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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                  )                               
                                                                  
     In the Matter of             )                               
                                                                  
     Trap Rock Industries, Inc.   )   File Number EB-05-NY-072    
                                                                  
     Owner of Antenna Structure   )   NAL/Acct. No. 200632380001  
                                                                  
     ASR # 1209546                )   FRN 0003 3092 83            
                                                                  
     Kingston, New Jersey         )                               
                                                                  
                                  )                               


                                FORFEITURE ORDER

   Adopted: September 28, 2006 Released: September 29, 2006

   By the Regional Director, Northeast Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of eight thousand dollars ($8,000) to Trap Rock Industries,
       Inc. ("Trap Rock"), owner of antenna structure 1209546, located in
       Franklin Township, New Jersey, for willfully and repeatedly violating
       Section 17.50  of the Commission's Rules ("Rules") by failing to clean
       and repaint its antenna structure as often as necessary to maintain
       good visibility.

   II. BACKGROUND

    2. On March 16, 2005, an agent in the Commission's New York Office
       conducted an inspection of antenna structure 1209546 with a Trap Rock
       employee. The agent observed that the white paint on the tower was
       badly faded, revealing significant amounts of an underlying layer of
       orange paint. The faded white paint on the uppermost white band
       revealed so much orange paint that the white band was
       indistinguishable from the adjacent orange bands. The Antenna
       Structure Registration (ASR) for this tower requires that the tower be
       painted and lighted in accordance with FAA Chapters 3, 4, 5 and 13 in
       FAA Circular Number 70/7460-1J. Chapter 3 provides that antenna
       structures shall display alternate bands of aviation orange and white
       paint, that the bands be equal in width, and approximately one-seventh
       the height of the structure for towers 700 feet or less.

    3. During the March 16, 2005 inspection, the Trap Rock employee stated to
       the agent that the tower is visually inspected by Trap Rock's chief
       maintenance technician. The agent informed the Trap Rock employee of
       the painting and posting violations and advised him that the tower
       must be repainted as soon as possible to conform to the required
       specifications and that the ASR number must be posted.

    4. On May 3, 2005, the agent conducted a follow-up inspection of Trap
       Rock's antenna structure 1209546 with Trap Rock's chief maintenance
       technician and observed that the condition of the tower paint was the
       same as it was during the March 16, 2005 inspection. In addition, the
       ASR number still was not posted. The chief maintenance technician
       stated that he visually observes the tower twice a week, and was aware
       of the appearance of the paint on the tower. The agent informed the
       technician of the painting and posting violations, and advised him
       that they must be corrected as soon as possible.

    5. On May 4, 2005, the agent contacted Trap Rock's administrative offices
       by telephone, and spoke to Trap Rock's corporate secretary. The agent
       informed the corporate secretary of the painting and posting
       violations on the tower, and directed him to correct the problems as
       soon as possible. The corporate secretary stated that Trap Rock had
       arranged for the tower to be painted and for the signs to be made and
       posted.

    6. On November 21, 2005, the New York Office issued a Notice of Apparent
       Liability for Forfeiture to Trap Rock for apparent willful and
       repeated violation of Section 17.50  of the Rules for failure to clean
       and repaint its antenna structure as often as necessary to maintain
       good visibility. Trap Rock submitted a response to the NAL on December
       21, 2005. Trap Rock does not dispute the finding in the NAL that its
       antenna structure needed to be repainted, but claims that a
       cancellation or reduction is warranted in light of (1) the nature,
       circumstances, extent, and gravity of the violation; (2) Trap Rock's
       immediate remedial measures after the agent's inspection on March 16,
       2005; and (3) Trap Rock's history of compliance. Trap Rock also
       reports in its response to the NAL that the painting of the antenna
       structure was completed on September 16, 2005.

   III. Discussion

    7. The forfeiture amount proposed in this case was assessed in accordance
       with Section 503(b) of the Communications Act of 1934, as amended
       ("Act"), Section 1.80 of the Rules, and the Commission's Forfeiture
       Policy Statement and Amendment of Section 1.80 of the Rules to
       Incorporate the Forfeiture Guidelines. 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.

    8. Trap Rock claims that a reduction or cancellation of the forfeiture is
       warranted based on the nature, circumstance, extent, and gravity of
       the violation. More specifically, Trap Rock claims that the
       requirement in Section 17.50 of the Rules that antenna structures must
       be painted "as often as necessary to maintain good visibility" is
       "inherently subjective" and thus a finding that Trap Rock violated
       Section 17.50 of the Rules is not appropriate. We disagree. The
       Commission has a statutory responsibility under Section 303(q) of the
       Act to ensure that antenna structures do not present a hazard to air
       safety. The painting requirements set forth in Section 17.50 of the
       Rules are an integral part of how the Commission discharges its
       statutory obligation. By any reasonable standard, Trap Rock's antenna
       structure was not repainted "as often as necessary to maintain good
       visibility." The agent observed that the white paint on the tower was
       so badly faded that the white band was indistinguishable from the
       adjacent orange band, thus diminishing the overall visibility of the
       tower. We believe that the proposed forfeiture amount was warranted
       based on the nature, circumstance, extent, and gravity of the
       violation and we decline to reduce or cancel the forfeiture on this
       basis.

    9. We also decline to reduce or cancel the forfeiture amount based on
       Trap Rock's claim that its "degree of culpability here was slight"
       based on its remedial efforts after the agent's March 15, 2005
       inspection. The Commission consistently has held that corrective
       action taken to come into compliance with the Rules is expected, and
       does not nullify or mitigate any prior forfeitures or violations. In
       light of Trap Rock's history of compliance, however, we reduce the
       forfeiture amount from $10,000 to $8,000.

   IV. ORDERING CLAUSES

   10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
       1.80(f)(4) of the Rules, Trap Rock Industries, Inc. IS LIABLE FOR A
       MONETARY FORFEITURE in the amount of eight thousand dollars ($8,000)
       for willful and repeated violation of Section 17.50 of the Rules.

   11. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within thirty (30) days of the release of
       this Order. If the forfeiture is not paid within the period specified,
       that case may be referred to the Department of Justice for collection
       pursuant to Section 504(a) of the Act. 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, 445
       12th Street, S.W., Room 1A625, Washington, D.C. 20554.

   12. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
       sent by Certified Mail, Return Receipt Requested, and regular mail, to
       Trap Rock Industries, Inc. at its address of record and to counsel for
       Trap Rock Industries, Inc. at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Russell Monie, Jr.

   Regional Director, Northeast Region

   Enforcement Bureau

   47 C.F.R. S 17.50.

   47 C.F.R. S 17.50.

   Trap Rock Industries, Inc., Notice of Apparent Liability for Forfeiture,
   NAL/Acct. No. 200632380001 (Enf. Bur., New York Office, November 21, 2005)
   ("NAL"). In the NAL, the New York Office also admonished Trap Rock for
   failing to post the antenna structure registration number at the base of
   the tower.

   47 U.S.C. S 503(b).

   47 C.F.R. S 1.80.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
   Policy Statement").

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

   See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).

   47 U.S.C. S 503(b).

   47 C.F.R. SS 0.111, 0.311, 1.80(f)(4).

   47 U. S. C. S 504(a).

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 06-1943

                                       4

   Federal Communications Commission DA 06-1943