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

                                 )
In the Matter of                 )
                                 )       File Number: EB-04-AN-020
Gary M. Schikora and George      )
Horner Trust                     )      NAL/Acct. No. 200532780004
                                 )                  FRN 0011766979
Former Owner of Antenna          )
Structure #1005017               )
Fairbanks, Alaska                )


                        FORFEITURE ORDER

Adopted: December 20, 2005                              Released: 
December 22, 2005 

By the Regional Director, Western Region, Enforcement Bureau:

I.  INTRODUCTION

     1.        In this Forfeiture Order (``Order''), we issue a 
monetary forfeiture in the amount of three thousand dollars to 
Gary M. Schikora (``Schikora'') and the George Horner Trust 
("Horner Trust"), former owners of antenna structure #1005017, in 
Fairbanks, Alaska, for willful and repeated violation of Section 
17.57 of the Commission's Rules ("Rules").1  On December 13, 
2004, the Enforcement Bureau's Anchorage Resident Agent Office 
issued a Notice of Apparent Liability for Forfeiture (``NAL'') in 
the amount of $3,000 to Schikora and the Horner Trust after 
determining that they had failed to immediately notify the 
Commission of a change in the ownership information of the 
Antenna Structure Registration (``ASR'') for antenna structure 
#1005017.  In this Order, we consider Schikora's response to the 
NAL. 

II.  BACKGROUND

     2.   On May 20, 2003, agents from the Anchorage Resident 
Agent Office inspected antenna structure #1005017, located at 
1648 College Road, adjacent to the fairgrounds in Fairbanks, 
Alaska. The ASR indicated Donald G. Creamer, Sr. (``Creamer''), 
was the registered owner of the antenna structure.  The agents 
located ASR #1005017 posted at the site.  Commission records 
indicated that antenna structure #1005017 was required to have 
painting and lighting in accordance with FCC Paragraphs 1, 3, 12, 
and 21. The agents observed that the paint on the antenna 
structure was faded and chipped, reducing the visibility of the 
structure.

     3.   On February 10, 2004, an agent from the Anchorage 
Resident Agent Office issued a Letter of Inquiry (``LOI'') to 
Creamer.  The LOI requested Creamer to respond to questions 
concerning the paint on antenna structure #1005017.  The 
Anchorage Office did not receive the requested response. 

     4.   On April 5, 2004, an agent from the Anchorage Resident 
Agent Office reissued the LOI to Creamer.  On April 20, 2004, the 
Anchorage Resident Agent Office received a Response to the LOI 
issued to Creamer which stated that Gary M. Schikora and the 
George Horner Trust were the current owners of antenna structure 
#1005017.2   According to the Response, the settlement date for 
the transaction occurred on December 15, 2003.

     5.   On July 20, 2004, an Anchorage agent issued a LOI to 
Schikora and the Horner Trust, requesting information concerning 
the ownership and painting status of antenna structure #1005017.  
The July 20, 2004 LOI specifically noted that the owner of an 
antenna structure must immediately notify the Commission using 
FCC Form 854 of any change in ownership information.  On July 26, 
2004, Schikora called the agent to discuss the LOI.  The agent 
explained to Schikora that he needed to submit a written response 
to the LOI.  The agent also advised Schikora of the requirement 
that he immediately change the antenna structure ownership 
information on the ASR.  On August 9, 2004, the Anchorage 
Resident Agent Office received a response to the LOI issued to 
Schikora and the Horner Trust.3  The response stated that 
Schikora and the Horner Trust did own antenna structure #1005017, 
that the antenna structure was currently being repainted, and 
that a Statutory Warranty Deed had been recorded locally in the 
Fairbanks, Alaska Recording District.  The response failed to 
indicate, however, what steps Schikora and the Horner Trust had 
taken to ensure that the FCC ASR for antenna structure #1005017 
reflected Schikora and the Horner Trust as the current owners.  
Until November 16, 2005, the Commission's ASR database continued 
to reflect Donald G. Creamer, Sr. as the antenna structure 
registrant for antenna structure #1005017.

     6.   On December 13, 2004, the Anchorage Office issued a NAL 
in the amount of $3,000 to Schikora and the Horner Trust.4  In 
the NAL, the Anchorage Office found Schikora and the Horner Trust 
apparently willfully and repeatedly failed to immediately notify 
the Commission of a change in the ownership information of the 
ASR's for antenna structure #1005017.   Schikora filed a response 
to the NAL on January 7, 2005 (``Response'').5  Schikora's 
Response consists solely of a print-out of his FCC Registration 
Number registration form along with a note stating ``proof of 
registration.'' 

III.  DISCUSSION

     7.   The proposed forfeiture amount in this case was 
assessed in accordance with Section 503(b) of the Act,6 Section 
1.80 of the Rules,7 and The Commission's Forfeiture Policy 
Statement and Amendment of Section 1.80 of the Rules to 
Incorporate the Forfeiture Guidelines.8  In examining Schikora'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.9

     8.    Section 17.57 of the rules requires the owner of an 
antenna structure to immediately notify the Commission using FCC 
Form 854 upon any change in structure height or change in 
ownership information.10 The Commission requires antenna 
structure owners to maintain current antenna structure 
registration information with the Commission and post ASR numbers 
at the base of antenna structures to allow for easy contact if 
problems arise.11  Schikora's Response indicates that he received 
an FCC registration number.  However, it does not indicate that 
he or the Horner Trust updated the ownership information for 
antenna structure #1005017 and the Commission's records do not 
reflect that Schikora and the Horner Trust ever updated the 
ownership information.  On November 16, 2005, the Commission's 
ASR database was updated to show Tanana Valley State Fair 
Association as the registrant of antenna structure #1005017.

     9.   We have examined Schikora's response to the NAL 
pursuant to the statutory factors above, and in conjunction with 
the Forfeiture Policy Statement.  As a result of our review, we 
conclude that Schikora and the Horner Trust willfully and 
repeated violated Section 17.57.  Considering the entire record 
and the factors listed above, we find that neither reduction nor 
cancellation of the proposed $3,000 forfeiture is warranted

IV.  ORDERING CLAUSES

     10.  ACCORDINGLY, IT IS ORDERED that, pursuant to Section 
503(b) of the Communications Act of 1934, as amended (``Act''), 
and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's 
Rules, Gary M. Schikora and the George Horner Trust ARE LIABLE 
FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully 
and repeatedly violating Section 17.57 of the Rules.12

     11.  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.13  
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.  Requests for full payment under an 
installment plan should be sent to: Associate Managing Director - 
Financial Operations, Room 1A625, 445 12th Street, S.W., 
Washington, D.C. 20554.14

     12.  IT IS FURTHER ORDERED that a copy of this Order shall 
be sent by First Class Mail and Certified Mail Return Receipt 
Requested to Gary M. Schikora and George Horner Trust, P.O. Box 
75458, Fairbanks, Alaska 99707. 

                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              Rebecca L. Dorch
                              Regional Director, Western Region
                              Enforcement Bureau
_________________________

147 C.F.R. § 17.57.

2See Letter of Donald G. Creamer, Jr. to the Anchorage Resident 
Agent Office (April 13, 2004). 

3See Letter of Gary M. Schikora to the Anchorage Resident Agent 
Office (August 4, 2004). 

4Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200532780004 (Enf. Bur., Western Region, Anchorage Office, 
released December 13, 2004).  

5We are treating Schikora's response as a response on behalf of 
Schikora and the Horner Trust.   

647 U.S.C. § 503(b).

747 C.F.R. § 1.80.

812 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

947 U.S.C. § 503(b)(2)(D).

1047 C.F.R. § 17.57.  Section 303(q) of the Act gives the 
Commission authority to regulate certain antenna structures if 
and when such structures constitute, or there is a reasonable 
possibility that they may constitute, a menace to air navigation.  
47 U.S.C. § 303(q).  

11See, e.g., Spectrasite Communications, Inc., 18 FCC Rcd 22799, 
22800 (2003).

1247 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4), 
17.57.

1347 U.S.C. § 504(a).

14See 47 C.F.R. § 1.1914.