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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
David Ryder, Receiver ) File Number EB-07-TP-187
Owner of Antenna Structure Numbers ) NAL/Acct. No. 200832700012
1013175, 1249516, 1249517 and 1249521
) FRN 0013835343
Melbourne, FL
)
)
ORDER
Adopted: July 8, 2008 Released: July 10, 2008
By the Regional Director, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Order, we cancel the proposed forfeiture in the amount of
twelve thousand dollars ($12,000) issued to David Ryder, Receiver,
owner of antenna structure numbers 1013175, 1249516, 1249517 and
1249521, in Melbourne, FL ("Owner") for the apparent willful violation
of Section 17.47(g) of the Commission's Rules ("Rules") and the
apparent willful and repeated violation of Section 17.50 of the Rules.
The noted violations involved Owner's apparent failure to post Antenna
Structure Registration ("ASR") numbers and failure to paint his
antenna structures to maintain good visibility.
III. DISCUSSION
2. On April 8, 2008, the Commission's Tampa Office of the Enforcement
Bureau ("Tampa Office") issued a Notice of Apparent Liability for
Forfeiture to Owner in the amount of twelve thousand dollars
($12,000), for the apparent willful violation of Section 17.47(g) of
the Rules and the apparent willful and repeated violation of Section
17.50 of the Rules. Owner filed a response to the NAL requesting that
the forfeiture be canceled or significantly reduced. Owner argues that
the violations truly occurred prior to his ownership of the
structures, because he acquired the antenna structures on September 6,
2007, three days before the Commission inspection. Owner states that
the receivership relinquished control of the structures to a party
unrelated to Twin Towers Broadcasting, Inc. on March 25, 2008, and is
currently in the process of assembling and prioritizing creditors'
claims against Twin Towers Broadcasting, Inc. Owner asserts that
requiring full payment of the forfeiture would harm innocent
creditors. Based on the totality of the circumstances, we cancel the
NAL.
IV. ORDERING CLAUSES
3. 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 Commission's Rules, the Notice of Apparent Liability
for Forfeiture issued to David Ryder, Receiver for violation of
Sections 17.4(g) and 17.50 of the Rules IS HEREBY CANCELED.
4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class and Certified Mail Return Receipt Requested to David Ryder,
Receiver at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
Mr. Ryder is the court-appointed receiver for property owned by Twin
Towers Broadcasting, Inc. Accordingly, David Ryder, Receiver was listed in
the Antenna Structure Registration database as the owner of the antenna
structures in question.
47 C.F.R. S:S: 17.4(g) and 17.50.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832700012
(Enf. Bur., Tampa Office, April 8, 2008) ("NAL").
See Dennis Elam, Trustee for Bakcor Broadcasting, Inc., Memorandum Opinion
and Order, 11 FCC Rcd 1137 (1996).
47 U.S.C. S: 503(b); 47 C.F.R. S:S:S: 0.111, 0.311, 1.80(f)(4).
Federal Communications Commission DA 08-1605
2
Federal Communications Commission DA 08-1605