U.S.C.  503(b)(2)(D).

7 Section  312(f)(1) of the  Act, 47 USC   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,' ... 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); see also 
Nan Tan Computer Co., 9 FCC Rcd 3092 (1994).

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.