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 Number: EB-04-DT-295
)
Source USA, Inc. ) NAL/Acct. No: 200532360001
)
Greenville, OH ) FRN 0012 3089 95
)
)
FORFEITURE ORDER
Adopted: June 8, 2005
Released: June 10, 2005
By the Regional Director, Northeast Region, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of seventeen
thousand dollars ($17,000) to Source USA, Inc.
(``Source''), for willfully and repeatedly violating
Sections 17.4(a) and 17.51(a) of the Commission's
rules (``the Rules'') and willfully and repeatedly
failing to respond to Commission correspondence.1
These noted violations involve Source's failure to
register its antenna structure, failure to exhibit the
required red obstruction lighting, and failure to
respond to a Commission inquiry.
2. On January 14, 2005, the District Director of the
Commission's Detroit Field Office (``Detroit Office'') issued a
Notice of Apparent Liability for Forfeiture (``NAL'') in the
amount of $17,000 to Source.2 Source has not filed a response to
the NAL. Based on the information before us, we affirm the
forfeiture.
3. According to the FCC's records and information obtained
by an FCC agent, the antenna structure still has not been
registered and the structure still does not have all necessary
lighting. Accordingly, we direct Source to file within ten (10)
days of the release of this Order a detailed plan for bringing
the tower into full compliance with the Commission's rules
regarding the registration and lighting of antenna structures.
The plan must ensure that the antenna structure comes into full
compliance with the Commission's rules within thirty (30) days of
the release of this Order and the plan must be signed by an
officer or director of Source. Source also must submit an
affidavit, signed by an officer or director of Source, notifying
the Commission when the structure has been brought into full
compliance with the rules.
4. 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 Commission's
Rules,4 Source USA, Inc. IS LIABLE FOR A MONETARY FORFEITURE in
the amount of $17,000 for willfully and repeatedly violating
Sections 17.4(a) and 17.51(a) of the Rules and willfully and
repeatedly failing to respond to Commission correspondence.
5. IT IS FURTHER ORDERED that Source shall file the plan
described in paragraph 3 above within ten (10) days of the
release of this Order and shall submit an affidavit as described
in paragraph 3 above when the antenna structure has been brought
into compliance with the Commission's rules. All such
correspondence shall be sent to the Commission's Detroit Office:
24897 Hathaway Street, Farmington Hills, MI 48335-1552.
6. 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 Federal Communications Commission,
P.O. Box�358340,�Pittsburgh, PA 15251-8340.� Payment by overnight
mail may be sent to�Mellon Bank�/LB�358340,�500 Ross Street, Room
1540670, Pittsburgh, PA 15251.�� Payment by wire transfer may be
made to ABA Number�043000261, receiving bank�Mellon Bank, and
account number�911-6106. The payment should note NAL/Acct. No.
200532360001, and FRN 0012308995. 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.
20554.5
7. IT IS FURTHER ORDERED that a copy of this Order
shall be sent by First Class Mail and Certified Mail Return
Receipt Requested to Source USA, Inc. at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Russell Monie, Jr.
Regional Director, Northeast Region
Enforcement Bureau
_________________________
147 C.F.R. �� 17.4(a) and 17.51(a).
2Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200532360001 (Enf. Bur., Detroit Office, released January 14,
2005).
347 U.S.C. � 503(b).
447 C.F.R. �� 0.111, 0.311, 1.80(f)(4).
5See 47 C.F.R. � 1.1914.