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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Robert B. Taylor ) File No. EB-02-CG-609
Antenna Structure # 1030929 ) NAL/Acct. No. 200332320003
Fort Wayne, Indiana ) FRN: 0000 0116 43
MEMORANDUM OPINION AND ORDER
Adopted: September 16, 2004 Released:
September 20, 2004
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''), we
cancel a monetary forfeiture of ten thousand dollars
($10,000) issued to Robert B. Taylor for apparent
willful and repeated violation of Section 17.50 of
the Commission's Rules (``Rules'').1 The noted
violation involved the failure to repaint an antenna
structure as often as necessary to maintain good
visibility.
2. On January 23, 2003, the District Director of the
Commission's Chicago, Illinois Field Office issued to
Robert B. Taylor, a Notice of Apparent Liability for
Forfeiture in the amount of ten thousand dollars
($10,000) for the noted apparent Rule violation.2 In
a response dated January 31, 2003, Mr. Taylor stated
that he painted the tower before receiving notice of
the violation and submitted satisfactory
documentation to that effect. On May 31, 2003, Mr.
Taylor filed with the Commission an application for a
change in ownership of the subject antenna structure,
which was granted that same day.3 Mr. Taylor is no
longer a Commission licensee.
3. After reviewing the particular circumstances in this
case, and in accordance with the discretion
authorized by Section 504(b) of the Act4 and
implemented by Section 1.80(i) of the Rules,5 we
conclude that cancellation of the forfeiture amount
of $10,000 is warranted.6
4. Accordingly, IT IS ORDERED that, pursuant to Section
504(b) of the Act and Section 1.80(i) of the Rules, the $10,000
forfeiture issued to Robert B. Taylor IS CANCELLED.
5. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent by regular mail and Certified Mail Return Receipt
Requested to this Order shall be sent by first class mail and
certified mail, return receipt requested, to Robert B. Taylor,
2541 Goshen Road, Fort Wayne, Indiana 46808.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 17.50.
2 Robert B. Taylor, Notice of Apparent Liability for Forfeiture,
NAL/Acct. No. 200332320003 (Enf. Bur. 2003).
3 On May 31, 2003, Mr. Taylor assigned to Travis Broadcasting,
LLC, Antenna Structure Nos. 1030929 and 1030930. The assignments
were granted on May 31, 2003. In addition, on December 26, 2002,
Mr. Taylor filed an application to assign WXKE and WYLT to Travis
Broadcasting. See Application for Assignment of License from
Robert B. Taylor to Travis Broadcasting, LLC (File Nos. BALH-
20021030ABG and BAL-20021030ABF). Granted December 20, 2002.
Consummated May 30, 2003.
4 47 U.S.C. § 504(b).
5 47 C.F.R. § 1.80(i).
6 See Grass Roots Broadcasting, 19 FCC Rcd. 4018 (Enf. Bur.
2004); see also Madison Broadcasting Group, Inc., 18 FCC Rcd
4860, 4861 (Enf. Bur. 2003).