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                           Before the 
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                   )
                              )
Florida Food Products, Inc.             )    File  No.  EB-04-TP-
037
                              )    NAL/Acct. No. 200432700015
Owner of an Unregistered Antenna Structure   )    FRN 0001801687
Eustis, Florida                         )

                        FORFEITURE ORDER

Adopted:  December 22, 2004                            Released:  
December 28, 2004

By the Assistant Chief, Enforcement Bureau:

I.   INTRODUCTION

     1.   In this Forfeiture Order (``Order''), we issue a 
monetary forfeiture in the amount of three dollars ($3,000) to 
Florida Food Products, Inc (``FFP''), owner of an unregistered 
antenna structure in Eustis, Florida, for willful and repeated 
violation of the registration requirements of Section 17.4(a) of 
the Commission's Rules (``Rules'').1 

II.  BACKGROUND

     2.   On January 26, 2004, the Commission's Tampa, Florida 
Field Office (``Tampa Office'') inspected FFP's antenna 
structure, searched the Commission's databases, and determined 
that the structure was not registered.2  The Tampa Office 
notified FFP that its structure was not registered, and after FFP 
still failed to register the antenna structure, it issued FFP a 
Notice of Apparent Liability for Forfeiture (``NAL'') on March 
15, 2004.3  The NAL found that FFP willfully and repeatedly 
violated the registration requirements of Section 17.4(a) of the 
Rules and proposed a $3,000 forfeiture.

     3.   In its response, FFP did not dispute the NAL's 
findings.  FFP nevertheless sought cancellation of the proposed 
forfeiture based upon its good faith efforts to comply with the 
subject registration requirements, after the Tampa Office 
notified FFP of the lack of registration.  

III.      DISCUSSION

     4.   The forfeiture amount proposed 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.6  In assessing forfeitures, Section 503(b)(2)(D) of 
the Act requires that we 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 such other matters as 
justice may require.7  As discussed below, we have considered 
FFP's response in light of these statutory factors and have 
determined that no reduction of the proposed forfeiture is 
warranted.  

     5.   Section 17.4(a) of the Rules provides that, effective 
July 1, 1996, the owner of any proposed or existing antenna 
structure that requires notification to the Federal Aviation 
Administration (``FAA'') must register the structure with the 
Commission.  Section 17.4(a)(2) of the Rules provides that the 
owner of an antenna structure that had been assigned painting or 
lighting requirements prior to July 1, 1996 must register the 
structure prior to July 1, 1998.  FFP admits that its tower was 
not registered at the time of the inspection on January 26, 2004, 
but FFP argues that its violation of Section 17.4(a) of the 
Commission's Rules was not willful because it made good faith 
efforts to register the tower shortly after the Commission 
inspection.  We disagree.  The term ``willful,'' as used in 
Section 503(b) of the Act, does not require a finding that the 
rule violation was intentional or that the violator was aware 
that it was committing a rule violation.8  Rather, the term 
``willful'' simply requires that the violator knew it was taking 
the action in question, irrespective of any intent to violate the 
Commission's Rules.9  Further, because FFP has not yet registered 
the tower, its failure to do so is a continuing violation, and 
thus is ``repeated.''10  Accordingly, we find that FFP willfully 
and repeatedly violated Section 17.4(a) of the Rules

     6.   Additionally, FFP's attempts to comply with the 
requirements of Section 17.4(a) by contacting the Commission and 
the Federal Aviation Administration do not mitigate its failure 
to timely register its antenna structure.  Section 17. 4(a) of 
the Commission Rules, as described above, required FFP to 
register its antenna structure in 1996, and FFP did not begin its 
registration process until after the Tampa Office notified it on 
January 26, 2004, more than eight years later, that the tower was 
not registered.  According to Commission records, the tower still 
is not registered.  The Commission expects that violations, which 
are observed during inspection and/or are the subject of an 
enforcement action, will be corrected,11 and does not believe 
that corrective measures mitigate or warrant forfeiture 
cancellations or reductions for past violations.12  Based on the 
record, we thus do not find that cancellation or reduction of the 
proposed forfeiture of $3,000 is warranted, due to FFP's 
beginning the registration process.  

     7.   Because FFP has yet to register its tower,13 we will 
require, pursuant to Section 308(b) of the Act,14 that FFP report 
to the Enforcement Bureau within thirty (30) days of the release 
of this Order whether it has achieved compliance with Section 
17.4(a) of the Rules.  FFP's report must be submitted in the form 
of an affidavit signed by an officer or director of the licensee.  
If FFP fails to submit such a report or we find that FFP has not 
come into compliance with Section 17.51(b), we will consider 
further appropriate enforcement action.

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,15 Florida Food Products, Inc. IS LIABLE FOR A MONETARY 
FORFEITURE in the amount of three thousand dollars ($3,000) for 
its willful and repeated violation of Section 17.4(a) of the 
Rules.  

     9.   IT IS ALSO ORDERED that, pursuant Section 308(b) of the 
Act, FFP must submit the report described in Paragraph 10, above, 
within 30  days from  the  release of  this Order,  to:   Federal 
Communications   Commission,    Enforcement   Bureau,    Spectrum 
Enforcement Division,  445  12th  Street,  S.W.,  Room  7-A  555, 
Washington, D.C.  20554, Attention:  Katherine Power, Esquire.

     10.  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.16  
Payment of the forfeiture must be made by check or similar 
instrument, payable to the order of the Federal Communications 
Commission.  The payment must include the NAL/Acct. No. and FRN 
No. referenced above.  Payment by check or money order may be 
mailed to Forfeiture Collection Section, Finance Branch, Federal 
Communications Commission, P.O. Box 73482, Chicago, Illinois 
60673-7482. Payment by overnight mail may be sent to Bank One/LB 
73482, 525 West Monroe, 8th Floor Mailroom, Chicago, IL 60661. 
Payment by wire transfer may be made to ABA Number 071000013, 
receiving bank Bank One, and account number 1165259.  Requests 
for full payment under an installment plan should be sent to: 
Chief, Revenue and Receivables Group, 445 12th Street, S.W., 
Washington, D.C. 20554.17

     11.  IS FURTHER ORDERED that a copy of this Order shall be 
sent by First Class and Certified Mail Return Receipt Requested 
to Florida Food Products, Inc., P.O. Box 1300, Eustis, Florida  
32727-1300.

                              FEDERAL COMMUNICATIONS COMMISSION
                         
                              
                              George R. Dillon
                              Assistant Chief, Enforcement Bureau
      

_________________________

1 47 C.F.R. § 17.4(a).
2 Because FFP's antenna structure exceeds 200 feet and is subject 
to Federal Aviation Administration notification, the Rules 
require that the structure be registered with the Commission.  
See 47 C.F.R. § 17.4(a); see also 47 C.F.R. § 17.7(a).
3 Florida Food Products, Inc., NAL/Acct. No. 200432700015 (Enf. 
Bur., Tampa Office, released March 15, 2004).
     
4 47 U.S.C. § 503(b).
547 C.F.R. § 1.80.
6 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).  
7 47 U.S.C. § 503(b)(2)(D).
8  Section 312(f)(1)  of the  Act, 47 U.S.C.  § 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) (``Southern California'').  
9  See Southern California, supra at 4387.  
10  As provided by 47 U.S.C. § 312(f)(2), a violation which 
occurs more than once is ``repeated.''  The Conference Report for 
Section 312(f)(2) indicates that Congress intended to apply this 
definition to Section 503 of the Act as well as Section 312.  See 
H.R. Rep. 97th Cong. 2d Sess. 51 (1982).  See Southern California 
Broadcasting Co., supra.
11 See AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 21875 ¶ 26 
(finding that all Commission licensees and regulatees are 
``expected to promptly take corrective action when violations are 
brought to their attention,'' and that such corrective action 
does not warrant reduction or cancellation of a forfeiture for 
past violations); see also Seawest Yacht Brokers, 9 FCC Rcd at 
6099, 6099 ¶ 7 (1994); TCI Cablevision of Maryland, Inc., 7 FCC 
Rcd 6013, 6014 ¶ 8 (1992); Sonderling Broadcasting Corp., 69 FCC 
2d 289, 291 (1978);  South Central Communications Corp., 18 FCC 
Rcd 700, 702-03 ¶ 9 (Enf. Bur. 2003). 
12 Id.
13 As  of  the adoption  date  of this  Order,  a search  of  the 
Commission's  ASR  Data  Base  reveals  that  the  tower  remains 
unregistered. 
14 47 U.S.C. § 308(b)
1547 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
1647 U.S.C. § 504(a).
17See 47 C.F.R. § 1.1914.