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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                                                        
     Southern Classic Millworks, LLC             File No. EB-08-OR-0147      
     Owner of Antenna Structure Located at       NAL/Acct. No. 200932620001  
     Coordinates N30DEG 30' 20" x W091DEG        FRN 0015398431              
     01' 25.7"                               )                               

                          MEMORANDUM OPINION AND ORDER

   Adopted: September 24, 2009 Released: September 25, 2009

   By the Deputy Bureau Chief, Enforcement Bureau:


    1. In this Memorandum Opinion and Order ("MO&O"), we deny the petition
       for reconsideration filed by Southern Classic Millworks, LLC
       ("Millworks"), owner of the antenna structure located at coordinates
       N30DEG 30' 20" x W091DEG 01' 25.7" in Greenwell Springs, Louisiana
       ("Tower"), of the Forfeiture Order issued February 4, 2009. The
       Forfeiture Order imposed a monetary forfeiture in the amount of $3,000
       for Millworks' willful and repeated violation of Section 17.4(a) of
       the Commission's Rules ("Rules"). The noted violations involved
       Millworks' failure to register its antenna structure with the


    2. On July 5, 2006, in response to a complaint regarding a tower light
       outage at 14461 Frenchtown Road, Greenwell Springs, Louisiana, agents
       from the Commission's New Orleans Office of the Enforcement Bureau
       ("New Orleans Office") contacted Millworks, the owner of the land at
       that address and on which the Tower is located. The agents learned
       from the Millworks' employee responsible for the company's antenna
       structures that it had recently purchased the Tower. This person
       indicated that Millworks was unaware of the Antenna Structure
       Registration ("ASR") requirement and was instructed to have the Tower
       registered in the ASR database and have the registration number posted
       at the structure's base. In addition, on July 12, 2006, an agent from
       the New Orleans Office instructed one of Millworks' owners to register
       the Tower and have the registration number posted at the structure's
       base. On August 1, 2006, Millworks responded by providing evidence
       that a radio licensee was a tenant on the Tower. On August 8, 2006,
       Millworks further informed the New Orleans Office that the previous
       owner failed to register the Tower.

    3. On June 3, 2008, in response to a subsequent complaint alleging
       violations concerning the Tower, agents from the New Orleans Office
       conducted an inspection of the Tower. The Tower is 500 feet in height
       above ground level and was hosting a radio licensee. The Tower did not
       have an ASR number posted at or around its base. The agents consulted
       the ASR database and found that the Tower still was not registered.

    4. On June 5, 2008, agents from the New Orleans Office interviewed one of
       Millworks' owners about the structure, who stated that he believed the
       Tower had been registered in 2006 along with another structure owned
       by Millworks. The employee responsible for the company's antenna
       structures, however, was unable to provide documentation showing that
       the Tower had been registered. Those agents again informed Millworks'
       owner and the employee responsible for the company's antenna
       structures that they were required to register the Tower.

    5. On October 8, 2008, an agent from the New Orleans Office again spoke
       with the Millworks' employee responsible for the company's antenna
       structures, the same person with whom he had spoken on June 5. This
       person stated the Tower still was unregistered. This person also
       stated that one of Millworks' owners was in the process of finding a
       company to manage the antenna structure. As of November 6, 2008,
       review of the ASR database showed that the Tower was still not

    6. On November 20, 2008, the New Orleans Office issued a Notice of
       Apparent Liability for Forfeiture to Millworks in the amount of three
       thousand dollars ($3,000), for the apparent willful and repeated
       violation of Section 17.4(a) of the Rules. Millworks failed to submit
       a response to the NAL. On February 4, 2009, the Bureau released a no
       response Forfeiture Order, imposing a $3,000 forfeiture. On February
       24, 2009, Millworks filed a petition for reconsideration requesting
       reduction or cancellation of the forfeiture.


    7. The forfeiture amount in this case was assessed in accordance with
       Section 503(b) of the 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 examining
       Millworks' petition, 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 any
       other such matters as justice may require.

    8. A petition for reconsideration that relies on facts not previously
       presented to the designated authority may be granted only if: (1) the
       designated authority determines that consideration of the facts relied
       on is required in the public interest; (2) the petition relies on
       facts which relate to events which occurred or circumstances which
       have changed since the last opportunity to present such matters; or
       (3) the petition relies on facts unknown to petitioner until after his
       last opportunity to present such matters. All of the information
       provided in the petition for reconsideration was available and known
       to Millworks when it was provided an opportunity to respond to the
       NAL. Moreover, we do not find that the public interest requires
       consideration of the facts alleged in the petition for

    9. In its petition for reconsideration, Millworks claims that, because it
       is in the cabinet business, not communications, it is unfamiliar with
       Commission rules and requirements. Millworks claims that one of its
       secretaries spoke to someone at the Commission to explain that its
       Tower is in close proximity to another tower of similar height and
       age, and was told that one registration for both towers was
       sufficient. Millworks does not, however, disclose or submit any
       documentation regarding the content of this alleged discussion with
       Commission staff.

   10. Even if the pubic interest requires consideration of these alleged
       facts, and even assuming such alleged conversation took place, it does
       not warrant a grant of the Petition. The Commission has long held that
       statements by individual Commission staff members are not binding on
       the Commission, and the Commission has repeatedly warned that parties
       who rely on staff advice or interpretations do so at their own risk.
       Moreover, an agent from the New Orleans Office informed Millworks on
       July 5 and 12, 2006, and June 5, 2008, that the Tower was required to
       be registered. Thus, even if a staff member previously advised
       Millworks that the Tower need not be registered, Millworks was
       provided ample actual notice that registration of the Tower was
       required prior to release of the NAL on November 20, 2008.

   11. Once it received the NAL, Millworks asserts that it promptly hired an
       experienced broadcast engineer to register the Tower, which was
       completed on February 19, 2009. However, the Commission has long held
       that post-inspection corrective action taken to come into compliance
       with the Rules is expected, and such corrective action does not
       nullify or mitigate any prior forfeitures or violations. Accordingly,
       we find that Millworks' corrective action does not provide grounds to
       reconsider or reduce the forfeiture. Millworks adds that registration
       of the other nearby tower should have provided "adequate notice to the
       Federal Aviation Administration ("FAA") and airplane pilots of the
       hazard to aviation in the area." Regardless of whether the other
       registered tower alleviated, in whole or in part, the hazard to air
       traffic, Section 17.4(a) of the Rules requires that the owner of any
       proposed or existing antenna structure that requires notice of
       proposed construction to the FAA must register the structure with the

   12. Finally, Millworks claims that it was unaware that it had to respond
       so quickly to the NAL prior to issuance of the Forfeiture Order.
       Paragraph 11 of the NAL, however,  clearly states that a response or
       payment was due within thirty days of release of the NAL. The
       Forfeiture Order was issued February 4, 2009, 44 days after the NAL
       response or payment was due.


   13. Accordingly, IT IS ORDERED, pursuant to Section 405 of the
       Communications Act of 1934, as amended, and Section 1.106 of the
       Commission's Rules, that the Petition for Reconsideration filed by
       Southern Classic Millworks, LLC IS DENIED.

   14. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and
       Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Southern Classics
       Millworks, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of
       three thousand dollars ($3,000) for violation of Section 17.4(a) of
       the Rules.

   15. 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. 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/Account
       Number and FRN Number referenced above. Payment by check or money
       order may be mailed to Federal Communications Commission, P.O. Box
       979088, St. Louis, MO 63197-9000. Payment by overnight mail may be
       sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005
       Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be
       made to ABA Number 021030004, receiving bank TREAS/NYC, and account
       number 27000001. For payment by credit card, an FCC Form 159
       (Remittance Advice) must be submitted.  When completing the FCC Form
       159, enter the NAL/Account number in block number 23A (call sign/other
       ID), and enter the letters "FORF" in block number 24A (payment type
       code). Requests for full payment under an installment plan should be
       sent to:  Chief Financial Officer -- Financial Operations, 445 12th
       Street, S.W., Room 1-A625, Washington, D.C.  20554.   Please contact
       the Financial Operations Group Help Desk at 1-877-480-3201 or Email: with any questions regarding payment procedures.
       Millworks will also send electronic notification on the date said
       payment is made to

   16. IT IS FURTHER ORDERED that this Order shall be sent by regular mail
       and by certified mail, return receipt requested, to Southern Classic
       Millworks, LLC at its address of record.


   Dana Shaffer

   Deputy Bureau Chief, Enforcement Bureau

   Southern Classic Millworks, LLC, Forfeiture Order, 24 FCC Rcd 1246 (Enf.
   Bur. South Central Region, 2009) ("Forfeiture Order").

   47 C.F.R. S: 17.4(a).

   Millworks corrected the lighting outage on the antenna structure on July
   6, 2006.

   This complaint involved a lighting outage and unregistered tower; once
   contacted, Millworks addressed this issue, notifying the Federal Aviation
   Administration of the lighting outage on the antenna structure on June 5,

   Southern Classic Millworks, LLC, Notice of Apparent Liability for
   Forfeiture, NAL/Acct. No. 200932620001 (Enf. Bur., New Orleans Office,
   November 20, 2008) ("NAL").

   Although Millworks' letter was not captioned as a "Petition for
   Reconsideration," we have interpreted it as such. The letter was
   originally sent to the New Orleans Office, but it was stamped received by
   the Secretary's Office on March 4, 2009.

   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).

   47 U.S.C. S: 503(b)(2)(E).

   47 C.F.R. S: 1.106(c).

   See e.g., Roamer One, Inc. and Certain 220 MHz Non-Nationwide Licensees,
   Order, 17 FCC Rcd 3287, n.26 (2002), citing Applications of Hinton
   Telephone Company, Memorandum Opinion and Order on Reconsideration, 10 FCC
   Rcd 11625, 11637 (1995) and AAT Electronics Corp., 53 RR 2d 1241, 1225-26
   (1983), aff'd sub nom., P&R Temmer v, FCC, 743 F.2d 918, 931 (D.C. Cir.

   Millworks notes that the recently hired engineer stated he has been
   registering towers for years and had always believed that "one
   registration was sufficient for two identical towers." The fact that
   Millworks and its engineer held the same mistaken belief regarding the
   registration requirements does not negate the fact that the Rules require
   separate registration of towers.

   See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994), Rama
   Communications, Inc., Memorandum Opinion and Order, 24 FCC Rcd 4981 (Enf.
   Bur. 2009), Bethune-Cookman College, Inc.. Forfeiture Order, 24 FCC Rcd
   4513 (South Central Region 2009).

   Millworks petition for reconsideration at 2.

   47 C.F.R. S: 17.4(a). Section 17.7(a) of the Rules requires notification
   to the FAA for any construction or alteration of more than 200 feet in
   height above ground level. 47 C.F.R. S: 17.7(a). Millworks' Tower required
   notification to the FAA because the structure exceeded 200 feet in height.

   Millworks incorrectly referred to the NAL as a Notice of Violation. No
   Notice of Violation was issued to Millworks by the New Orleans Office.

   47 U.S.C. S: 405.

   47 C.F.R. S: 1.106.

   47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 11.35(a), 73.3526.

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

   Federal Communications Commission DA 09-2101



   Federal Communications Commission DA 09-2101