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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                      )                                      
                                                                             
                                      )                                      
     In the Matter of                                                        
                                      )                                      
     CBTR Services, LLC                   File No.: EB-FIELDSCR-12-00000874  
                                      )                                      
     Owner of Antenna Structure No.       NAL/Acct. No.: 201232500008        
     1052235                          )                                      
                                          FRN: 0018755603                    
     Bridgeport, Texas                )                                      
                                                                             
                                      )                                      
                                                                             
                                      )                                      


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: September 25, 2012 Released: September 25, 2012

   By the District Director, Dallas Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
       that CBTR Services, LLC (CBTR Services), owner of antenna structure
       number 1052235, in Bridgeport, Texas (the Antenna Structure),
       apparently willfully and repeatedly violated Section 303(q) of the
       Communications Act of 1934, as amended (Act), and Section 17.50 of the
       Commission's rules (Rules) by failing to clean or repaint the Antenna
       Structure as often as necessary to maintain good visibility. We
       conclude that CBTR Services is apparently liable for a forfeiture in
       the amount of ten  thousand dollars ($10,000).

   II. BACKGROUND

    2. The Antenna Structure is 137 meters in overall height above ground and
       is required to be painted and lighted. On February 15, 2012, agents
       from the Dallas Office of the Enforcement Bureau (Dallas Office)
       inspected the Antenna Structure and observed that the structure's
       paint was extremely faded and rusted in several areas, reducing the
       structure's visibility. The agents were unable to distinguish the
       alternating bands of paint on the Antenna Structure from a quarter of
       a mile from the Antenna Structure.

    3. On April 17, 2012, CBTR Services told an agent in the Dallas Office
       via telephone that it had purchased the Antenna Structure two years
       prior and that it had not repainted the Antenna Structure since that
       time. During the same conversation, CBTR Services also informed the
       agent that the previous owner last painted the Antenna Structure about
       12 years ago. On April 30, 2012, CBTR Services stated that it had
       repainted the Antenna Structure on April 29, 2012.

   III. DISCUSSION

    4. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation, or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. 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. The term "repeated" means the
       commission or omission of such act more than once or for more than one
       day.

     A. Failure to Maintain the Antenna Structure's Paint to Ensure Good
        Visibility

    5. Section 303(q) of the Act states that antenna structure owners shall
       maintain the painting and lighting of antenna structures as prescribed
       by the Commission. Section 17.50 of the Rules requires that antenna
       structures be cleaned or repainted as often as necessary to maintain
       good visibility. On February 15, 2012, agents from the Dallas Office
       observed that the paint on the Antenna Structure was extremely faded
       and rusted in several areas, such that its visibility was poor. CBTR
       Services admitted that it had not painted the Antenna Structure since
       acquiring the structure in 2010. The condition of the paint at the
       time of the inspection was so deteriorated that the agents concluded
       that the Antenna Structure was not clearly visible for more than one
       day. Thus, based on the evidence before us, we find that CBTR Services
       apparently willfully and repeatedly violated section 17.50 of the
       Rules by failing to clean and repaint the Antenna Structure in order
       to maintain good visibility.

     A. Proposed Forfeiture

    6. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for failing to comply
       with prescribed marking is $10,000. In assessing the monetary
       forfeiture amount, we must also take into account the statutory
       factors set forth in Section 503(b)(2)(E) of the Act, which include
       the nature, circumstances, extent, and gravity of the violations, 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. Applying the Forfeiture Policy Statement, Section 1.80 of
       the Rules, and the statutory factors to the instant case, we conclude
       that CBTR Services is apparently liable for a forfeiture in the amount
       of $10,000.

   IV. ORDERING CLAUSES

    7. 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 of the Commission's rules, CBTR Services, LLC
       is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the
       amount of ten thousand dollars ($10,000) for violation of Section
       303(q) of the Act and Section 17.50 of the Commission's rules.

    8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's rules, within thirty (30) calendar days of the release
       date of this Notice of Apparent Liability for Forfeiture, CBTR
       Services, LLC SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

    9. Payment of the forfeiture must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account number
       and FRN referenced above. CBTR Services, LLC will also send electronic
       notification on the date said payment is made to SCR-Response@fcc.gov.
       Regardless of the form of payment, a completed FCC Form 159
       (Remittance Advice) must be submitted. When completing the FCC Form
       159, enter the Account Number in block number 23A (call sign/other ID)
       and enter the letters "FORF" in block number 24A (payment type
       code).   Below are additional instructions you should follow based on
       the form of payment you select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. 

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated. 

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. 

   10. Any request for full payment under an installment plan should be sent
       to:  Chief Financial Officer-Financial Operations, Federal
       Communications Commission, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.  If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk by
       phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.

   11. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       Sections 1.80(f)(3) and 1.16 of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, South
       Central Region, Dallas Office, 9330 LBJ Freeway, Suite 1170, Dallas,
       TX 75243 and include the NAL/Acct. No. referenced in the caption. CBTR
       Services, LLC also shall email the written response to
       SCR-Response@fcc.gov.

   12. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices (GAAP); or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted.

   13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by both Certified Mail, Return Receipt
       Requested, and First Class Mail, to CBTR Services, LLC at P.O. Box
       886, Graham, TX 76450.

   FEDERAL COMMUNICATIONS COMMISSION

   James D. Wells

   District Director

   Dallas Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 17.50.

   See Antenna Structure Registration database for antenna structure number
   1052235. See also 47 C.F.R. S: 17.21(a) (requiring antenna structures to
   be painted and lighted when they exceed 60.96 meters in height above
   ground).

   According to the Antenna Structure Registration database, antenna
   structure number 1052235 must be marked and lighted consistent with FCC
   Paragraphs 1, 3, 4, 13, and 21. FCC Paragraph 1 requires antenna
   structures to be painted throughout their height with alternate bands of
   aviation surface orange and white. The width of the bands shall be equal
   and approximately one-seventh the height of the structure, provided
   however, that the bands shall not be more than 100 feet nor less than 1.5
   feet in width.  See FCC Forms 715/715A, paragraphs 1, 3, 4, 12 and 21.

   An agent from the Dallas Office confirmed that CBTR was listed as the
   owner of the Antenna Structure in the Antenna Structure Registration
   database on November 17, 2010. See Antenna Structure Registration database
   for antenna structure number 1052235.

   See email from Chuck Breitkreutz, Owner of CBTR Services, LLC, to the
   Dallas Office (Apr. 30, 2012, 9:39 A.M.). A photograph of the repainted
   Antenna Structure was attached to the email.

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

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

   H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 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 act
   (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., Application for Review of Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388, para. 5 (1991),
   recons. denied, 7 FCC Rcd 3454 (1992).

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

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term `repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day." See Callais Cablevision, Inc., 16 FCC Rcd  at
   1362, para. 9.

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

   47 C.F.R. S: 17.50.

   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) (Forfeiture Policy Statement), recons. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

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

   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, 17.50.

   An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

   See 47 C.F.R. S: 1.1914.

   47 C.F.R. S:S: 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 12-1509

                                       4

   Federal Communications Commission DA 12-1509