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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554


                                  )                               
                                                                  
     In the Matter of             )                               
                                                                  
     Andrews Tower Rental, Inc.   )   File No.: EB-10-DL-0056     
                                                                  
     Owner of Antenna Structure   )   NAL/Acct. No: 201132500001  
                                                                  
     ASR#: 1058250                )   FRN: 0006139463             
                                                                  
     Oplin, Texas                 )                               
                                                                  
                                  )                               


                                FORFEITURE ORDER

   Adopted: October 31, 2011 Released: November 1, 2011

   By the Regional Director, South Central Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of three thousand seven hundred fifty dollars ($3,750) to
       Andrews Tower Rental, Inc. ("Andrews Tower"), owner of antenna
       structure number 1058250, in Oplin, Texas ("Tower"), for willful and
       repeated violation of section 303(q) of the Communications Act of
       1934, as amended ("Act"), and section 17.51(a) of the Commission's
       rules ("Rules"). The noted violations involve Andrews Tower's failure
       to exhibit the required lighting on its antenna structure after
       sunset.

   II. BACKGROUND

    2. On April 7, 2011, the Enforcement Bureau's Dallas Office ("Dallas
       Office") issued a Notice of Apparent Liability and Order  ("NAL") to
       Andrews Tower for its failure to exhibit required antenna structure
       lighting. As discussed in detail in the NAL, on July 12, 2010, an
       agent from the Dallas Office observed a tower light outage, which
       Andrews Tower later confirmed began July 8, 2010 and was not repaired
       as of July 15, 2010. Andrews Tower also failed to notify the Federal
       Aviation Administration ("FAA") of the tower light outage prior to
       July 15, 2010. Andrews Tower responded to the NAL stating that it
       would demolish the Tower as soon as possible and requested reduction
       or cancellation of the proposed forfeiture based on its inability to
       pay the forfeiture. On July 7, 2011, Andrews Tower stated that the
       Tower was "in all respects lit in accordance with Commission
       requirements" and that it had obtained estimates for the demolition of
       the Tower.

   III. DISCUSSION

    3. The proposed forfeiture amount in this case was assessed in accordance
       with section 503(b) of the Act, section 1.80 of the Rules, and the
       Forfeiture Policy Statement. In examining Andrews Tower's response,
       section 503(b)(2)(E) 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. As discussed below, we have
       considered Andrews Tower's response in light of these statutory
       factors and find a reduction based solely on its documented inability
       to pay is warranted.

    4. Section 312(f)(1) of the Act defines willful as "the conscious and
       deliberate commission or omission of [any] act, irrespective of any
       intent to violate" the law. The legislative history to section
       312(f)(1) of the Act clarifies that this definition of willful applies
       to both sections 312 and 503(b) of the Act and the Commission has so
       interpreted the term in the section 503(b) context. The Commission may
       also assess a forfeiture for violations that are merely repeated, and
       not willful.  "Repeated" means that the act was committed or omitted
       more than once, or lasts more than one day.

    5. As set forth in the NAL, an agent from the Dallas Office observed that
       the Tower was not lit after sunset on July 12, 2010. Andrews Tower
       admitted that the lighting outage on the Tower began July 8, 2010 and
       was not repaired as of July 15, 2010, the date of a telephone
       conversation between Andrews Tower and an agent from the Dallas
       Office. Andrews Tower also admitted that it did not contact the FAA
       about the outage prior to July 15, 2010. Moreover, Andrews Tower does
       not deny any of these facts in its response to the NAL. Thus, we find
       that Andrews Tower willfully and repeatedly violated section 303(q) of
       the Act and section 17.51(a) of the Rules by failing to exhibit
       required red obstruction lighting on the Tower after sunset.

    6. In its response to the NAL, Andrews Tower asserts that the forfeiture
       would pose a financial hardship and requests reduction or cancellation
       of the forfeiture on those grounds. With regard to a downward
       adjustment based on inability to pay, the Commission has determined
       that, in general, gross revenues are the best indicator of an ability
       to pay a forfeiture. We have reviewed our records and Andrews Tower's
       submitted documentation and conclude that the forfeiture should be
       reduced to $3,750, an amount within the range determined by the Bureau
       to be affordable.

    7. We remind Andrews Tower that it is responsible for observing the
       lights on all of its antenna structures at least once every 24 hours
       and notifying the FAA immediately of any light outages lasting more
       than 30 minutes. Andrews Tower must maintain the lights on its antenna
       structures, even if those structures are no longer occupied by any
       radio licensees, until the structures are dismantled. Failure to
       comply with these requirements may result in additional enforcement
       action. Finally, we direct Andrews Tower to notify the Dallas Office
       when the Tower is dismantled at Federal Communications Commission,
       Enforcement Bureau, South Central Region, Dallas Office, 9330 LBJ
       Freeway, Suite 1170, Dallas, Texas, 75243.

   IV. ORDERING CLAUSES

    8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.204,
       0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Andrews Tower
       Rental, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of
       three thousand seven hundred fifty dollars ($3,750) for violations of
       sections 303(q) of the Act and section 17.51(a) of the Rules.

   9. IT IS FURTHER ORDERED that Andrews Tower Rental, Inc. SHALL SUBMIT a
   statement as described in paragraph 7 to the Dallas Office within thirty
   (30) calendar days of the release date of this Forfeiture Order.

   10. Payment of the forfeiture shall be made in the manner provided for in
   section 1.80 of the Rules within thirty (30) calendar 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 enforcement
   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 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 with any questions regarding
   payment procedures at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov.
   Andrews Tower will also send electronic notification on the date said
   payment is made to SCR-Response@fcc.gov.

   11. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
   First Class and Certified Mail, Return Receipt Requested, to Andrews Tower
   Rental, Inc. at 2221 Oak Knoll, Colleyville, TX 75034 and to its counsel,
   Lewis H. Goldman, P.C., at 45 Dudley Court, Bethesda, MD 20814.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 U.S.C. S: 303(q).

   47 C.F.R. S: 17.51(a).

   Andrews Tower Rental, Inc., Notice of Apparent Liability for Forfeiture
   and Order, 26 FCC Rcd 5144 (South Central Region Enf. Bur. 2011). A
   comprehensive recitation of the facts and history of this case can be
   found in the NAL and is incorporated herein by reference.

   The Tower is 134.1 meters above ground in height and is required to be
   painted and lit. See Antenna Structure Registration Database, Registration
   Number 1058250.

   NAL at 5144-5145.

   Id. See also 47 C.F.R. S: 17.48 (requiring owners of registered antenna
   structures that have been assigned lighting specifications to report
   immediately to the FAA any observed or otherwise known extinguishment of
   any flashing obstruction light not corrected within 30 minutes).

   Letter from Lewis H. Goldman, Attorney for Andrews Tower Rental, Inc., to
   James D. Wells, District Director, Dallas Office, dated June 3, 2011 ("NAL
   Response"). Karen McMillan is the only person who responded to agents from
   the Dallas Office on behalf of Andrews Tower Rental, which prompted the
   agents to conclude that she was the owner of Andrews Tower Rental, Inc. In
   the NAL Response, Andrews Tower clarified that Andrews Tower is owned by
   Ms. McMillan's "elderly and physically infirm" parents, and that Ms.
   McMillan was only "voluntarily seeking to assist her elderly and infirm
   parents with their personal business affairs." Also, Andrews Tower
   admitted that it owns the Tower. NAL Response at 1.

   Letter from Lewis H. Goldman, Attorney for Andrews Tower Rental, Inc., to
   Diane Law-Hsu, Regional Counsel, South Central Region, Enforcement Bureau,
   dated July 7, 2011.

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

   47 C.F.R. S: 1.80.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
   Policy Statement").

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

   47 U.S.C. S: 312(f)(1).

   H.R. Conf. Rep. No. 97-765, at 51 (1982) ("This provision [inserted in
   section 312] defines the terms `willful' and `repeated' for purposes of
   section 312, and for any other relevant section of the [A]ct (e.g.,
   section 503) . . . . As defined[,] . . . `willful' means that the licensee
   knew that he was doing the act in question, regardless of whether there
   was an intent to violate the law. `Repeated' means more than once, or
   where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   sections 312 and 503, and are consistent with the Commission's application
   of those terms . . . .").

   See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4388 (1991), recon. denied, 7 FCC Rcd 3454 (1992)
   ("Southern California Broadcasting Co.").

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) ("Callais
   Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   Southern California Broadcasting Co., 6 FCC Rcd at 4388, P: 5; Callais
   Cablevision, Inc., 16 FCC Rcd at 1362, P: 9.

   See PJB Communications of Virginia, Inc., Forfeiture Order, 7 FCC Rcd
   2088, 2089 (1992) (forfeiture not deemed excessive where it represented
   approximately 2.02 percent of the violator's gross revenues); Local Long
   Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not
   deemed excessive where it represented approximately 7.9 percent of the
   violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture
   Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
   represented approximately 7.6 percent of the violator's gross revenues).

   See id.

   See 47 C.F.R. S: 17.47.

   See 47 C.F.R. S: 17.48.

   See 47 U.S.C. S: 303(q) (requiring the owner of a tower that ceases to be
   licensed by the Commission for the transmission of radio energy to
   maintain the prescribed painting and/or illumination of such tower until
   it is dismantled).

   47 U.S.C. S:S: 303(q), 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
   1.80(f)(4), 17.51(a).

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

   Federal Communications Commission DA 11-1825

   2

   Federal Communications Commission DA 11-1825