FCC Web Documents citing 17.21
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- Central Region Enforcement Bureau 47 C.F.R. 17.47(a). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932560001 (Enf. Bur., Kansas City Office, released October 31, 2008). 47 U.S.C. 503(b). 47 C.F.R. 1.80. 47 U.S.C. 503(b)(2)(E). Antenna structures are required to be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. 17.21. Antenna structure owners are required to inspect at intervals not to exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated with the antenna structure lighting to insure that such apparatus is functioning properly. See 47 C.F.R. 17.47(b). Antenna structure owners are required to maintain a record of any observed or otherwise known extinguishment or
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- First Class and Certified Mail Return Receipt Requested to International Broadcasting Corporation at its address of record and to its counsel, Richard F. Swift, Irwin, Campbell & Tannenwald, 1730 Rhode Island Avenue NW, Suite 200, Washington DC, 20036-3101. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. 17.50, 17.57. See 47 C.F.R. 17.21. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832680001 (Enf. Bur., San Juan Office, November 13, 2007) (``NAL''). 47 U.S.C. 503(b). 47 C.F.R. 1.80. 47 U.S.C. 503(b)(2)(D). Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful,' ...
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- to CRC. On September 29, 2005, CRC sent a supplemental reply to the LOI stating that a new lighting system and alarm system had been purchased and would soon be installed on antenna structure #1019247. 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 17.21(a) of the Rules states antenna structures shall be painted and lighted when they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study. According to its ASR, antenna structure #1019247 is 62.1 meters in height and is assigned painting and lighting specifications by the FAA. Section 17.23 of the Rules requires that registered antenna
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- of record and to its counsel, Todd A. Steiner, Law Offices of Putbrese, Hunsaker & Trent, P.C., 200 South Church Street, Woodstock, VA 22664. FEDERAL COMMUNICATIONS COMMISSION Priya Shrinivasan Assistant Chief, Enforcement Bureau Rama Communications, Inc., Forfeiture Order, 23 FCC Rcd 17820 (Enf. Bur. South Central Region, 2008) (``Forfeiture Order''). 47 C.F.R. 17.50, 73.49, 73.1745(a), 73.3526. Pursuant to Section 17.21 of the Rules, antenna structures shall be painted and lighted when they exceed 60.96 meters in height above ground. 47 C.F.R. 17.21. Antenna structure numbers 1045401 and 1045403 are 88.7 meters in height above ground. Rama Communications, Inc., Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932700002 (Enf. Bur., Tampa Office, October 16, 2008) (``NAL''). 47 U.S.C. 503(b).
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- National Weather Service personnel to activate the EAS for state and local emergency alerts. The state plans include the EAS header codes and messages to be transmitted by the primary state, local and relay EAS sources. 47 C.F.R. 11.35(a). Antenna structures must be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. 17.21. 47 C.F.R. 73.3526(a)(2). 47 C.F.R. 73.3526(b). 47 C.F.R. 73.3526(c). 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''), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. 1.80. 47 U.S.C. 503(b)(2)(E). On April 16, 1997,
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- 11, 2010 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Verizon Wireless (VAW) LLC (``Verizon''), owner of an antenna structure located at 2128 Reed Creek Road, in Hartwell, GA for willful and repeated violation of Sections 17.4(a) and 17.21(a) of the Commission's Rules (``Rules''). The noted violations involve Verizon's failure to register its antenna structure with the Commission and failure to paint and light its antenna structure. II. BACKGROUND On August 18, 2009, in response to a complaint of an unlit tower, agents from the Commission's Atlanta Field Office of the Enforcement Bureau (``Atlanta Office'') inspected an antenna structure
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- Receipt Requested, to Taylor Communications, Inc. at 302 Highway 7, South, Oxford, MS 38655 and to John C. Trent, its counsel at 200 South Church Street, Woodstock, VA 22664. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. 17.48(a), 73.3526. See Antenna Structure Registration Database, Registration Number 1038246. See also 47 C.F.R. 17.21 (generally requiring towers exceeding 200 feet in height to be painted and lit). Local sunset time was 7:15 p.m. CDT. Taylor Communications, Inc., Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932620003 (Enf. Bur., New Orleans Office, rel. Nov. 21, 2008) (``NAL'') (citing 47 C.F.R. 17.48(a), 73.3526(a)(2), 73.3526(c)(1)). Letter from Todd A. Steiner, Esq., Counsel for Taylor Communications, Inc., to
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- of Apparent Liability for Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Equity Communications LP at 8025 Black Horse Pike, Suite 100-102, West Atlantic City, New Jersey 08232. FEDERAL COMMUNICATIONS COMMISSION Gene Stanbro District Director Philadelphia Office Northeast Region Enforcement Bureau 47 U.S.C. 303(q). 47 U.S.C. 17.50(a), 73.49. Pursuant to section 17.21 of the Rules, antenna structures shall be painted and lit when they exceed 60.96 meters in height above ground. 47 C.F.R. 17.21. Antenna structure number 1046625 is 106 meters in height above ground. Section 73.49 of the Rules states that ``antenna towers having radio frequency potential at the base must be enclosed with effective locked fences or other enclosures.''
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- 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.'' 47 C.F.R. 17.47(a). See 47 C.F.R. 17.21 (stating that antenna structures are required to be painted and lighted when they exceed 60.96 meters in height above ground). Second LOI Response at 1. 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''), recon. denied, 15 FCC Rcd 303
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- 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.'' 47 U.S.C. 303(q). 47 C.F.R. 17.51(a). See 47 C.F.R. 17.21 (requiring antenna structures more than 200 feet in height to be painted and lighted). Andrews Tower requested the FAA contact number on July 15, 2010. See para. 3 supra. 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''), recon. denied,
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- '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.'' 47 U.S.C. 303(q). 47 C.F.R. 17.51(a). See Antenna Structure Registration database for antenna structure number 1018669. See also 47 C.F.R. 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). 47 C.F.R. 17.47(a). 47 C.F.R. 17.47(b) (allowing antenna structure owners to employ an automatic light monitoring system in lieu of daily observations). The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12
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- (1) has dismantled its antenna structure; (2) owns no other antenna structures; (3) has ceased operating its cable system in Yorktown, TX; and (4) owns no other cable systems, we will consider such evidence and take appropriate action. 47 C.F.R. 17.4(g), 17.48, 17.51(a), and 17.57. 2 See Antenna Structure Registration Database, Registration Number 1045666. See also 47 C.F.R. 17.21 (generally requiring towers exceeding 200 feet in height to be painted and lit). Letter from Thomas Kurien, owner of KFW Communications, Inc. dba Almega Cable, to Lee Browning, Resident Agent, Houston Office, dated January 27, 2010. RAMCO also confirmed that it acquired the antenna structure effective January 1, 2010 in a telephone conversation with Agent Browning on March 16, 2010.
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- emergency alerts. The state plans include the EAS header codes and messages to be transmitted by the primary state, local and relay EAS sources. 47 C.F.R. 11.35(a). See NAL at 15874-15875. NAL Response at 1. 47 C.F.R. 17.47(a). Antenna structures must be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. 17.21. NAL Response at 1-2. 47 C.F.R. 17.50. NAL Response at 2-3. Id. 47 C.F.R. 73.3526(a)(2). 47 C.F.R. 73.3526(b). 47 C.F.R. 73.3526(c). 47 C.F.R 73.3526(e)(12). NAL Response at 1. NAL Response at 1-3. Request for Reduction at 1. See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994) (finding attempts to comply with licensing requirements
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- 11.35(b). KM Radio did not order any replacement parts for its EAS equipment until after the inspection, so KM Radio cannot claim that its operations fell under this exception. See LOI Response at 1. See 47 U.S.C. 303(q). See 47 C.F.R. 17.51(a). See Antenna Structure Registration database for antenna structure number 1053693. See also 47 C.F.R. 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). See LOI Response at 2. See id. See also 47 C.F.R. 17.47(a) (requiring owners of antenna structures that are required to be lighted to make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic
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- 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. 47 U.S.C. 303(q). 47 C.F.R. 17.51(a). See Antenna Structure Registration database for antenna structure number 1050186. See also 47 C.F.R. 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). 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. 1.80. 47 U.S.C. 503(b)(2)(E). See infra
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- Return Receipt Requested, and regular mail, to Telava Wireless, Inc. at 353 Sacramento Street, Suite 1500, San Francisco, California 94111. FEDERAL COMMUNICATIONS COMMISSION James M. Roop District Director Chicago District Office Northeast Region Enforcement Bureau 47 U.S.C. 303(q). 47 C.F.R. 17.47 and 17.56(a). See Antenna Structure Registration Database for antenna structure number 1050174. See also 47 C.F.R. 17.21 (generally requiring towers exceeding 200 feet (60.96 meters) in height to be painted and lit). Letter from James M. Roop, District Director, Chicago Office, to Telava Wireless, Inc., dated January 4, 2011. Letter from Boaz Yung, Executive Vice President, Telava Wireless, Inc., to James M. Roop, District Director, Chicago Office, dated January 21, 2011, at 1. Id. Id. at 2.
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- both Certified Mail, Return Receipt Requested, and regular mail, to Classic Cable, Inc. dba Suddenlink Communications at 12444 Powerscourt Drive, Suite 140, St. Louis, MO 63131. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director Dallas Office South Central Region Enforcement Bureau 47 C.F.R. 17.50. See Antenna Structure Registration database for antenna structure number 1040644. See also 47 C.F.R. 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 1040644 must be painted consistent with FCC Paragraphs 1, 3, 4, 13, and 21. FCC Paragraph 1 requires antenna structure to be painted throughout their height with alternate bands of aviation surface orange
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- be sent by both Certified Mail, Return Receipt Requested, and regular mail, to James Cable, LLC at 38710 Woodward Avenue, Suite 180, Bloomfield Hills, MI 48304. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director Dallas Office South Central Region Enforcement Bureau 47 C.F.R. 17.50. See Antenna Structure Registration database for antenna structure number 1016806. See also 47 C.F.R. 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 1016806 must be painted 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
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- be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Mobile Phone of Texas, Inc. at P.O. Box 2247, Wichita Falls, TX 76307. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director Dallas Office South Central Region Enforcement Bureau 47 C.F.R. 17.50. See Antenna Structure Registration database for antenna structure number 1057231. See also 47 C.F.R. 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 1057231 must be painted 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
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- 17.48, 17.50, 17.51, 17.57. Although the Antenna Structures were no longer being used for the transmission of radio energy at the time of the inspection, North Chapel is required to maintain the painting and lighting requirements assigned to the Antenna Structures until the structures are dismantled. See 47 U.S.C. 303(q). See 47 U.S.C. 303(q). See 47 C.F.R. 17.21 (requiring all antenna structures more than 60.96 meters in height above ground to be painted and lighted). See also Antenna Structure Registration database for antenna structure number 1055591 and antenna structure registration number 1055594. See Antenna Structure Registration database for antenna structure number 1055590 and antenna structure number 1055593. See Williamson County Tennessee Property Assessor Database. On February 10, 2012,
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- 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. 47 U.S.C. 303(q). 47 C.F.R. 17.50. 47 C.F.R. 17.48(a). 47 C.F.R. 17.51(a). See 47 C.F.R. 17.21(a) (requiring antenna structures more than 60.96 meters in height above the ground to be painted and lighted). See also Antenna Structure Registration database for antenna structure number 1214169. 47 C.F.R. 17.57. 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
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- Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail to Martin Broadcasting, Inc. at P.O. Box 419, Baytown, Texas 77522-0419. FEDERAL COMMUNICATIONS COMMISSION Stephen P. Lee Resident Agent Houston Office South Central Region Enforcement Bureau 47 U.S.C. 303(q); 47 C.F.R. 17.47(a), 17.51(a). See 47 C.F.R. 17.21(a) (requiring antenna structures more than 60.96 meters in height above the ground to be painted and lighted). See also Antenna Structure Registration database for antenna structure number 1060813. Local sunset time was 5:16 p.m. Red obstruction lighting is required to be exhibited from sunset until sunrise. See 47 C.F.R. 17.51(a). A Notice to Airmen (NOTAM) had been issued for
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- See, e.g., SpectraSite Communications, Inc., Notice of Apparent Liability, 18 FCC Rcd 22799 (2003), Forfeiture Order, 19 FCC Rcd 17673 (2004). Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Report and Order, 20 FCC Rcd 1073, 1084 (2004), aff'd sub nom. CTIA v. FCC, 466 F. 3d 105 (D.C. Cir. 2006). See 47 C.F.R. 17.21(a). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200332480012 (Enf. Bur. Atlanta Office, released December 6, 2002). FMG supplemented the NAL Response on January 17, 2003, with statements by John Hain and Robert Murphy and on April 23, 2004, with a confidential submission of FMG's federal income tax returns for a three year period. PJB Communications of Virginia, Inc., Memorandum
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- Memorandum Opinion and Order, 23 FCC Rcd 4027 (Enf. Bur. 2008) (``Memorandum Opinion and Order''). International Broadcasting Corporation, Forfeiture Order, 23 FCC Rcd 71 (Enf. Bur. South Central Region 2008) (``Forfeiture Order''). 47 C.F.R. 17.50, 17.57. Antennas structures, such as antenna structure # 1026702, more than 200 feet in height must be painted and lit. See 47 C.F.R. 17.21. International Broadcasting Corporation, Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832680001 at 1 (Enf. Bur. San Juan Office, rel. November 13, 2007). IBC Application for Review at 3-4. The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) (``Forfeiture
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- supplementary responses on June 30 and July 20, 2000. II. BACKGROUND 3. Kona Koast owns an antenna tower (``tower'') in Kealakekua, Hawaii, with the registration number 1063428. On July 13, 1999, agents from the Honolulu Office conducted an inspection of the tower and determined that it exceeds 200 feet in height and must, therefore, be painted in accordance with Section 17.21 of the Rules. During the inspection, the agents observed that the tower's paint was severely faded, chipped and flaking. 4. On July 15, 1999, the Honolulu Office issued an Official Notice of Violation ("NOV") to Kona Koast for failure to maintain the tower's paint. In its reply to the NOV, received August 9, 1999, Kona Koast stated that the tower
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- II. BACKGROUND 3. Natchez is the licensee of FM Station WTYJ in Fayette, Mississippi, and owns that station's antenna tower (``tower''). On March 19, 1999, an agent from the Commission's New Orleans Field Office conducted an inspection of the tower and determined that it exceeds 200 feet in height and must, therefore, be painted and illuminated in accordance with Section 17.21 of the Rules. During the inspection, the agent observed that the tower's lights were not functioning, that its paint was severely chipped and faded, and that the antenna tower's registration number was not posted on the tower. 4. On March 31, 1999, the New Orleans Field Office issued an Official Notice of Violation ("NOV") to Natchez for failure to maintain
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- ORDER Adopted: March 22, 2000 Released: March 23, 2000 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) against Kel-Comm Broadcasting, Inc., for willful and repeated violations of Section 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, and 17.50 of the Commission's Rules (``Rules''). The noted violations involve failure to respond to a Notice of Violation, failure to comply with prescribed tower marking requirements, failure to register the tower, and failure to install and operate EAS equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in
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- Log) and 73.3526 (Local Public Inspection File for Commercial Stations). New Orleans, LA District Office (3/29/01). City of Belleville, Belleville, IL. Chicago, IL District Office (3/30/01). 47 C.F.R. 17.4(g) - Posting of Antenna Structure Registration Numbers Hawaiian Wireless, Inc., Providence, RI. Honolulu, HI Resident Agent Office (3/1/01). Quad States Towers & Communications, Luverne, MN. Other violations: 47 C.F.R. 17.21 (Painting and Lighting, When Required) and 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Chicago, IL District Office (3/1/01). Trogden Zelbie, Glendale, CA. Los Angeles, CA District Office (3/1/01). AT&T Wireless Services, Inc., Baltimore, MD. Columbia, MD District Office (3/5/01). Celulares Telefonica (KNKA464), San Juan, PR. Other violation: 47 C.F.R. 17.50 (Cleaning and Repainting) San Juan, PR Resident
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- Repainting), 17.56 (Maintenance of Lighting Equipment), 73.49 (AM Transmission System Fencing Requirements) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (4/16/01). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. 17.4(a) - Antenna Structure Registration Centennial Puerto Rico License Corp., Washington, DC. $13,000 NAL. Other violation: 47 C.F.R. 17.21 (Painting and Lighting, When Required). San Juan, PR Resident Agent Office (4/23/01) 47 C.F.R. 17.51 - Time When Lights Should Be Exhibited American InfoAge, LLC, Clearwater, FL. $10,000 NAL. Tampa, FL District Office (4/25/01). Mega Communications of St. Petersburg, Licensee, LLC, St. Petersburg, FL $10,000 NAL. Tampa, FL District Office (4/25/01). SpectraSite Communications, Inc., Cary, NC. $10,000 NAL. Tampa,
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- of America, Heartwell, NE. Kansas City, MO District Office (5/21/01). Verizon Wireless, Alpharetta, GA. Portland, OR Resident Agent Office (5/25/01). Ned E. dba H Services, Sterling, AK. Anchorage, AK Resident Agent Office (5/29/01). Star Oil Company, Portland, OR. Portland, OR Resident Agent Office (5/29/01). VoiceStream PCS I License, LLC, Bellevue, WA. Portland, OR Resident Agent Office (5/31/01). 47 C.F.R. 17.21 - Painting and Lighting, When Required Omni Tower, Inc., Jackson NJ. Other violations: 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Philadelphia, PA District Office (5/30/01). 47 C.F.R. 17.23 - Specifications for Painting and Lighting of Antenna Structures Chicago Tower Leasing Corp., Park Ridge, IL. Chicago, IL District Office (5/1/01). Norlight Inc., Brookfield, WI. Chicago,
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- asserts that its subscribers will rarely be close to any interfering terrestrial tower Petition at 12. Id. at 12-13. 47 C.F.R. 24.415(j). Petition at 14-15. Space Data does not contest that the listing requirement applies to ground stations in its network. Cingular Comments at 7. Space Data Reply Comments at 16-17. 47 CFR 17.4, 17.7. 47 CFR 17.21. 47 CFR 24.55. Petition at 15. Space Data acknowledges that its ground stations are subject to antenna registration requirements where the antenna structures meet the relevant Part 17 criteria. Cingular Comments at 8. Space Data Reply Comments at 18-19. Id. See 47 CFR 17.7. Section 303(q) of the Communications Act, which confers specific jurisdiction on the Commission to
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- Related to the Station Log), 73.1820 (Station Log) and 73.1870 (Chief Operator). Dallas, TX District Office (9/25/01). 47 C.F.R. Part 17 Construction, Marking & Lighting of Antenna Structures 47 C.F.R. 17.4(a) Antenna Structure Registration Larry Birch d.b.a. Birches Communications, Mays Landing, NJ. Other violations: 47 C.F.R. 17.7 (Antenna Structures Requiring Notification to the FAA) and 17.21 (Painting and Lighting, When Required). Philadelphia, PA District Office (9/12/01). Bresnan Telecommunications Company, LLC. St. Paul, MN Resident Agent Office (9/28/01). 47 C.F.R. 17.4(g) Posting of Antenna Structure Registration Numbers Pinnacle Towers Inc, Sarasota, FL. Chicago, IL District Office (9/6/01). NStar Electric, W. Yarmouth, MA. Other violations: 47 C.F.R. 17.6 (Responsibility of Commission licensees and permittees)
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- TX. Dallas, TX District Office (11/13/01). Apple Broadcasting Company, Inc., WGDN(AM), Gladwin, MI. Other violations: 47 C.F.R. 73.1690 (Modification of Transmission Systems) and 73.1745 (Unauthorized Operation). Detroit, MI District Office (11/14/01). Howard County Government, Howard County, MD. Columbia, MD District Office (11/16/01). Spectrum Resources Towers, Carson City, NV(ASR 1204302). San Francisco, CA District Office (11/21/01). 47 C.F.R. 17.21 Painting and Lighting, When Required Leonard Stevens, Morgan Towers, Inc., Cinnaminson, NJ. Philadelphia, PA District Office (11/30/01). 47 C.F.R. 17.23 Specifications for Painting and Lighting of Antenna Structures Crown Communications, Canonsburg, PA. Philadelphia, PA District Office (11/16/01). AT&T Wireless Services, Inc., Bluffdale, UT (ASR #1039565). Other violation: 47 C.F.R. 17.48 ( Notification of Extinguishment or
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- Lights Should Be Exhibited). Saint Paul, MN Resident Agent Office (4/30/02). Pinnacle Towers, La Crosse. Other violation: 47 C.F.R. 17.51 (Time When Lights Should Be Exhibited). Saint Paul, MN Resident Agent Office (4/30/02) 47 C.F.R. 17.6 - Responsibility of Commission Licensees and Permittees ZGS Broadcasting of Tampa, Inc., Tampa, FL. Tampa, FL District Office (4/10/02). 47 C.F.R. 17.21 - Painting and Lighting, When Required Pinnacle Towers, Inc., Sarasota, FL. Tampa, FL District Office (4/8/02). Adrienne Arsht, Potomac, MD. Tampa, FL District Office (4/10/02). American Tower through American Tower Management, Inc., Atlanta, GA. Tampa, FL District Office (4/17/02). American Tower Thru OmniAmerica Holding, Atlanta, GA. Tampa, FL District Office (4/17/02). Crown Castle GT Company, LLC, Canonsburg, PA. Tampa, FL
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- (Time When Lights Should Be Exhibited). Tampa, FL District Office (6/20/02). o Moffatt Properties Leasing LLC, Tupelo, MS. $2,000 NAL. New Orleans, LA District Office (6/24/02). o East Tennessee Radio Group, L.P., Dalton, GA. $5,000 NAL. Other violation: 47 C.F.R. 17.57 (Report of Radio Transmitting Antenna Construction, Alteration and/or Removal). Atlanta, GA District Office (6/27/02). 47 C.F.R. 17.21 Painting and Lighting, When Required o United States Cellular Corporation, Chicago, IL, owner of Antenna Structure No. 1233307 near Ellsworth, Iowa. $10,000 NAL. Other violation: 47 C.F.R. 17.45 (Temporary Warning Lights). Kansas City, MO District Office (6/5/02). o Haviland Telephone Co., Inc., Haviland, KS. $10,000 NAL. Kansas City, MO District Office (6/13/02). o Morgan Tower, Inc., Cinnaminson, NJ.
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- C.F.R. 80.953 - Inspection and Certification KYS Inc., Sandusky, OH. $2,200 NAL. Detroit, MI District Office (12/31/01). NOTICES OF VIOLATION 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. 1.89 - Failure to Respond to Notice of Violation Larry Birch DBA Birches Communications, Mays Landing, NJ. Other violations: 47 C.F.R. 17.4(a) (Antenna Structure Registration Number) and 17.21 (Painting and Lighting, When Required). Philadelphia, PA District Office (12/21/01). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. 11.15 - EAS Operating Handbook KM Radio of Merced, LLC, Merced, CA (KBKY(FM)). Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.267 (Determining Operating Power), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by
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- structure as 222.5 feet, giving Concilio constructive knowledge of the actual height of the tower. Moreover, licensees are expected to know and comply with the Commission's rules. Sections 17.4 and 17.7 of the Rules require that antenna structures over 200 feet be registered. Section 17.4 requires ASR numbers to be posted on or near the base of the tower. Section 17.21 of the Rules requires that antenna structures over 200 feet be painted and lighted. It is also the licensee's responsibility to have accurate knowledge of its operations to apply the rules correctly. Further, although Concilio provides the results of an FAA study which concluded that the antenna structure would not exceed FAA obstruction standards and would not be a hazard
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- Corporation ) NAL/Acct. No. 20023256006 Ellsworth, Iowa ) FRN #000-437-322 MEMORANDUM OPINION AND ORDER Adopted: October 28, 2002 Released: October 31, 2002 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (``Order''), we cancel a ten thousand dollar ($10,000) Notice of Apparent Liability for Forfeiture (``NAL'') issued to United States Cellular Corporation (``USCC'') for apparently violating Sections 17.21 and 17.45 of the Commission's Rules (``Rules''). The alleged violations involved USCC's failure to light or paint its antenna structure number 1233307, located near Ellsworth, Iowa, and its failure to install temporary warning lights on the same structure during construction. 2. On June 5, 2002, the District Director of the Commission's Kansas City, Missouri Field Office issued the NAL to
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- instructions and by the deadline set forth in the NAL. Communications Act 47 U.S.C. 301 - Unauthorized Operation Nextel WIP License Corp., Eden Palehua Ridge, HI. $10,000 NAL. Honolulu, HI Resident Agent Office (9/30/02). 47 U.S.C. 303(q) - Antenna Structure Painting and Lighting Max Media of Montana, LLC, Great Falls, MT. $13,000 NAL. Other violations: 47 C.F.R. 17.21 (Painting and Lighting, When Required), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal). Seattle, WA District Office (9/27/02). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. 11.35 - Equipment Operational Readiness American Family Association, KAUF, Tupelo, MS. $9,000 NAL. Other violations: 47 C.F.R.
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- B&H Broadcasting Systems, Inc., Texarkana, AR. $3,000 NAL. Dallas, TX District Office (10/7/02). Piedmont Radio Co, WPID, Piedmont, AL. $10,000 NAL. Other violation: 47 C.F.R. 73.1125 (Station Main Studio Location). Atlanta, GA District Office (10/15/2002). Meade County Communications, Inc., WMMG-FM, Bradenburg, KY. $3,000 NAL. Chicago, IL District Office (10/18/02). Three Angels Corp., St. Thomas, USVI. $13,000 NAL. Other violation: 17.21 (Lighting and Painting Requirements, When Required). San Juan, PR Resident Agent Office (10/22/02). Grass Roots Broadcasting, LLC, WAMM, Woodstock, VA. $20,000 NAL. Other violations: 47 C.F.R. 17.50 (Cleaning and Repainting) and 73.1125 (Main Studio Location). Columbia, MD District Office (10/23/02). Good Radio Broadcasting Corporation, Allendale, SC. $3,000 NAL. Atlanta, GA District Office (10/25/02). 47 C.F.R. 17.4(g) - Posting of
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- 1061385). San Francisco, CA District Office (1/30/02). American Tower, L.P., Oroville, CA (ASR# 1202000). San Francisco, CA District Office (1/30/02). State of California, Oroville, CA (ASR# 1202233). San Francisco, CA District Office (1/30/02). 47 C.F.R. 17.6 - Responsibility of Commission Licensees and Permittees GTE Hawaiian Telephone Company, Inc., Irving, TX. Honolulu, HI Resident Agent Office (1/29/02). 47 C.F.R. 17.21 - Painting and Lighting, When Required Morgan Towers, Inc., Cinnaminson, NJ. Philadelphia, PA District Office (1/10/02). 47 C.F.R. 17.23 - Specifications for Painting and Lighting Antenna Structures AT&T Wireless Services, Inc., Center Township, PA. Philadelphia, PA District Office (1/13/02). 47 C.F.R. 17.48 - Notification of Extinguishment or Improper Functioning of Lights Wisconsin RSA No. 8 Limited Partnership, Barlington,
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- Metro Communications, Inc., Radio Station WWCA, Gary, IN. Other violation: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notice of Extinguishment or Improper Functioning of Lights) and 73.1125 (Main Studio Location). Chicago, IL District Office (2/12/02). Jordan Realty, Pottsville, PA. Other violation: 47 C.F.R. 17.7 (Antenna Structures Requiring notification to the FAA) and 17.21 (Painting and Lighting, When Required). Philadelphia, PA District Office (2/14/02). Meade County Communications Inc., WMMG, Brandenburg, KY. Chicago, IL District Office (2/26/02). Indian River County Board of Commissioners, Vero Beach, FL. Tampa, FL District Office (2/27/02). Kokosing Construction Company, Inc., Fredericktown, OH. Other violations: 47 C.F.R. 17.21 (Painting and Lighting, When Required) and 17.50 (Cleaning and Repainting). Detroit, MI
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- Inc., Antenna Structure #1019051, King George, VA. Columbia, MD District Office (3/29/02). Washington DC MSSA LTD Partnership, d.b.a. Bell Atlantic Nynex Mobile, Antenna Structure #1037981, Office Hall, VA. Columbia, MD District Office (3/29/02). 47 C.F.R. 17.6 - Responsibility of Commission Licensees and Permittees Gold Coast Broadcasting Company, Santa Monica, CA. Los Angeles, CA District Office (3/6/02). 47 C.F.R. 17.21 - Painting and Lighting, When Required Time Warner Entertainment, Advance Newhouse Partnership, Maitland, FL. Tampa, FL District Office (3/8/02). Pinnacle Towers, Inc., Sarasota, FL. Tampa, FL District Office (3/25/02). 47 C.F.R. 17.22 - Particular Specifications to be Used Matanuska Kenai Inc., DBA Cellular Connection, Wasilla, AK. Anchorage, AK Resident Agent Office (3/12/02). 47 C.F.R. 17.48 - Notification of
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- at 12444 Powerscout Drive, Suite 100, St. Louis, Missouri 63131; and to Bresnan Telecommunications Company LLC at 12444 Powerscout Drive, Suite 100, St. Louis, Missouri 63131 and at 709 Westchester Avenue, White Plains, New York 10604. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 C.F.R. 17.1 et seq. 47 C.F.R. 17.4(g) and 17.57. 47 C.F.R. 17.21. 47 C.F.R. 17.4. Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 47 C.F.R. 17.47. 47 C.F.R. 17.56. 47 C.F.R. 17.48.
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- Bur. 2002) 47 C.F.R. 17.4(g). 47 C.F.R. 17.51 and 17.57. Gomez is the former licensee of WRSJ(AM). The license was assigned to Concilio on December 4, 1996. Antenna structures whose overall height above the ground is less than 200 feet are not subject to the Commission's registration, lighting and marking requirements. See 47 C.F.R. 17.4, 17.7 and 17.21. Petition for Reconsideration, p. 2. 47 C.F.R. 1.80(b)(4), Note to Paragraph 4(b), Section I. Id. American Tower Corporation, 16 FCC Rcd 1282 (2001). 47 U.S.C. 405. 47 C.F.R. 1.106. 47 U.S.C. 504(a). See 47 C.F.R. 1.1914. Federal Communications Commission DA 03-1011 Federal Communications Commission DA 03-1011 $ $ 9 A
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- sent to: Chief, Revenue and Receivables Group, 445 12th Street, S.W., Washington, D.C. 20554. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to FBS Wireless Corporation, 114 Market Street, 2nd Floor, Berwick, PA 18603. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 C.F.R. 17.21(a). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232400007 (Enf. Bur., Philadelphia Office, released August 12, 2002). 47 U.S.C. 503(b). 47 C.F.R. 1.80. 47 U.S.C. 503(b)(2)(D). 47 C.F.R. 17.7(a). As provided by 47 U.S.C. 312(f)(2), a continuous violation is ``repeated'' if it continues for more than one day. The Conference Report for Section 312(f)(2) indicates
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- (``Order''), we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800.00) to Max Media of Montana, LLC (``Max Media''), licensee of television Station KTGF, Great Falls, Montana, for willful and repeated violations of the antenna structure lighting and registration requirements of Section 303(q) of the Communications Act of 1934, as amended (the ``Act''), and Sections 17.21, 17.47(a)(2) and 17.57 of the Commission's Rules (``Rules''). On September 27, 2002, the Director of the Commission's Seattle, Washington District Office (``Seattle Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Max Media for a forfeiture in the amount of thirteen thousand dollars ($13,000.00). Max Media filed its response to the NAL on November 8, 2002, and supplemented
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- (``Order''), we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800.00) to Max Media of Montana, LLC (``Max Media''), licensee of television Station KTGF, Great Falls, Montana, for willful and repeated violations of the antenna structure lighting and registration requirements of Section 303(q) of the Communications Act of 1934, as amended (the ``Act''), and Sections 17.21, 17.47(a)(2) and 17.57 of the Commission's Rules (``Rules''). On September 27, 2002, the Director of the Commission's Seattle, Washington District Office (``Seattle Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Max Media for a forfeiture in the amount of thirteen thousand dollars ($13,000.00). Max Media filed its response to the NAL on November 8, 2002, and supplemented
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- ) ) ) ) File Number EB-02-KC-331 NAL/Acct. No. 200232560009 FRN 0005-0815-67 FORFEITURE ORDER Adopted: January 31, 2003 Released: February 4, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand five hundred dollars ($2,500) to Haviland Telephone Co., Inc., (``Haviland'') for willful violation of Section 17.21 of the Commission's Rules (``Rules''). The noted violation involves Haviland's failure to exhibit the prescribed painting. On June 13, 2002, the Commission's Kansas City, Kansas Field Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to Haviland for the noted violation. Haviland filed a response to the NAL
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- argued by Tower Properties. The Commission has consistently stressed that it expects full compliance with the antenna structure rules because of the potential danger to air navigation. Therefore, Tower Properties' failure to clean or repaint its antenna structure as often as necessary to maintain good visibility is a serious violation warranting a forfeiture assessment. 13. Tower Properties contends, citing Section 17.21(a) of the Rules, that in light of fact that some of the cables stop below 200 feet in height, no violation has occurred. Tower Properties argues the forfeiture should be dismissed or reduced because painting and lighting is only required for the potion of covered structures that exceeds 200 feet. We disagree. Section 17.21(a) states that where a tower exceeds
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- 23, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nineteen thousand six hundred dollars ($19,600) to Hoffman Communications, Incorporated (``HCI''), owner of antenna structure numbers 1040995, 1040996, and 1040997 in Chester, Virginia, and licensee of radio station WGGM(AM), for willful and repeated violations of Sections 73.49, 17.21, and 73.1745(a) of the Commission's Rules (``Rules''). Specifically, we find HCI liable for failing to maintain effective fencing around its antenna structures, for failing to install prescribed lighting, and for exceeding authorized nighttime power limits. On September 30, 2002, the Commission's Norfolk, Virginia Resident Agent Office (``Norfolk Office'') released a Notice of Apparent Liability for Forfeiture (``NAL'') to HCI for
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- Structure ) NAL/Acct. No. 200232400004 Registration # 1060096 ) Cinnaminson, New Jersey ) FRN 0006-3665-04 FORFEITURE ORDER Adopted: March 7, 2003 Released: March 11, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Morgan Tower, Inc. (``Morgan''), for willful violation of Section 17.21(a) of the Commission's Rules (``Rules''). The noted violation involves Morgan's failure to light and adequately paint the captioned antenna structure. On June 19, 2002, the Commission's Philadelphia, Pennsylvania, District Office (``Philadelphia Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Morgan for a forfeiture in the amount of ten thousand dollars ($10,000). Morgan filed its response to the
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- assigned painting and lighting requirements prior to July 1, 1996, must register the antenna structure prior to July 1, 1998. According to the Commission's records, WLTH's day antenna structure had been assigned painting and lighting requirements. WLTH concedes that its day antenna structure was not registered. We conclude that WLTH willfully and repeatedly violated Section 17.4(a) of the Rules. Section 17.21(a) of the Rules requires that antenna structures exceeding 200 feet in height AGL be painted and lighted. As indicated above, WLTH's day antenna structure exceeds 200 feet in height AGL and is required to have red obstruction lighting. Section 17.51(a) of the Rules requires that the red obstruction lighting be exhibited between sunset and sunrise. On March 5 and 6,
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- FRN 0007-4419-26 FORFEITURE ORDER Adopted: March 15, 2004 Released: March 17, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Three Angels Corporation (``Three Angels''), licensee of station WGOD-FM, St. Thomas, Virgin Islands, for willful and repeated violation of Sections 17.4(a) and 17.21(a) of the Commission's Rules (``Rules''). The noted violations involve Three Angels' failure to register and paint the antenna structure for station WGOD-FM. On October 22, 2002, the Commission's San Juan, Puerto Rico, Resident Agent Office (``San Juan Office'') released a Notice of Apparent Liability for Forfeiture (``NAL'') to Three Angels for a forfeiture in the amount of thirteen thousand dollars
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- sent to: Chief, Revenue and Receivables Group, 445 12th Street, S.W., Washington, D.C. 20554. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Westshore Broadcasting, Inc., 311 112th Avenue, N.E., St. Petersburg, Florida 33716. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 C.F.R. 17.21(a), 17.57 and 73.49. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232700005 (Enf. Bur., Tampa Office, released November 1, 2002). Section 17.48(a) of the Rules, 47 C.F.R. 17.48(a), requires tower owners to immediately report lighting outages that cannot be corrected within 30 minutes to the FAA. When the FAA receives a report of a lighting outage, it issues a
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- ) File Number EB-05-TP-053 NAL/Acct. No.200532700006 FRN 0003782802 FORFEITURE ORDER Adopted: June 17, 2005 Released: June 21, 2005 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Mega Communications of St. Petersburg Licensee, L.L.C. (``Mega Communications'') for willful violation of Section 17.21 of the Commission's Rules (``Rules''). The noted violation involves Mega Communications' failure to comply with prescribed antenna structure painting and lighting specifications. 2. On April 11, 2005, the District Director of the Commission's Tampa Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mega Communications. Mega Communications has not filed
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- the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Lotus Communications Corporation ("Lotus"), registrant of antenna structure # 1015922, in Los Angeles, California, for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules"). On September 29, 2004, the Commission's Los Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 against Lotus after determining that Lotus had repeatedly failed to comply with the antenna structure lighting, monitoring and notification requirements specified for antenna structure # 1015922. Such failure
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- filed on August 30, 2005, by Lotus Communications Corporation (``Lotus'') registrant of antenna structure # 1015922, in Los Angeles, California. Lotus seeks reconsideration of the Forfeiture Order in which Lotus was found liable for a monetary forfeiture in the amount of $10,000 for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules"). As discussed below, we dismiss Lotus' Petition because it does not comply with the Act and the Rules, and is therefore procedurally defective. We also find that even if Lotus had timely filed its Petition, the Petition would fail on the merits. II. BACKGROUND On March 22, 2004, the Los Angeles
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- 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. 11. 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 17.21(a) of the Rules states antenna structures shall be painted and lighted when they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study. According to its ASR, antenna structure #1019247 is 62.1 meters in height and is assigned painting and lighting specifications. 12. Section 17.23 of the rules requires that registered antenna structures conform
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- Central Region Enforcement Bureau 47 C.F.R. 17.47(a). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932560001 (Enf. Bur., Kansas City Office, released October 31, 2008). 47 U.S.C. 503(b). 47 C.F.R. 1.80. 47 U.S.C. 503(b)(2)(E). Antenna structures are required to be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. 17.21. Antenna structure owners are required to inspect at intervals not to exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated with the antenna structure lighting to insure that such apparatus is functioning properly. See 47 C.F.R. 17.47(b). Antenna structure owners are required to maintain a record of any observed or otherwise known extinguishment or
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- First Class and Certified Mail Return Receipt Requested to International Broadcasting Corporation at its address of record and to its counsel, Richard F. Swift, Irwin, Campbell & Tannenwald, 1730 Rhode Island Avenue NW, Suite 200, Washington DC, 20036-3101. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. 17.50, 17.57. See 47 C.F.R. 17.21. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832680001 (Enf. Bur., San Juan Office, November 13, 2007) (``NAL''). 47 U.S.C. 503(b). 47 C.F.R. 1.80. 47 U.S.C. 503(b)(2)(D). Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful,' ...
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- to CRC. On September 29, 2005, CRC sent a supplemental reply to the LOI stating that a new lighting system and alarm system had been purchased and would soon be installed on antenna structure #1019247. 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 17.21(a) of the Rules states antenna structures shall be painted and lighted when they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study. According to its ASR, antenna structure #1019247 is 62.1 meters in height and is assigned painting and lighting specifications by the FAA. Section 17.23 of the Rules requires that registered antenna
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- of record and to its counsel, Todd A. Steiner, Law Offices of Putbrese, Hunsaker & Trent, P.C., 200 South Church Street, Woodstock, VA 22664. FEDERAL COMMUNICATIONS COMMISSION Priya Shrinivasan Assistant Chief, Enforcement Bureau Rama Communications, Inc., Forfeiture Order, 23 FCC Rcd 17820 (Enf. Bur. South Central Region, 2008) (``Forfeiture Order''). 47 C.F.R. 17.50, 73.49, 73.1745(a), 73.3526. Pursuant to Section 17.21 of the Rules, antenna structures shall be painted and lighted when they exceed 60.96 meters in height above ground. 47 C.F.R. 17.21. Antenna structure numbers 1045401 and 1045403 are 88.7 meters in height above ground. Rama Communications, Inc., Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932700002 (Enf. Bur., Tampa Office, October 16, 2008) (``NAL''). 47 U.S.C. 503(b).
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- National Weather Service personnel to activate the EAS for state and local emergency alerts. The state plans include the EAS header codes and messages to be transmitted by the primary state, local and relay EAS sources. 47 C.F.R. 11.35(a). Antenna structures must be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. 17.21. 47 C.F.R. 73.3526(a)(2). 47 C.F.R. 73.3526(b). 47 C.F.R. 73.3526(c). 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''), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. 1.80. 47 U.S.C. 503(b)(2)(E). On April 16, 1997,
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- 11, 2010 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Verizon Wireless (VAW) LLC (``Verizon''), owner of an antenna structure located at 2128 Reed Creek Road, in Hartwell, GA for willful and repeated violation of Sections 17.4(a) and 17.21(a) of the Commission's Rules (``Rules''). The noted violations involve Verizon's failure to register its antenna structure with the Commission and failure to paint and light its antenna structure. II. BACKGROUND On August 18, 2009, in response to a complaint of an unlit tower, agents from the Commission's Atlanta Field Office of the Enforcement Bureau (``Atlanta Office'') inspected an antenna structure
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- also certifies that eXConnect operations will conform to any future coordination agreements with operators of future satellites adjacent to Galaxy 17, and Panasonic has submitted a statement from an Intelsat representative certifying that Intelsat will include the technical parameters of the eXConnect system in future coordinations for as long as Panasonic has authority from the Commission to communicate via Galaxy 17.21Panasonic has also submitted a coordination letter endorsed by a representative of SES Americom in which Panasonic promised to terminate AES transmission immediately upon receiving notice from an affected party that the AES operation is causing unacceptable interference.22Further, Panasonic submitted a signed statement from another representative of SES Americom certifying that (1) SES Americom has received "detailed technical information regarding Panasonic's
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- Liability for Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Washington Gas Light, 6801 Industrial Road, Springfield, VA 22151. FEDERAL COMMUNICATIONS COMMISSION Salomon Satche District Director Columbia Office Northeast Region Enforcement Bureau 47 C.F.R. 17.47(a)(1), 17.48(a), 17.51(a) and 17.57. See Antenna Structure Registration Database, Registration Number 1035329. See also 47 C.F.R. 17.21 (generally requiring towers exceeding 200 feet in height to be painted and lit). At the time of the inspection, the agent also observed that the side lights at the one-quarter level, the side-lights at the three-quarter level, and the beacon at the one-half level were lit. Letter from Salomon Satche, District Director, Columbia Office, to Washington Gas Light, dated December
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- Receipt Requested, to Taylor Communications, Inc. at 302 Highway 7, South, Oxford, MS 38655 and to John C. Trent, its counsel at 200 South Church Street, Woodstock, VA 22664. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. 17.48(a), 73.3526. See Antenna Structure Registration Database, Registration Number 1038246. See also 47 C.F.R. 17.21 (generally requiring towers exceeding 200 feet in height to be painted and lit). Local sunset time was 7:15 p.m. CDT. Taylor Communications, Inc., Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932620003 (Enf. Bur., New Orleans Office, rel. Nov. 21, 2008) (``NAL'') (citing 47 C.F.R. 17.48(a), 73.3526(a)(2), 73.3526(c)(1)). Letter from Todd A. Steiner, Esq., Counsel for Taylor Communications, Inc., to
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- of Apparent Liability for Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Equity Communications LP at 8025 Black Horse Pike, Suite 100-102, West Atlantic City, New Jersey 08232. FEDERAL COMMUNICATIONS COMMISSION Gene Stanbro District Director Philadelphia Office Northeast Region Enforcement Bureau 47 U.S.C. 303(q). 47 U.S.C. 17.50(a), 73.49. Pursuant to section 17.21 of the Rules, antenna structures shall be painted and lit when they exceed 60.96 meters in height above ground. 47 C.F.R. 17.21. Antenna structure number 1046625 is 106 meters in height above ground. Section 73.49 of the Rules states that ``antenna towers having radio frequency potential at the base must be enclosed with effective locked fences or other enclosures.''
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- 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.'' 47 C.F.R. 17.47(a). See 47 C.F.R. 17.21 (stating that antenna structures are required to be painted and lighted when they exceed 60.96 meters in height above ground). Second LOI Response at 1. 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''), recon. denied, 15 FCC Rcd 303
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- 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.'' 47 U.S.C. 303(q). 47 C.F.R. 17.51(a). See 47 C.F.R. 17.21 (requiring antenna structures more than 200 feet in height to be painted and lighted). Andrews Tower requested the FAA contact number on July 15, 2010. See para. 3 supra. 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''), recon. denied,
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- '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.'' 47 U.S.C. 303(q). 47 C.F.R. 17.51(a). See Antenna Structure Registration database for antenna structure number 1018669. See also 47 C.F.R. 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). 47 C.F.R. 17.47(a). 47 C.F.R. 17.47(b) (allowing antenna structure owners to employ an automatic light monitoring system in lieu of daily observations). The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12
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- (1) has dismantled its antenna structure; (2) owns no other antenna structures; (3) has ceased operating its cable system in Yorktown, TX; and (4) owns no other cable systems, we will consider such evidence and take appropriate action. 47 C.F.R. 17.4(g), 17.48, 17.51(a), and 17.57. 2 See Antenna Structure Registration Database, Registration Number 1045666. See also 47 C.F.R. 17.21 (generally requiring towers exceeding 200 feet in height to be painted and lit). Letter from Thomas Kurien, owner of KFW Communications, Inc. dba Almega Cable, to Lee Browning, Resident Agent, Houston Office, dated January 27, 2010. RAMCO also confirmed that it acquired the antenna structure effective January 1, 2010 in a telephone conversation with Agent Browning on March 16, 2010.
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- 24.08 232633.47 244081.26 26109.1927768.4629121.7730597.36 21.53 20.20 586972.12 617899.75 29806.4131198.8232531.1334303.56 21.48 21.89 117040.77 123149.66 26578.7627509.0228856.9230412.58 24.79 21.62 33710.68 35677.39 28098.3330588.2932206.6334308.48 18.86 19.51 103857.77 109216.75 22163.6823009.5624369.4625789.08 30.41 31.29 57419.97 60782.76 20969.9621959.8623381.3725043.37 24.14 24.37 81603.55 84510.07 26652.8827626.9228798.5429801.14 21.44 20.72 54443.16 57177.83 21067.0122066.9123437.5826216.34 28.61 28.29 293826.39 311083.76 24155.0824640.5026355.6927793.20 24.74 24.64 72910.61 74938.19 18711.1019082.3820469.0120997.56 21.27 22.27 Federal Communications Commission DA 11-732 51787.06 52848.12 18832.6719469.9821053.3621436.79 16.85 17.21 142068.17 155305.17 33011.4633535.0935364.9738376.33 29.28 28.70 27060.54 27992.28 21730.1021912.4124392.0525181.97 18.84 18.43 180474.34 188681.64 16299.4716951.6117919.4918763.46 20.78 20.98 85326.52 88978.35 26000.4127712.3429790.7030841.72 28.80 29.39 17904.81 19284.68 15439.5915903.2116162.5017434.84 15.20 14.34 17915.65 18388.93 16944.2716801.9717919.2418412.87 15.97 15.21 11713.70 12340.42 11575.9211738.6012085.9412802.59 16.28 16.08 14366.57 14960.48 10757.1911128.7011433.8012025.14 15.79 16.44 17277.23 17956.83 10639.2910768.7011298.2111816.03 16.51 17.43 15970.06 16771.76 11325.9611491.2711875.4212531.20 16.34 16.87 10639.00 11311.49 33747.7034926.5735019.7636301.31 30.77 32.06 175315.33 193371.24 36434.2738577.7941146.1144382.76 32299.98 34655.37
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- emergency alerts. The state plans include the EAS header codes and messages to be transmitted by the primary state, local and relay EAS sources. 47 C.F.R. 11.35(a). See NAL at 15874-15875. NAL Response at 1. 47 C.F.R. 17.47(a). Antenna structures must be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. 17.21. NAL Response at 1-2. 47 C.F.R. 17.50. NAL Response at 2-3. Id. 47 C.F.R. 73.3526(a)(2). 47 C.F.R. 73.3526(b). 47 C.F.R. 73.3526(c). 47 C.F.R 73.3526(e)(12). NAL Response at 1. NAL Response at 1-3. Request for Reduction at 1. See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994) (finding attempts to comply with licensing requirements
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- 11.35(b). KM Radio did not order any replacement parts for its EAS equipment until after the inspection, so KM Radio cannot claim that its operations fell under this exception. See LOI Response at 1. See 47 U.S.C. 303(q). See 47 C.F.R. 17.51(a). See Antenna Structure Registration database for antenna structure number 1053693. See also 47 C.F.R. 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). See LOI Response at 2. See id. See also 47 C.F.R. 17.47(a) (requiring owners of antenna structures that are required to be lighted to make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic
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- 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. 47 U.S.C. 303(q). 47 C.F.R. 17.51(a). See Antenna Structure Registration database for antenna structure number 1050186. See also 47 C.F.R. 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). 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. 1.80. 47 U.S.C. 503(b)(2)(E). See infra
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- Return Receipt Requested, and regular mail, to Telava Wireless, Inc. at 353 Sacramento Street, Suite 1500, San Francisco, California 94111. FEDERAL COMMUNICATIONS COMMISSION James M. Roop District Director Chicago District Office Northeast Region Enforcement Bureau 47 U.S.C. 303(q). 47 C.F.R. 17.47 and 17.56(a). See Antenna Structure Registration Database for antenna structure number 1050174. See also 47 C.F.R. 17.21 (generally requiring towers exceeding 200 feet (60.96 meters) in height to be painted and lit). Letter from James M. Roop, District Director, Chicago Office, to Telava Wireless, Inc., dated January 4, 2011. Letter from Boaz Yung, Executive Vice President, Telava Wireless, Inc., to James M. Roop, District Director, Chicago Office, dated January 21, 2011, at 1. Id. Id. at 2.
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- both Certified Mail, Return Receipt Requested, and regular mail, to Classic Cable, Inc. dba Suddenlink Communications at 12444 Powerscourt Drive, Suite 140, St. Louis, MO 63131. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director Dallas Office South Central Region Enforcement Bureau 47 C.F.R. 17.50. See Antenna Structure Registration database for antenna structure number 1040644. See also 47 C.F.R. 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 1040644 must be painted consistent with FCC Paragraphs 1, 3, 4, 13, and 21. FCC Paragraph 1 requires antenna structure to be painted throughout their height with alternate bands of aviation surface orange
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- be sent by both Certified Mail, Return Receipt Requested, and regular mail, to James Cable, LLC at 38710 Woodward Avenue, Suite 180, Bloomfield Hills, MI 48304. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director Dallas Office South Central Region Enforcement Bureau 47 C.F.R. 17.50. See Antenna Structure Registration database for antenna structure number 1016806. See also 47 C.F.R. 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 1016806 must be painted 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
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- be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Mobile Phone of Texas, Inc. at P.O. Box 2247, Wichita Falls, TX 76307. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director Dallas Office South Central Region Enforcement Bureau 47 C.F.R. 17.50. See Antenna Structure Registration database for antenna structure number 1057231. See also 47 C.F.R. 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 1057231 must be painted 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
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- 17.48, 17.50, 17.51, 17.57. Although the Antenna Structures were no longer being used for the transmission of radio energy at the time of the inspection, North Chapel is required to maintain the painting and lighting requirements assigned to the Antenna Structures until the structures are dismantled. See 47 U.S.C. 303(q). See 47 U.S.C. 303(q). See 47 C.F.R. 17.21 (requiring all antenna structures more than 60.96 meters in height above ground to be painted and lighted). See also Antenna Structure Registration database for antenna structure number 1055591 and antenna structure registration number 1055594. See Antenna Structure Registration database for antenna structure number 1055590 and antenna structure number 1055593. See Williamson County Tennessee Property Assessor Database. On February 10, 2012,
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- 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. 47 U.S.C. 303(q). 47 C.F.R. 17.50. 47 C.F.R. 17.48(a). 47 C.F.R. 17.51(a). See 47 C.F.R. 17.21(a) (requiring antenna structures more than 60.96 meters in height above the ground to be painted and lighted). See also Antenna Structure Registration database for antenna structure number 1214169. 47 C.F.R. 17.57. 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
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- Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail to Martin Broadcasting, Inc. at P.O. Box 419, Baytown, Texas 77522-0419. FEDERAL COMMUNICATIONS COMMISSION Stephen P. Lee Resident Agent Houston Office South Central Region Enforcement Bureau 47 U.S.C. 303(q); 47 C.F.R. 17.47(a), 17.51(a). See 47 C.F.R. 17.21(a) (requiring antenna structures more than 60.96 meters in height above the ground to be painted and lighted). See also Antenna Structure Registration database for antenna structure number 1060813. Local sunset time was 5:16 p.m. Red obstruction lighting is required to be exhibited from sunset until sunrise. See 47 C.F.R. 17.51(a). A Notice to Airmen (NOTAM) had been issued for
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- of which is a ``Party.'' ``Rules'' means the Commission's regulations found in Title 47 of the Code of Federal Regulations. ``Tama'' means Tama Broadcasting Group of South Carolina, L.L.C. and Tama Group, L.L.C. II. BACKGROUND 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 17.21 of the Rules requires all antenna structures more than 200 feet in height above ground to be painted and lighted. Section 17.51(a) of the Rules requires all red obstruction lighting to be exhibited from sunset to sunrise unless otherwise specified. Section 17.48 of the Rules requires that owners of registered antenna structures that have been assigned lighting specifications report immediately
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- 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. 47 U.S.C. 303(q). 47 C.F.R. 17.51(a). 47 C.F.R. 17.48. See Antenna Structure Registration database for antenna structure number 1042309. See also 47 C.F.R. 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). 47 C.F.R. 73.1745(a). See supra note 2. 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.
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- 17/ (0.04)(10.88)(13.13) 4.01 (1.33) 3.56 14/ GTE North Inc. (Total IA+MN GTE) 17/ 9.97 13.69 13.16 26 GTE Midwest Inc. (Missouri - GTMO) 13.30 13.99 13.48 18.20 17.18 19.84 17.88 16.08 11.82 19.32 GTE Midwest Inc. (Nebraska - GTNE) 8.70 12.74 13.84 20.35 21.67 28.86 27.35 30.08 35.00 14/ 27 GTE North Inc. (Ohio - GTOH) 10.55 12.91 12.66 16.90 17.21 21.20 24.37 21.83 21.70 21.86 28 GTE North Inc. (Pennsylvania - GTPA) 12.82 12.42 11.72 14.81 14.02 18.91 20.62 14.67 21.41 22.06 29 GTE North Inc. (Wisconsin - GTWI) 10.43 13.00 13.85 13.65 13.96 17.99 18.75 16.08 17.85 17.04 30 GTE Northwest Inc. (Oregon - GTOR) 18/ 20/ 16.20 18.89 23.50 28.23 27.03 31.56 31.01 31 GTE Northwest Inc. (Washington-
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- Mr. Norman is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND Stan Norman is the owner of a tower in East Sparta, Ohio (located at north latitude 40 40' 17'', west longitude 081 23' 59''). The tower exceeds 200 feet in height, and must therefore be painted and illuminated in accordance with Section 17.21 of the Rules. On November 30, 1999, the Commission's Detroit Office of the Enforcement Bureau received information from the FCC's Technical and Public Safety Division (``TPSD'') alleging that this tower was not registered with the Commission, was ``in dire need of painting, and had only one top light working'', which was not flashing as required by the Rules. This information
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- LIABILITY FOR FORFEITURE Released: October 22, 2002 By the Enforcement Bureau, San Juan Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Three Angels Corporation (``Three Angels''), owner of antenna structure no. 1235917, apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Sections 17.4(a) and 17.21(a) of the Commission's Rules (``Rules''). Specifically, we find Three Angels apparently liable for failing to register its antenna structure with the Commission and for failing to paint its antenna structure. II. BACKGROUND On or about August 28, 2000, Three Angels constructed the antenna supporting structure 1235917 located at 22A Estate Dorothea, St. Thomas, U.S. Virgin Islands. This structure is used
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- ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to John W. Ashley DBA: Ashley Communications, 1301 N Wheeler Street, Plant City, Florida 33566. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director, Tampa Office Enforcement Bureau Attachment 47 C.F.R 17.50. See 47 C.F.R. 17.6(a). See 47 C.F.R. 17.21, 17.22, and 17.23. Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to
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- in the station log. See 47 C.F.R. 11.55(c)(7) and 11.61(b). See 47 C.F.R. 11.35(a). A broadcast station may operate for 60 days pending repair or replacement of defective EAS equipment, but entries must be made in the station logs showing when the equipment was removed and restored to service. See 47 C.F.R. 11.35(b). See 47 C.F.R. 17.21(a). Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- 418-0990. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to Leon's Radio, Inc., PO Box 94748, Oklahoma City, Oklahoma 73143. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director, Dallas Office, Enforcement Bureau Attachment 47 C.F.R. 17.50. See 47 C.F.R. 17.6(a). See 47 C.F.R. 17.21(a). Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- agents from the Detroit Office conducted an inspection of the antenna structure located at the junction of Hwy. M77 and Hwy. M28 Seney, Michigan, Antenna Structure Registration Number (``ASR'') 1013927, (located at north latitude 46 20' 36'', west longitude 085 57' 38''). The tower exceeds 200 feet in height and must, therefore, be painted and illuminated in accordance with Section 17.21 of the Rules. The agents observed that the top obstruction light was not on or flashing. The FCC agents returned on August 1, 2002 to the tower site and again observed that the top obstruction light was not on or flashing. On August 6, 2002, an FCC agent placed a telephone call to the FAA Flight Service Station in Lansing,
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- to mean simply that the acts or omissions are committed knowingly. The term ``repeated'' means the commission or omission of such act more than once or for more than one day. The Commission's antenna structure construction, marking and lighting requirements operate in concert with FAA regulations to ensure that antenna structures do not present hazards to air navigation. Generally, Sections 17.21 and 17.23 of the Rules require owners of antenna structures located close to airports or that are greater than 200 feet in height to comply with prescribed painting and lighting specifications designed to ensure air safety. Because of the substantial public safety issues involved, Section 17.47 of the Rules further requires antenna structure owners to monitor lights daily or install
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- ) ) ) ) File Number EB-02-KC-284 NAL/Acct. No.20023256006 FRN 000-437-322 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 5, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that United States Cellular Corporation (``US Cellular''), owner of antenna structure number 1233307 located near Ellsworth, Iowa, willfully violated Sections 17.21 and 17.45 of the Commission's Rules (``Rules''), by failing to light or paint its antenna structure and failing to install temporary warning lights on its antenna structure during construction. We find United States Cellular Corporation apparently liable for forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND On April 23, 2002, an agent from the FCC Enforcement Bureau's
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- September 27, 2002 By the District Director, Seattle Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Max Media of Montana, LLC (``Max Media''), registered owner of antenna structure number 1051225 in Great Falls, Montana, has apparently willfully violated Section 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 17.21, 17.47(a)(2) and 17.57 of the Commission's Rules (``Rules'') by failing to exhibit the prescribed antenna structure lighting, failing to properly maintain an operating automatic alarm system to indicate when the structure lighting is not operating, and failing to notify the Federal Communications Commission (``FCC'') of the change of ownership of the antenna structure. We conclude, pursuant to Section 503(b) of
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- FORFEITURE Released: September 30, 2002 By the Enforcement Bureau, Norfolk Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Hoffman Communications, Incorporated (``HCI''), licensee of AM Station WGGM and owner of the cited antenna structures, apparently liable for a forfeiture in the amount of twenty-one-thousand dollars ($21,000) for willful and repeated violations of Sections 73.49, 17.21 and 73.1745(a) of the Commission's Rules (``Rules''). Specifically, we find HCI apparently liable for failing to maintain effective fencing around its antenna structures (``towers''), for failing to install prescribed lighting, and for exceeding authorized nighttime power limits. II. BACKGROUND HCI has a license for WGGM to broadcast with 10.5 and 1.08 kilowatts during the day and night, respectively, on 0.820
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- THAT a copy of this Notice of Apparent Liability shall be sent by regular mail and Certified Mail Return Receipt Requested to Pinnacle Towers, Inc., 301 N. Cattlemen Road, 3rd Floor, Sarasota, FL 34232. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director - Tampa Office Enforcement Bureau 47 C.F.R 17.50. See 47 C.F.R. 17.6(a). See 47 C.F.R. 17.21, 17.22, and 17.23. Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to
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- ) ) ) ) ) File Number EB-02-KC-331 NAL/Acct. No.200232560009 FRN 0005-0815-67 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 13, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Haviland Telephone Co., Inc. (``Haviland''), owner of antenna structure number 1033509 at Haviland, Kansas, willfully violated Section 17.21 of the Commission's Rules (``Rules''), by failing to exhibit the prescribed painting. We find Haviland apparently liable for forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On May 16, 2002, an agent of the FCC's Kansas City Field Office inspected Haviland's antenna structure number 1033509 in Haviland, Kansas. The structure's height was 122 meters (400 feet),
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- of ) File No. EB-01-PA-331 ) Morgan Tower Inc. ) NAL/Acct. No. 200232400004 Cinnaminson, New Jersey ) ) FRN #. 0006-3665-04 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 19, 2002 By the District Director, Philadelphia Office, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Morgan Tower Inc. (``Morgan'') has apparently violated Section 17.21(a) of the Commission's Rules (``the ``Rules'') by failing to paint and light an antenna structure. We conclude that Morgan is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On November 29, 2001, Agent Trenton Williams of the Philadelphia Office performed a routine inspection of, the antenna structure, Antenna Structure Registration (``ASR'') number
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- THAT a copy of this Notice of Apparent Liability shall be sent by regular mail and Certified Mail Return Receipt Requested to Tower Properties of Florida Inc., 4190 NW 93rd Avenue, Gainesville Florida 32653. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director - Tampa Office Enforcement Bureau 47 C.F.R 17.50. See 47 C.F.R. 17.6(a). See 47 C.F.R. 17.21, 17.22, and 17.23. Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to
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- ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to John W. Ashley DBA: Ashley Communications, 1301 N Wheeler Street, Plant City, Florida 33566. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director, Tampa Office Enforcement Bureau Attachment 47 C.F.R 17.50. See 47 C.F.R. 17.6(a). See 47 C.F.R. 17.21, 17.22, and 17.23. Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to
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- it is readily visible near the base of the antenna structure. Material used to display the Antenna Structure Registration Number must be weather resistant and of sufficient size to be easily seen at the base of the antenna structure." During the inspection, the agent observed that the Antenna Structure Registration Numbers were not posted, for towers #1-4. 47 C.F.R. 17.21(a): `` Antenna structures shall be painted and lighted when:(a) They exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.'' During the inspection, the agent observed the red beacon and side lights on tower number three (ASR # 1028755) were out. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and
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- 4387 (1991). Section 312(f)(2) of the Act, 47 U.S.C. 312(f)(2), which also applies to Section 503(b), provides: "[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." 47 C.F.R. 17.21. 47 C.F.R. 17.4. Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). Subsequent to the expiration of the filing period, the Commission staff issued
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- (202) 418-0990. 14. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail, Return Receipt Requested, to Exosphere Broadcasting, LLC, 567 Lewis Point Extension, Saint Augustine, Florida 32086. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director 47 C.F.R. 17.50 and 17.51. See 47 C.F.R. 17.6(a). See 47 C.F.R. 17.21, 17.22, and 17.23. Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). The 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
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- 4387 (1991). Section 312(f)(2) of the Act, 47 U.S.C. 312(f)(2), which also applies to Section 503(b), provides: "[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." 47 C.F.R. 17.21. 47 C.F.R. 17.4. Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). Subsequent to the expiration of the filing period, the Commission staff issued
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- FORFEITURE Released: September 29, 2004 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Lotus Communications Corporation ("Lotus"), registrant of antenna structure # 1015922, in Los Angeles, California, apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules") by failing to comply with the antenna structure lighting, monitoring and notification requirements specified for antenna structure # 1015922. We conclude, pursuant to Section 503(b) of the Act, that Lotus is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On March 22, 2004, the Los
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- was assigned painting and lighting requirements by the FAA in 1975, so registration was required by 1998. Searches of the Commission's ASR database on June 22, 2004 and on December 2, 2004 found no evidence of a registration for the tower at issue here. We therefore find that Source apparently willfully and repeatedly violated Section 17.4(a) of the Rules. Section 17.21 provides that antenna structures above 200 feet shall be painted and lighted. As noted above, Source's antenna structure is above 200 feet. Section 17.51 of the Rules requires that (a) all red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified and (b) all high intensity and medium intensity obstruction lighting shall be exhibited continuously unless otherwise
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- April 06, 2005 By the District Director, Los Angeles District Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that AMFM Ohio, Inc. ("AMFM Ohio"), registrant of antenna structure # 1014752, in San Bernardino, California, apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("the Act"), and Sections 17.21(a), 17.47 and 17.48 of the Commission's Rules ("Rules") by failing to comply with the antenna lighting, monitoring and notification requirements specified for antenna structure # 1014752. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that AMFM Ohio is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On
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- District Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Mega Communications of St. Petersburg Licensee, L.L.C. (``Mega Communications''), owner of antenna structures #1040052, 1040053, and 1040054 in Largo, Florida, apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.21 of the Commission's Rules (``Rules''). Specifically, we find Mega Communications apparently liable for failing to comply with prescribed antenna structure painting and lighting specifications. II. BACKGROUND On January 18, 2005, in response to a public safety inquiry, an agent from the Commission's Tampa Field Office of the Enforcement Bureau (``Tampa Office'') contacted Mega Communications, the registered owner of Antenna Structures
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- Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Chinook Concert Broadcasters, Inc., registrant of antenna structure #1242128. On March 17, 2005, an agent of the Commission's Anchorage Resident Agent Office inspected antenna structure #1242128 located at 3601 C Street, Anchorage, Alaska, and observed the following violation: 47 C.F.R. Section 17.21(a): ``Antenna structures shall be painted and lighted when: (a) They exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.'' The antenna structure registration for antenna structure #1242128 requires lighting as specified by FCC Paragraph 2. FCC Paragraph 2 states that ``[t]here shall be installed at the top of the tower at least two
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- once or for more than one day. 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. Part 17 of the Rules is designed to promote air safety, by prescribing regulations for antenna structures that constitute or that potentially constitute "a menace to air navigation." Section 17.21(a) of the Rules states antenna structures shall be painted and lighted when they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study. Although antenna structure #1240108 is 60.6 meters in height, it has been assigned painting and lighting specifications. Section 17.50 of the Commission's Rules states that antenna structures requiring painting shall be
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- has been interpreted to mean simply that the acts or omissions are committed knowingly. The term "repeated" means the commission or omission of such act more than once or for more than one day. 10. 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 17.21(a) of the Rules states antenna structures shall be painted and lighted when they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study. Antenna structure #1019247 is 62.1 meters in height and is assigned painting and lighting specifications. 11. Section 17.23 of the rules requires that registered antenna structures conform to the mandatory FAA
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- This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Detroit Public Schools, registrant of antenna structure # 1019984 in Detroit, Michigan. On January 6, 2006, an agent of the Commission's Detroit Office inspected antenna structure # 1019984 located at 5057 Woodward Avenue, Detroit, Michigan, and observed the following violation: 47 C.F.R. 17.21: ``Antenna structures shall be painted and lighted when. . . [t]hey exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.'' The Detroit Public School's antenna structure is 465 feet and the FCC's ASR database specifies painting and lighting specifications for antenna structure #1019984 in accordance with FCC Paragraphs A2 and H. FCC Paragraph
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- is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Michigan Bell Telephone Company, registrant of antenna structure # 1006477 in Southfield, Michigan. On August 22, 2006, an agent of the Commission's Detroit Office inspected antenna structure # 1006477 located at 25189 Lahser Road, Southfield, Michigan, and observed the following violation: 47 C.F.R. 17.21: ``Antenna structures shall be painted and lighted when. . . [t]hey exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.'' Michigan Bell Telephone Company's antenna structure is 362 feet and the FCC's ASR database specifies painting and lighting specifications for antenna structure #1006477 in accordance with FCC Paragraphs 1, 3, 12 and 21.
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- pursuant to Section 1.89 of the Commission's Rules, to Press Communications, LLC (``Press''), antenna structure registrant for antenna structure # 1237893. On June 27, 2006, an agent of the Commission's New York Office inspected antenna structure # 1237893 located at 2355 West Bangs Avenue (South 1 of 2 towers), Neptune, New Jersey and observed the following violations: 47 C.F.R. 17.21: ``Antenna structures shall be painted and lighted when: (a) They exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.'' According to the Antenna Structure Registration (``ASR'') for antenna structure number 1237893, the structure measures 240.57 feet and the structure is required to have painting and lighting in accordance with FCC Paragraphs 1, 3,
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- This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Wayne State University, owner of antenna structure # 1019984 in Detroit, Michigan. On January 6, 2006, an agent of the Commission's Detroit Office inspected antenna structure # 1019984 located at 5057 Woodward Avenue, Detroit, Michigan, and observed the following violation: 47 C.F.R. 17.21: ``Antenna structures shall be painted and lighted when. . . [t]hey exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.'' The Wayne State University antenna structure is 465 feet and the FCC's ASR database specifies painting and lighting specifications for antenna structure #1019984 in accordance with FCC Paragraphs A2 and H. FCC Paragraph
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- official action towards registering the structure. Therefore, this violation was willful. 8. 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 antenna structures requiring painting to be cleaned or repainted as often as necessary to maintain good visibility. Section 17.21 of the Rules requires antenna structures exceeding 200 feet in height above ground level to be painted. Additionally, the KTRY-FM station license specifies painting and lighting requirements for Patrick's antenna structure associated with the station. Therefore, Patrick's antenna structure requires painting. From at least July 2001 until June 16, 2006, Patrick failed to maintain good visibility of its antenna structure.
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- sent by Certified Mail, Return Receipt Requested, and regular mail, to Comcast of Washington/Oregon, 1500 Market Street, 35th Floor, Philadelphia, PA 19102. FEDERAL COMMUNICATIONS COMMISSION Binh Nguyen Resident Agent Portland Resident Agent Office Western Region Enforcement Bureau 47 U.S.C. 303(q). 47 C.F.R. 17.23. 47 C.F.R. 17.47(a). 47 C.F.R. 17.48. 47 U.S.C. 503(b). 47 C.F.R. 17.21. See FAA Advisory Circular Number 70/7460-1J, Chapters 4, 5, and 13. Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission
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- FORFEITURE Released: March 9, 2007 By the District Director, New York Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that NBTY, Inc. ("NBTY''), owner of antenna structure 1064367 located in Bohemia, New York, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.21(a) and 17.23 of the Commission's Rules ("Rules") by failing to paint its tower aviation orange and white as required by the Antenna Structure Registration (ASR) and specified on the tower's FAA determination of ``no hazard.'' We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that NBTY is apparently liable for a forfeiture in the
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- Northeast Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to County of Suffolk, owner of antenna structure 1018616. On August 2, 2007, an agent of the Commission's New York Office inspected antenna structure, ASR # 1018616, located in Melville, New York, and observed the following violation: 47 C.F.R. 17.21: ``Antenna structures shall be painted and lighted when. . . [t]hey exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.'' The County of Suffolk antenna structure is 76.2 meters. The ASR for structure number 1018616 indicates that the tower requires painting and lighting in accordance with FCC Paragraphs 1, 3, 11, and 21.
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- that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to International Broadcasting Corporation at its address of record. FEDERAL COMMUNICATIONS COMMISSION William Berry Resident Agent, San Juan Office South Central Region Enforcement Bureau 47 C.F.R. 17.50, 17.57. 47 U.S.C. 503(b). See 47 C.F.R. 17.21. Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- pursuant to Section 1.89 of the Commission's Rules, to Tanana Valley State Fair Association, registered owner of antenna structure number 1005017, located on College Road, Fairbanks, AK. On September 11, 2007, an agent of the Enforcement Bureau's Anchorage Resident Agent Office performed a nighttime inspection of the tower structure identified above. The agent observed the following violation: 47 C.F.R. 17.21: ``Antenna structures shall be painted and lighted when . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they require special aeronautical study.'' The antenna structure registration for antenna structure number 1005017 requires that the structure comply with FCC paragraphs 1, 3, 12, and 21. FCC Paragraph 12 states ``[o]n levels at approximately two-thirds and one-third
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- pursuant to Section 1.89 of the Commission's Rules, to Fairbanks Golf & Country Club, registrant of antenna structure number 1003454, located on Farmers Loop Road, Fairbanks, Alaska. On September 11, 2007, an agent of the Enforcement Bureau's Anchorage Resident Agent Office performed a nighttime inspection of the tower structure identified above. The agent observed the following violation: 47 C.F.R. 17.21: ``Antenna structures shall be painted and lighted when . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they require special aeronautical study.'' The antenna structure registration for antenna structure number 1003454 requires that the structure comply with FCC paragraphs 1, 3, 12, and 21. FCC Paragraph 12 states ``[o]n levels at approximately two-thirds and one-third
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- Service Administrative Company (USAC). Table 2.11 Link Up Assistance Annual Payments by State or Jurisdictio n 2 - 48 Lifeline per Month Link Up per Connection State or Jurisdiction Non- Non- Non- Non- Non- Non- Tribal Tribal Tribal Tribal Tribal TribalTribalTribalTribalTribalTribalTribal Alabama $9.88 $4.42 $9.87 $5.42 $9.96 $5.43 $18.79 - 18.08 - 19.82 - Alaska 10.28 7.70 10.60 12.95 10.68 17.21 17.01 21.71 - 18.75 38.63 18.52 American Samoa 8.20 - 8.25 - 8.25 - 67.50 - 30.00 - 30.00 - Arizona 9.63 21.96 9.57 21.81 9.53 21.94 22.37 19.94 23.02 19.20 21.07 19.53 Arkansas 7.86 - 7.80 3.92 8.08 4.54 18.83 - 20.66 - 21.69 - California 7.89 5.08 7.63 5.32 7.74 5.48 17.13 7.00 18.08 9.56 18.06 30.00 Colorado
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- Service Administrative Company (USAC). Table 2.11 Link Up Assistance Annual Payments by State or Jurisdictio n 2 - 48 Lifeline per Month Link Up per Connection State or Jurisdiction Non- Non- Non- Non- Non- Non- Tribal Tribal Tribal Tribal Tribal TribalTribalTribalTribalTribalTribalTribal Alabama $9.88 $4.42 $9.87 $5.42 $9.96 $5.43 $18.79 - 18.08 - 19.82 - Alaska 10.28 7.70 10.60 12.95 10.68 17.21 17.01 21.71 - 18.75 38.63 18.52 American Samoa 8.20 - 8.25 - 8.25 - 67.50 - 30.00 - 30.00 - Arizona 9.63 21.96 9.57 21.81 9.53 21.94 22.37 19.94 23.02 19.20 21.07 19.53 Arkansas 7.86 - 7.80 3.92 8.08 4.54 18.83 - 20.66 - 21.69 - California 7.89 5.08 7.63 5.32 7.74 5.48 17.13 7.00 18.08 9.56 18.06 30.00 Colorado
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- File Number EB-08-HU-0024 NAL/Acct. No. 200832540002 FRN: 0001539048 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 14, 2008 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Union Pacific Railroad Company (``Union Pacific''), owner of antenna structure #1065191 in Giddings, Texas, apparently repeatedly violated Section 17.21(a) of the Commission's Rules (``Rules'') by failing to paint and light its antenna structure. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Union Pacific is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On February 20, 2008, a resident agent from the Commission's Houston Office of
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- change in structure height or change in ownership information.'' According to the FCC's Antenna Structure Registration (``ASR'') database, ASR Number 1257840 still shows ``granted'' status and does not show the construction date. In order to come into compliance with the Commission's rules, Multicultural should file FCC Form 854 notifying the Commission that the tower has been constructed. 47 C.F.R. 17.21: ``Antenna structures shall be painted and lighted when . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they require special aeronautical study.'' The ASRs for antenna structure numbers 1040101 and 1040103 require that the structures comply with FCC paragraphs 1, 3, 11, and 21. FCC Paragraph 3 states that ``there shall be installed at the
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- 15, 2008, agents of the Enforcement Bureau's San Francisco Office made nighttime observations of antenna structure number 1050214 and noted that the side lights were not lit and the top beacon was only flashing two to three times per minute. On May 16, 2008, the agents inspected antenna structure number 1050214 and observed the following violations: a. 47 C.F.R. 17.21: ``Antenna structures shall be painted and lighted when:(a) They exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.'' The painting and lighting specification for antenna structure number 1050214 are listed as FCC Paragraphs 1, 3, 11, 21. FCC Paragraph 3 requires that the top beacon flash not more than 40 flashes per minute
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- Office Switches and Access Lines by Technology (Bell Operating Companies) with updates and revisions contained in the ARMIS database (ARMIS 43-07 Report) for the most recent five years. Totals may be understated Notes: Because of different sources, the data for 1989 and earlier years may not be consistent with the data for 1990 and later years. 17 - 5 Table 17.21 Switches by Metropolitan Statistical Area (MSA) and Non-MSA Year Total SwitchesTotal SwitchesTotal SwitchesSwitches withSwitches withSwitches withSwitches withSwitches with MSA Non-MSA MSA and Under 1,000 1,000 - 4,999 5,000 - 9,99910,000 - 19,99920,000 or More Non-MSA2 Lines Lines Lines Lines Lines 1997 9,138 7,199 16,337 4,476 5,843 1,786 1,518 2,714 1998 9,011 7,492 16,503 4,374 6,027 1,821 1,527 2,754 1999 9,165
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- 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.'' 47 C.F.R. 17.47(a)(2). See 47 C.F.R. 17.21 (antenna structures shall be painted and lighted when they exceed 200 feet in height above the ground ore they require special aeronautical study). Section 17.48 of the Rules requires that the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications report immediately by telephone or telegraph to the nearest Flight Service Station
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- a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Rama Communications, Inc. at its address of record. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director Tampa Office South Central Region Enforcement Bureau 47 C.F.R. 17.50, 73.49, 73.1745(a), 73.3526. 47 U.S.C. 503(b). Pursuant to Section 17.21 of the Rules, antenna structures shall be painted and lighted when they exceed 60.96 meters in height above ground. 47 C.F.R. 17.21. Antenna structure #s 1045401 and 1045403 are 88.7 meters in height above ground. Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act,
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- 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.'' The antenna structure is 98 meters in height above ground. Antenna structures are required to be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. 17.21. American Tower Corporation, Notice of Apparent Liability, 16 FCC Rcd 1282 (2001). 47 U.S.C. 503(b)(2)(E). 47 U.S.C. 503(b), 47 C.F.R. 0.111, 0.311, 0.314, 1.80, 17.4 (g), 17.48(a) Federal Communications Commission Federal Communications Commission Z ;0 AE A Washington, D.C. 20554
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- 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.'' Antenna structures are required to be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. 17.21. Antenna structure owners are required to inspect at intervals not to exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated with the antenna structure lighting to insure that such apparatus is functioning properly. See 47 C.F.R. 17.47(b). Antenna structure owners are required to maintain a record of any observed or otherwise known extinguishment or
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- that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Perry Broadcasting Systems at its address of record. FEDERAL COMMUNICATIONS COMMISSION William Berry Resident Agent, San Juan Office South Central Region Enforcement Bureau 47 C.F.R. 17.50, 17.57. 47 U.S.C. 503(b). See 47 C.F.R. 17.21. The agent requested that the FAA issue a NOTAM at that time. Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or
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- of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to SBC Tower Holdings LLC, owner of antenna structure # 1003991 in Ballston, New York. On February 23, 2009, an agent of the Commission's New York Office inspected antenna structure # 1003991 located at 887 RT 67, Ballston, New York, and observed the following violation: 47 C.F.R. 17.21: ``Antenna structures shall be painted and lighted when . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they require special aeronautical study.'' The painting and lighting specifications for antenna structure number 1003991 require that the structure comply with FCC Chapters 4, 8, and 13 in accordance with FAA Circular Number 70/7460-1H. Chapter 5, paragraph 54,
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- observed the following violations: 47 C.F.R. 17.4(g): "The Antenna Structure Registration Number must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure." During the inspection, the agents observed that there was no antenna structure registration number posted at or near the base of the antenna structure. 47 C.F.R. 17.21: "Antenna structures shall be painted and lighted when . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they require special aeronautical study.'' The painting and lighting specifications for antenna structure # 1001101 require that the structure comply with FCC Paragraphs A1, B, C and H. Paragraph B requires light units located at the top of
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- OF APPARENT LIABILITY FOR FORFEITURE Released: September 18, 2009 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Verizon Wireless (VAW) LLC (``Verizon''), owner of an antenna structure located at 2128 Reed Creek Road, in Hartwell, GA, apparently willfully and repeatedly violated Sections 17.4(a) and 17.21(a) of the Commission's Rules (``Rules'') by failing to register its antenna structure with the Commission and failing to paint and light that antenna structure. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Verizon is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). BACKGROUND On August 18, 2009,
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- 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." 47 U.S.C. 303(q). AT&T Wireless Services, Inc., 17 FCC Rcd 7891, 7892 (2002). 47 C.F.R. 17.21. 47 C.F.R. 17.51(a). FCC Forms 715/715A, paragraphs 3, 12 and 21. 47 C.F.R. 17.6(a). 47 C.F.R. 17.47(a). 47 C.F.R. 17.48. 19 12 FCC Rcd 17087(1997), recon. denied 15 FCC Rcd 303 (1999). 20 47 U.S.C. 503(b)(2)(E). 21 47 U.S.C. 303(q), 503(b), 47 C.F.R. 0.111, 0.311, 1.80, 17.6, 17.47(a), 17.48, 17.51(a). See 47 C.F.R.
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- antenna structure #1060414 located in Glenwood Springs, Colorado, and observed the following violations: 47 C.F.R. 17.51(a): "All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified." At the time of inspection, two sidelights were extinguished at the one-third level and one sidelight was extinguished at the two-thirds level on antenna structure #1060414. 47 C.F.R. 17.21: "Antenna structures shall be painted and lighted when (a) They exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." The painting and lighting specifications for antenna structure #1060414 are listed as FCC paragraphs 1, 3, 11, and 21. Paragraph 11 requires that the structure have sidelights with at least two red obstruction lights
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- of the Accounting Requirements and ARMIS Reporting Requirements for Incumbent Local Exchange Carriers: Phase 2, et al., CC Docket Nos. 00-199, 99-301, 97-212, 80-286, Report and Order in CC Docket Nos. 00-199, 97- 212, and 80-286, Further Notice of Proposed Rulemaking in CC Docket Nos. 00-199, 99-301, and 80-286, 16 FCC Rcd 19911, 19770-72, paras. 161-165 17 - 5 Table 17.21 Switches by Metropolitan Statistical Area (MSA) and Non-MSA Year Total SwitchesTotal SwitchesTotal SwitchesSwitches withSwitches withSwitches withSwitches withSwitches with MSA Non-MSA MSA and Under 1,000 1,000 - 4,999 5,000 - 9,99910,000 - 19,99920,000 or More Non-MSA Lines Lines Lines Lines Lines 1996 8,711 7,426 16,137 4,594 5,758 1,770 1,431 2,584 1997 9,138 7,199 16,337 4,476 5,843 1,786 1,518 2,714 1998 9,011
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- 5.17 -2.12 270430 C ELIZABETH TEL CO -2.09 -4.09 2.08 -4.59 270431 C CENTURYTEL-NW LA -3.99 -4.85 0.90 -25.11 270432 C KAPLAN TEL CO -5.55 -8.87 3.64 -11.15 270433 C LAFOURCHE TEL CO -24.23 -8.57 -17.13 -100.00 270434 C CENTURYTEL-EVANGELIN -3.19 -3.75 0.57 -15.71 270435 C NORTHEAST LOUISIANA -2.34 -1.84 -0.51 -6.86 270436 C CENTURY NORTH LA -3.61 -4.53 0.97 -17.21 270438 C RESERVE TEL CO -7.41 -7.99 0.63 -100.00 270439 C CENTURYTEL-RINGGOLD -4.17 -5.37 1.26 -50.73 270440 C CENTURYTEL - EAST LA -1.45 -7.20 6.20 -5.35 270441 C STAR TEL CO -8.33 -7.24 -1.18 -14.17 270442 C CENTURYTEL-SW LA -3.19 -3.63 0.45 -12.69 TOTAL MAINE -10.13 -7.50 -2.85 11.51 100002 C OXFORD WEST TEL CO -0.53 -5.70 5.48 0.00 100003
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- 5.17 -2.12 270430 C ELIZABETH TEL CO -2.09 -4.09 2.08 -4.59 270431 C CENTURYTEL-NW LA -3.99 -4.85 0.90 -25.11 270432 C KAPLAN TEL CO -5.55 -8.87 3.64 -11.15 270433 C LAFOURCHE TEL CO -24.23 -8.57 -17.13 -100.00 270434 C CENTURYTEL-EVANGELIN -3.19 -3.75 0.57 -15.71 270435 C NORTHEAST LOUISIANA -2.34 -1.84 -0.51 -6.86 270436 C CENTURY NORTH LA -3.61 -4.53 0.97 -17.21 270438 C RESERVE TEL CO -7.41 -7.99 0.63 -100.00 270439 C CENTURYTEL-RINGGOLD -4.17 -5.37 1.26 -50.73 270440 C CENTURYTEL - EAST LA -1.45 -7.20 6.20 -5.35 270441 C STAR TEL CO -8.33 -7.24 -1.18 -14.17 270442 C CENTURYTEL-SW LA -3.19 -3.63 0.45 -12.69 TOTAL MAINE -10.13 -7.50 -2.85 11.51 100002 C OXFORD WEST TEL CO -0.53 -5.70 5.48 0.00 100003
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- ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Churchill County Telephone and Telegraph registrant of antenna structure #1012853 in Fallon, Nevada. On September 28, 2010, agents of the Enforcement Bureau's San Francisco Office inspected antenna structure #1012853 located approximately 0.5 mile southeast of Fallon Municipal Airport in Fallon, Nevada, and observed the following violation: 47 C.F.R. 17.21: ``Antenna structures shall be painted and lighted when: (a) they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.'' The FCC Antenna Structure Registration for antenna structure # 1012853 indicates painting and lighting in accordance with FCC Chapters 1 and 2. At the time of inspection, agents observed that the tower was not
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- (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Incorporated Village of Rockville Centre, owner of antenna structure 1270072 in Rockville Centre, New York. On March 31, 2011, an agent of the Commission's New York Office inspected antenna structure # 1270072 located at 142 Maple Avenue, Rockville Centre, New York, and observed the following violation: 47 C.F.R. 17.21: ``Antenna structures shall be painted and lighted when . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they require special aeronautical study.'' The lighting specifications for antenna structure number 1270072 require that the structure comply with FAA Chapters 4, 8, and 12 in accordance with FAA Circular Number 70/7460-1K. Chapter 8 of FAA Circular Number
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- 12 Mediacom 76% 9.13 10 TimeWarner 91% 9.56 12 Windstream 80% 10.24 10 Verizon (Fiber) 102% 10.45 12 Qwest 87% 11.10 12 AT&T 92% 11.98 12 Cox 100% 12.04 12 Charter 100% 12.13 12 Comcast 101% 13.13 15 TimeWarner 88% 13.60 15 Cox 91% 14.10 16 Comcast 88% 16.07 18 AT&T 89% 16.29 18 Charter 91% 16.96 20 Qwest 85% 17.21 20 Cox 86% 17.41 15 Verizon (Fiber) 116% 19.59 20 Comcast 98% 20.65 25 Cox 83% 20.83 30 Cablevision 69% 21.10 24 AT&T 87% 21.46 25 Charter 86% 22.57 22 Comcast 103% 22.78 20 Verizon (Fiber) 113% 28.77 25 Verizon (Fiber) 115% 40.42 35 Verizon (Fiber) 115% Conclusion and Next Steps Consistent broadband metrics can help consumers assess their broadband
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- it is readily visible near the base of the antenna structure. Materials used to display the Antenna Structure Registration Number must be weather-resistant and of sufficient size to be easily seen at the base of the antenna structure.'' At the time of inspection, the agent observed that the Antenna Structure Registration Number was faded and not legible. 47 C.F.R. 17.21: ``Antenna structures shall be painted and lighted when: (a) they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.'' The FCC Antenna Structure Registration (ASR) for antenna structure #1212979 requires that it be painted and lit in accordance with FCC Paragraphs 1, 3, 11, and 21. Paragraph 11 requires that the structure have
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- not receive the recognition they deserve. I write separately in an effort to close this gap. 47 U.S.C. 303(q) (antenna structure owners shall maintain the painting and lighting of antenna structures as prescribed by the Commission). 47 C.F.R. 17.1 et seq. 47 C.F.R. 17.4(a)(2), 17.4(g) and 17.56(a). See 6 and notes 12-13, infra. 47 C.F.R. 17.21. 47 C.F.R. 17.4. Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). Subsequent to the expiration of the filing period, the Commission staff issued
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- the recognition they deserve. I write separately in an effort to close this gap. 47 U.S.C. 303(q) (Antenna structure owners shall maintain the painting and lighting of antenna structures as prescribed by the Commission.) 47 C.F.R. 17.1 et seq. 47 C.F.R. 17.4(a)(2), 17.4(g), 17.23, 17.50 and 17.51(b). See 6 and note 12, infra. 47 C.F.R. 17.21. 47 C.F.R. 17.4. Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). Subsequent to the expiration of the filing period, the Commission staff issued
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- that a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to Maria L. Salazar at 207 W. 13th Street North, Wichita, Kansas 67203. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. 301 and 303(q). 47 C.F.R. 17.51 and 73.1350(a). 47 C.F.R. 11.35(a), 73.1125(a), and 73.3526. 47 C.F.R. 17.21. 47 C.F.R. 17.47 47 C.F.R. 17.51. 47 C.F.R. 17.56 47 C.F.R. 17.48 47 C.F.R. 11.35(c). Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any
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- Cohn, Ferris, Glovsky and Popeo, P.C., 701 Pennsylvania Avenue, N.W., Suite 900, Washington, D.C. 20004. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. 303(q) (Antenna structure owners shall maintain the painting and lighting of antenna structures as prescribed by the Commission.) 47 C.F.R. 17.1 et seq. 47 C.F.R. 17.4(a)(2), 17.4(g), 17.50 and 17.51(b). 47 C.F.R. 17.21. 47 C.F.R. 17.4. 47 C.F.R. 17.47. 47 C.F.R. 17.56. 47 C.F.R. 17.48. AT&T Wireless Services, Inc., 16 FCC Rcd 814 (Enf. Bur. 2001), forfeiture ordered, 16 FCC Rcd 6805 (Enf. Bur. 2001). See Public Notice, Enforcement Bureau Field Offices List of Actions Taken, DA 01-1314 (rel. May 31, 2001); Public Notice, Enforcement Bureau Field Offices List
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- VHF BAND 153.5300 3 240 29.72 290 KED793 NJ 1.17 38 WPLX726 NY 151.6700 1 0 27.9 204 WPMK746 NJ 0.59 44 WNUJ744 NY 151.0250 5 340 26.41 7 WNLF882 NJ 11.78 312 WNRM842 NJ 154.6100 1 0 22.17 353 WPOX628 NY 0 156 WPLP823 NY 159.6900 4 620 18.99 47 WPMV662 NJ 4.9 261 WPQK983 NJ 153.5450 7 130 17.21 81 WRY348 NY 13.88 94 WPPT453 NY 151.4000 4 95 14.75 25 KNBI425 NY 4.61 238 KNGC323 NJ 151.1900 4 0 13.33 306 WRA626 NJ 1.09 88 KNGZ785 NY 151.0100 4 28 11.78 312 WNRM842 NJ 0.44 345 KEG941 NY 150.8900 10 46 11.64 122 KNDF943 NY 8.48 330 WNVQ907 NJ BEST USEABLE FREQUENCIES - 450 BAND (BASE STATION FREQS)
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- still showed ASR number 1018227 to be registered to SpectraSite for a 312.8 meter structure on Sesame Street in Richmond, Virginia, and no registration for its 180.9 meter structure also on Sesame Street. Discussion 11. 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 17.21 of the Rules states that painting and lighting are required for antenna structures that exceed 60.96 meters, except when it is shown by the applicant that the absence of such marking would not impair the safety of air navigation. Section 17.51(b) of the Rules requires that all high intensity and medium intensity obstruction lighting shall be continuously exhibited unless otherwise
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- 180.9 meter tower. We will therefore cancel the proposed forfeiture for that violation. We caution SpectraSite to be more careful in the future not to file tower registration materials for towers it does not own. 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 17.21 of the Rules states that painting and lighting are required for antenna structures that exceed 60.96 meters, except when it is shown by the applicant that the absence of such painting and lighting would not impair the safety of air navigation. Section 17.51(b) of the Rules requires that all high intensity and medium intensity obstruction lighting shall be continuously exhibited
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- See, e.g., SpectraSite Communications, Inc., Notice of Apparent Liability, 18 FCC Rcd 22799 (2003), Forfeiture Order, 19 FCC Rcd 17673 (2004). Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Report and Order, 20 FCC Rcd 1073, 1084 (2004), aff'd sub nom. CTIA v. FCC, 466 F. 3d 105 (D.C. Cir. 2006). See 47 C.F.R. 17.21(a). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200332480012 (Enf. Bur. Atlanta Office, released December 6, 2002). FMG supplemented the NAL Response on January 17, 2003, with statements by John Hain and Robert Murphy and on April 23, 2004, with a confidential submission of FMG's federal income tax returns for a three year period. PJB Communications of Virginia, Inc., Memorandum
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- CTIA Reply Comments at 29-30 (emphasis removed). See North Carolina Department of Transportation's Division of Aviation Comments at 2. See FAA Comments at 1. Section 17.2(a) of the rules defines ``antenna structure'' as including ``the radiating and/or receive system, its supporting structures and any appurtenances mounted thereon.'' 47 C.F.R. 17.2(a). See 47 C.F.R. 17.7. See 47 C.F.R. 17.21. See 47 C.F.R. 17.23. See County of Albemarle, Virginia Comments at 8-9. 47 U.S.C. 332(c)(7)(A). See NATOA et al. Comments at 19-20; Coalition for Local Zoning Authority Comments at 11. See, e.g., Town of Amherst, N.H. v. Omnipoint Communications Enterprises, Inc., 173 F.3d 9, 14 (1st Cir. 1999) (``Obviously, an individual denial is not automatically a forbidden prohibition
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- WA Comments at 2. 186CTIA Reply Comments at 29-30 (emphasis removed). 187SeeNorth Carolina Department of Transportation's Division of Aviation Comments at 2. 188SeeFAA Comments at 1. 189Section 17.2(a) of the rules defines "antenna structure" as including "the radiating and/or receive system, its supporting structures and any appurtenances mounted thereon." 47 C.F.R. 17.2(a). 190See47 C.F.R. 17.7. 191See47 C.F.R. 17.21. 192See47 C.F.R. 17.23. 14018 Federal Communications Commission FCC 09-99 332(c)(7)(A).193Subparagraph (A) states that the authority of a State or local government over decisions regarding the placement, construction, and modification of personal wireless service facilities is limited only by the limitations imposed in subparagraph (B).194Because the Petition requests that the Commission clarify one of the express limitations of Section 332(c)(7)(B)
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- Memorandum Opinion and Order, 23 FCC Rcd 4027 (Enf. Bur. 2008) (``Memorandum Opinion and Order''). International Broadcasting Corporation, Forfeiture Order, 23 FCC Rcd 71 (Enf. Bur. South Central Region 2008) (``Forfeiture Order''). 47 C.F.R. 17.50, 17.57. Antennas structures, such as antenna structure # 1026702, more than 200 feet in height must be painted and lit. See 47 C.F.R. 17.21. International Broadcasting Corporation, Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832680001 at 1 (Enf. Bur. San Juan Office, rel. November 13, 2007). IBC Application for Review at 3-4. The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) (``Forfeiture
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- will examine the entirety of Part 17, considering: (1) antenna structure registration and marking and lighting specifications; (2) maintenance of marking and lighting; and (3) other matters. A. Antenna Structure Registration and Marking and Lighting Specifications Provisions Governing Specification of Marking and Lighting The provisions governing specification of marking and lighting for registered antenna structures are set forth in Sections 17.21 through 17.23 of the rules. Section 17.21 specifies that painting and lighting of an antenna structure is required if the structure exceeds 200 feet in height or if it requires aeronautical study, unless an applicant can show that absence of (or lesser) marking would not impair air safety. Section 17.22 provides that the Commission will generally assign specifications for painting
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- THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to John W. Ashley DBA: Ashley Communications, 1301 N Wheeler Street, Plant City, Florida 33566. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director, Tampa Office Enforcement Bureau Attachment _________________________ 1 47 C.F.R 17.50. 2 See 47 C.F.R. 17.6(a). 3 See 47 C.F.R. 17.21, 17.22, and 17.23. 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to
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- entered in the station log. See 47 C.F.R. 11.55(c)(7) and 11.61(b). 4 See 47 C.F.R. 11.35(a). 5 A broadcast station may operate for 60 days pending repair or replacement of defective EAS equipment, but entries must be made in the station logs showing when the equipment was removed and restored to service. See 47 C.F.R. 11.35(b). 6 See 47 C.F.R. 17.21(a). 7 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to Leon's Radio, Inc., PO Box 94748, Oklahoma City, Oklahoma 73143. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director, Dallas Office, Enforcement Bureau Attachment _________________________ 1 47 C.F.R. 17.50. 2 See 47 C.F.R. 17.6(a). 3 See 47 C.F.R. 17.21(a). 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to John W. Ashley DBA: Ashley Communications, 1301 N Wheeler Street, Plant City, Florida 33566. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director, Tampa Office Enforcement Bureau Attachment _________________________ 1 47 C.F.R 17.50. 2 See 47 C.F.R. 17.6(a). 3 See 47 C.F.R. 17.21, 17.22, and 17.23. 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to
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- that it is readily visible near the base of the antenna structure. Material used to display the Antenna Structure Registration Number must be weather resistant and of sufficient size to be easily seen at the base of the antenna structure." During the inspection, the agent observed that the Antenna Structure Registration Numbers were not posted, for towers #1-4. 47 C.F.R. 17.21(a): `` Antenna structures shall be painted and lighted when:(a) They exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.'' During the inspection, the agent observed the red beacon and side lights on tower number three (ASR # 1028755) were out. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and
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- Rcd 4387 (1991). Section 312(f)(2) of the Act, 47 U.S.C. 312(f)(2), which also applies to Section 503(b), provides: "[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." 6 47 C.F.R. 17.21. 7 47 C.F.R. 17.4. 8 Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 9 Subsequent to the expiration of the filing period, the Commission
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- 418-0990. 14. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail, Return Receipt Requested, to Exosphere Broadcasting, LLC, 567 Lewis Point Extension, Saint Augustine, Florida 32086. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director _________________________ 1 47 C.F.R. 17.50 and 17.51. 2 See 47 C.F.R. 17.6(a). 3 See 47 C.F.R. 17.21, 17.22, and 17.23. 4 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 5 The 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,
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- Rcd 4387 (1991). Section 312(f)(2) of the Act, 47 U.S.C. 312(f)(2), which also applies to Section 503(b), provides: "[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." 5 47 C.F.R. 17.21. 6 47 C.F.R. 17.4. 7 Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 8 Subsequent to the expiration of the filing period, the Commission
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- 29, 2004 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Lotus Communications Corporation ("Lotus"), registrant of antenna structure # 1015922, in Los Angeles, California, apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), 1 and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules")2 by failing to comply with the antenna structure lighting, monitoring and notification requirements specified for antenna structure # 1015922. We conclude, pursuant to Section 503(b) of the Act,3 that Lotus is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On March 22, 2004,
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- assigned painting and lighting requirements by the FAA in 1975, so registration was required by 1998. Searches of the Commission's ASR database on June 22, 2004 and on December 2, 2004 found no evidence of a registration for the tower at issue here. We therefore find that Source apparently willfully and repeatedly violated Section 17.4(a) of the Rules. 11. Section 17.21 provides that antenna structures above 200 feet shall be painted and lighted. As noted above, Source's antenna structure is above 200 feet. Section 17.51 of the Rules requires that (a) all red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified and (b) all high intensity and medium intensity obstruction lighting shall be exhibited continuously unless otherwise
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- 2005 By the District Director, Los Angeles District Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that AMFM Ohio, Inc. ("AMFM Ohio"), registrant of antenna structure # 1014752, in San Bernardino, California, apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("the Act"),1 and Sections 17.21(a), 17.47 and 17.48 of the Commission's Rules ("Rules")2 by failing to comply with the antenna lighting, monitoring and notification requirements specified for antenna structure # 1014752. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),3 that AMFM Ohio is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND
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- Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Mega Communications of St. Petersburg Licensee, L.L.C. (``Mega Communications''), owner of antenna structures #1040052, 1040053, and 1040054 in Largo, Florida, apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.21 of the Commission's Rules (``Rules'').1 Specifically, we find Mega Communications apparently liable for failing to comply with prescribed antenna structure painting and lighting specifications. II. BACKGROUND 2. On January 18, 2005, in response to a public safety inquiry, an agent from the Commission's Tampa Field Office of the Enforcement Bureau (``Tampa Office'') contacted Mega Communications, the registered owner of Antenna
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- This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Chinook Concert Broadcasters, Inc., registrant of antenna structure #1242128. 2. On March 17, 2005, an agent of the Commission's Anchorage Resident Agent Office inspected antenna structure #1242128 located at 3601 C Street, Anchorage, Alaska, and observed the following violation: 2.a. 47 C.F.R. Section 17.21(a): ``Antenna structures shall be painted and lighted when: (a) They exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.'' The antenna structure registration for antenna structure #1242128 requires lighting as specified by FCC Paragraph 2. FCC Paragraph 2 states that ``[t]here shall be installed at the top of the tower at least two
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- for more than one day.7 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. 8 Part 17 of the Rules is designed to promote air safety, by prescribing regulations for antenna structures that constitute or that potentially constitute "a menace to air navigation."9 Section 17.21(a) of the Rules states antenna structures shall be painted and lighted when they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.10 Although antenna structure #1240108 is 60.6 meters in height, it has been assigned painting and lighting specifications.11 6. Section 17.50 of the Commission's Rules states that antenna structures requiring painting shall
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- been interpreted to mean simply that the acts or omissions are committed knowingly.7 The term "repeated" means the commission or omission of such act more than once or for more than one day.8 10. 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. 9 Section 17.21(a) of the Rules states antenna structures shall be painted and lighted when they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.10 Antenna structure #1019247 is 62.1 meters in height and is assigned painting and lighting specifications. 11. Section 17.23 of the rules requires that registered antenna structures conform to the mandatory FAA
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-267308A1.html
- is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Detroit Public Schools, registrant of antenna structure # 1019984 in Detroit, Michigan. 2. On January 6, 2006, an agent of the Commission's Detroit Office inspected antenna structure # 1019984 located at 5057 Woodward Avenue, Detroit, Michigan, and observed the following violation: 47 C.F.R. S 17.21: "Antenna structures shall be painted and lighted when. . . [t]hey exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." The Detroit Public School's antenna structure is 465 feet and the FCC's ASR database specifies painting and lighting specifications for antenna structure #1019984 in accordance with FCC Paragraphs A2 and H. FCC Paragraph
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- a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Michigan Bell Telephone Company, registrant of antenna structure # 1006477 in Southfield, Michigan. 2. On August 22, 2006, an agent of the Commission's Detroit Office inspected antenna structure # 1006477 located at 25189 Lahser Road, Southfield, Michigan, and observed the following violation: 47 C.F.R. S 17.21: "Antenna structures shall be painted and lighted when. . . [t]hey exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." Michigan Bell Telephone Company's antenna structure is 362 feet and the FCC's ASR database specifies painting and lighting specifications for antenna structure #1006477 in accordance with FCC Paragraphs 1, 3, 12 and 21.
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- Section 1.89 of the Commission's Rules, to Press Communications, LLC ("Press"), antenna structure registrant for antenna structure # 1237893. 2. On June 27, 2006, an agent of the Commission's New York Office inspected antenna structure # 1237893 located at 2355 West Bangs Avenue (South 1 of 2 towers), Neptune, New Jersey and observed the following violations: a. 47 C.F.R. S 17.21: "Antenna structures shall be painted and lighted when: (a) They exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." According to the Antenna Structure Registration ("ASR") for antenna structure number 1237893, the structure measures 240.57 feet and the structure is required to have painting and lighting in accordance with FCC Paragraphs 1, 3,
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- a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Wayne State University, owner of antenna structure # 1019984 in Detroit, Michigan. 2. On January 6, 2006, an agent of the Commission's Detroit Office inspected antenna structure # 1019984 located at 5057 Woodward Avenue, Detroit, Michigan, and observed the following violation: a. 47 C.F.R. S 17.21: "Antenna structures shall be painted and lighted when. . . [t]hey exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." The Wayne State University antenna structure is 465 feet and the FCC's ASR database specifies painting and lighting specifications for antenna structure #1019984 in accordance with FCC Paragraphs A2 and H. FCC Paragraph
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- official action towards registering the structure. Therefore, this violation was willful. 8. 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 antenna structures requiring painting to be cleaned or repainted as often as necessary to maintain good visibility. Section 17.21 of the Rules requires antenna structures exceeding 200 feet in height above ground level to be painted. Additionally, the KTRY-FM station license specifies painting and lighting requirements for Patrick's antenna structure associated with the station. Therefore, Patrick's antenna structure requires painting. From at least July 2001 until June 16, 2006, Patrick failed to maintain good visibility of its antenna structure.
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- sent by Certified Mail, Return Receipt Requested, and regular mail, to Comcast of Washington/Oregon, 1500 Market Street, 35^th Floor, Philadelphia, PA 19102. FEDERAL COMMUNICATIONS COMMISSION Binh Nguyen Resident Agent Portland Resident Agent Office Western Region Enforcement Bureau 47 U.S.C. S 303(q). 47 C.F.R. S 17.23. 47 C.F.R. S 17.47(a). 47 C.F.R. S 17.48. 47 U.S.C. S 503(b). 47 C.F.R. S 17.21. See FAA Advisory Circular Number 70/7460-1J, Chapters 4, 5, and 13. Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission
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- March 9, 2007 By the District Director, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that NBTY, Inc. ("NBTY"), owner of antenna structure 1064367 located in Bohemia, New York, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.21(a) and 17.23 of the Commission's Rules ("Rules") by failing to paint its tower aviation orange and white as required by the Antenna Structure Registration (ASR) and specified on the tower's FAA determination of "no hazard." We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that NBTY is apparently liable for a forfeiture in the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-276658A1.html
- Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to County of Suffolk, owner of antenna structure 1018616. 2. On August 2, 2007, an agent of the Commission's New York Office inspected antenna structure, ASR # 1018616, located in Melville, New York, and observed the following violation: 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when. . . [t]hey exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." The County of Suffolk antenna structure is 76.2 meters. The ASR for structure number 1018616 indicates that the tower requires painting and lighting in accordance with FCC Paragraphs 1, 3, 11, and 21.
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- that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to International Broadcasting Corporation at its address of record. FEDERAL COMMUNICATIONS COMMISSION William Berry Resident Agent, San Juan Office South Central Region Enforcement Bureau 47 C.F.R. S:S: 17.50, 17.57. 47 U.S.C. S: 503(b). See 47 C.F.R. S: 17.21. Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- Section 1.89 of the Commission's Rules, to Tanana Valley State Fair Association, registered owner of antenna structure number 1005017, located on College Road, Fairbanks, AK. 2. On September 11, 2007, an agent of the Enforcement Bureau's Anchorage Resident Agent Office performed a nighttime inspection of the tower structure identified above. The agent observed the following violation: a. 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they require special aeronautical study." The antenna structure registration for antenna structure number 1005017 requires that the structure comply with FCC paragraphs 1, 3, 12, and 21. FCC Paragraph 12 states "[o]n levels at approximately two-thirds and one-third
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- Section 1.89 of the Commission's Rules, to Fairbanks Golf & Country Club, registrant of antenna structure number 1003454, located on Farmers Loop Road, Fairbanks, Alaska. 2. On September 11, 2007, an agent of the Enforcement Bureau's Anchorage Resident Agent Office performed a nighttime inspection of the tower structure identified above. The agent observed the following violation: a. 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they require special aeronautical study." The antenna structure registration for antenna structure number 1003454 requires that the structure comply with FCC paragraphs 1, 3, 12, and 21. FCC Paragraph 12 states "[o]n levels at approximately two-thirds and one-third
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- FRN: 0001539048 Giddings, Texas ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 14, 2008 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Union Pacific Railroad Company ("Union Pacific"), owner of antenna structure #1065191 in Giddings, Texas, apparently repeatedly violated Section 17.21(a) of the Commission's Rules ("Rules") by failing to paint and light its antenna structure. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Union Pacific is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On February 20, 2008, a resident agent from the Commission's Houston
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- 15, 2008, agents of the Enforcement Bureau's San Francisco Office made nighttime observations of antenna structure number 1050214 and noted that the side lights were not lit and the top beacon was only flashing two to three times per minute. On May 16, 2008, the agents inspected antenna structure number 1050214 and observed the following violations: a. 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when:(a) They exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." The painting and lighting specification for antenna structure number 1050214 are listed as FCC Paragraphs 1, 3, 11, 21. FCC Paragraph 3 requires that the top beacon flash not more than 40 flashes per minute
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- 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." 47 C.F.R. S: 17.47(a)(2). See 47 C.F.R. S: 17.21 (antenna structures shall be painted and lighted when they exceed 200 feet in height above the ground ore they require special aeronautical study). Section 17.48 of the Rules requires that the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications report immediately by telephone or telegraph to the nearest Flight Service Station
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- a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Rama Communications, Inc. at its address of record. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director Tampa Office South Central Region Enforcement Bureau 47 C.F.R. S:S: 17.50, 73.49, 73.1745(a), 73.3526. 47 U.S.C. S: 503(b). Pursuant to Section 17.21 of the Rules, antenna structures shall be painted and lighted when they exceed 60.96 meters in height above ground. 47 C.F.R. S: 17.21. Antenna structure #s 1045401 and 1045403 are 88.7 meters in height above ground. Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act,
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- 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." The antenna structure is 98 meters in height above ground. Antenna structures are required to be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. S: 17.21. American Tower Corporation, Notice of Apparent Liability, 16 FCC Rcd 1282 (2001). 47 U.S.C. S: 503(b)(2)(E). 47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 17.4 (g), 17.48(a) Federal Communications Commission 4 Federal Communications Commission References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286481A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286481A1.doc
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- 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." Antenna structures are required to be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. S: 17.21. Antenna structure owners are required to inspect at intervals not to exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated with the antenna structure lighting to insure that such apparatus is functioning properly. See 47 C.F.R. S: 17.47(b). Antenna structure owners are required to maintain a record of any observed or otherwise known extinguishment or
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- that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Perry Broadcasting Systems at its address of record. FEDERAL COMMUNICATIONS COMMISSION William Berry Resident Agent, San Juan Office South Central Region Enforcement Bureau 47 C.F.R. S:S: 17.50, 17.57. 47 U.S.C. S: 503(b). See 47 C.F.R. S: 17.21. The agent requested that the FAA issue a NOTAM at that time. Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or
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- Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to SBC Tower Holdings LLC, owner of antenna structure # 1003991 in Ballston, New York. 2. On February 23, 2009, an agent of the Commission's New York Office inspected antenna structure # 1003991 located at 887 RT 67, Ballston, New York, and observed the following violation: 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they require special aeronautical study." The painting and lighting specifications for antenna structure number 1003991 require that the structure comply with FCC Chapters 4, 8, and 13 in accordance with FAA Circular Number 70/7460-1H. Chapter 5, paragraph 54,
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- following violations: a. 47 C.F.R. S: 17.4(g): "The Antenna Structure Registration Number must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure." During the inspection, the agents observed that there was no antenna structure registration number posted at or near the base of the antenna structure. b. 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they require special aeronautical study." The painting and lighting specifications for antenna structure # 1001101 require that the structure comply with FCC Paragraphs A1, B, C and H. Paragraph B requires light units located at the top of
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- LIABILITY FOR FORFEITURE Released: September 18, 2009 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Verizon Wireless (VAW) LLC ("Verizon"), owner of an antenna structure located at 2128 Reed Creek Road, in Hartwell, GA, apparently willfully and repeatedly violated Sections 17.4(a) and 17.21(a) of the Commission's Rules ("Rules") by failing to register its antenna structure with the Commission and failing to paint and light that antenna structure. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Verizon is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). II. BACKGROUND 2. On August
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- 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." 47 U.S.C. S: 303(q). AT&T Wireless Services, Inc., 17 FCC Rcd 7891, 7892 (2002). 47 C.F.R. S: 17.21. 47 C.F.R. S: 17.51(a). FCC Forms 715/715A, paragraphs 3, 12 and 21. 47 C.F.R. S: 17.6(a). 47 C.F.R. S: 17.47(a). 47 C.F.R. S: 17.48. 19 12 FCC Rcd 17087(1997), recon. denied 15 FCC Rcd 303 (1999). 20 47 U.S.C. S: 503(b)(2)(E). 21 47 U.S.C. S:S: 303(q), 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80, 17.6, 17.47(a), 17.48, 17.51(a). See 47 C.F.R.
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- #1060414 located in Glenwood Springs, Colorado, and observed the following violations: a. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified." At the time of inspection, two sidelights were extinguished at the one-third level and one sidelight was extinguished at the two-thirds level on antenna structure #1060414. b. 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when (a) They exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." The painting and lighting specifications for antenna structure #1060414 are listed as FCC paragraphs 1, 3, 11, and 21. Paragraph 11 requires that the structure have sidelights with at least two red obstruction lights
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- issued pursuant to Section 1.89 of the Commission's Rules, to Churchill County Telephone and Telegraph registrant of antenna structure #1012853 in Fallon, Nevada. 2. On September 28, 2010, agents of the Enforcement Bureau's San Francisco Office inspected antenna structure #1012853 located approximately 0.5 mile southeast of Fallon Municipal Airport in Fallon, Nevada, and observed the following violation: 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when: (a) they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." The FCC Antenna Structure Registration for antenna structure # 1012853 indicates painting and lighting in accordance with FCC Chapters 1 and 2. At the time of inspection, agents observed that the tower was not
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- issued pursuant to Section 1.89 of the Commission's Rules to Incorporated Village of Rockville Centre, owner of antenna structure 1270072 in Rockville Centre, New York. 2. On March 31, 2011, an agent of the Commission's New York Office inspected antenna structure # 1270072 located at 142 Maple Avenue, Rockville Centre, New York, and observed the following violation: 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they require special aeronautical study." The lighting specifications for antenna structure number 1270072 require that the structure comply with FAA Chapters 4, 8, and 12 in accordance with FAA Circular Number 70/7460-1K. Chapter 8 of FAA Circular Number
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- is readily visible near the base of the antenna structure. Materials used to display the Antenna Structure Registration Number must be weather-resistant and of sufficient size to be easily seen at the base of the antenna structure." At the time of inspection, the agent observed that the Antenna Structure Registration Number was faded and not legible. b. 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when: (a) they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." The FCC Antenna Structure Registration (ASR) for antenna structure #1212979 requires that it be painted and lit in accordance with FCC Paragraphs 1, 3, 11, and 21. Paragraph 11 requires that the structure have
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- structure as 222.5 feet, giving Concilio constructive knowledge of the actual height of the tower. Moreover, licensees are expected to know and comply with the Commission's rules.11 Sections 17.4 and 17.7 of the Rules12 require that antenna structures over 200 feet be registered. Section 17.4 requires ASR numbers to be posted on or near the base of the tower. Section 17.21 of the Rules13 requires that antenna structures over 200 feet be painted and lighted. It is also the licensee's responsibility to have accurate knowledge of its operations to apply the rules correctly. Further, although Concilio provides the results of an FAA study which concluded that the antenna structure would not exceed FAA obstruction standards and would not be a hazard
- http://transition.fcc.gov/eb/Orders/2002/DA-02-2856A1.html
- Corporation ) NAL/Acct. No. 20023256006 Ellsworth, Iowa ) FRN #000-437-322 MEMORANDUM OPINION AND ORDER Adopted: October 28, 2002 Released: October 31, 2002 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (``Order''), we cancel a ten thousand dollar ($10,000) Notice of Apparent Liability for Forfeiture (``NAL'')1 issued to United States Cellular Corporation (``USCC'') for apparently violating Sections 17.21 and 17.45 of the Commission's Rules (``Rules'').2 The alleged violations involved USCC's failure to light or paint its antenna structure number 1233307, located near Ellsworth, Iowa, and its failure to install temporary warning lights on the same structure during construction. 2. On June 5, 2002, the District Director of the Commission's Kansas City, Missouri Field Office issued the NAL to
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- 12444 Powerscout Drive, Suite 100, St. Louis, Missouri 63131; and to Bresnan Telecommunications Company LLC at 12444 Powerscout Drive, Suite 100, St. Louis, Missouri 63131 and at 709 Westchester Avenue, White Plains, New York 10604. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 17.1 et seq. 2 47 C.F.R. 17.4(g) and 17.57. 3 47 C.F.R. 17.21. 4 47 C.F.R. 17.4. 5 Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 6 47 C.F.R. 17.47. 7 47 C.F.R. 17.56. 8 47 C.F.R.
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- receive the recognition they deserve. I write separately in an effort to close this gap. _________________________ 1 47 U.S.C. 303(q) (antenna structure owners shall maintain the painting and lighting of antenna structures as prescribed by the Commission). 2 47 C.F.R. 17.1 et seq. 3 47 C.F.R. 17.4(a)(2), 17.4(g) and 17.56(a). 4 See 6 and notes 12-13, infra. 5 47 C.F.R. 17.21. 6 47 C.F.R. 17.4. 7 Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 8 Subsequent to the expiration of the filing period, the Commission
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- recognition they deserve. I write separately in an effort to close this gap. _________________________ 1 47 U.S.C. 303(q) (Antenna structure owners shall maintain the painting and lighting of antenna structures as prescribed by the Commission.) 2 47 C.F.R. 17.1 et seq. 3 47 C.F.R. 17.4(a)(2), 17.4(g), 17.23, 17.50 and 17.51(b). 4 See 6 and note 12, infra. 5 47 C.F.R. 17.21. 6 47 C.F.R. 17.4. 7 Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 8 Subsequent to the expiration of the filing period, the Commission
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- a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to Maria L. Salazar at 207 W. 13th Street North, Wichita, Kansas 67203. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 U.S.C. 301 and 303(q). 2 47 C.F.R. 17.51 and 73.1350(a). 3 47 C.F.R. 11.35(a), 73.1125(a), and 73.3526. 4 47 C.F.R. 17.21. 5 47 C.F.R. 17.47 6 47 C.F.R. 17.51. 7 47 C.F.R. 17.56 8 47 C.F.R. 17.48 9 47 C.F.R. 11.35(c). 10 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any
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- Ferris, Glovsky and Popeo, P.C., 701 Pennsylvania Avenue, N.W., Suite 900, Washington, D.C. 20004. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 U.S.C. 303(q) (Antenna structure owners shall maintain the painting and lighting of antenna structures as prescribed by the Commission.) 2 47 C.F.R. 17.1 et seq. 3 47 C.F.R. 17.4(a)(2), 17.4(g), 17.50 and 17.51(b). 4 47 C.F.R. 17.21. 5 47 C.F.R. 17.4. 6 47 C.F.R. 17.47. 7 47 C.F.R. 17.56. 8 47 C.F.R. 17.48. 9 AT&T Wireless Services, Inc., 16 FCC Rcd 814 (Enf. Bur. 2001), forfeiture ordered, 16 FCC Rcd 6805 (Enf. Bur. 2001). 10 See Public Notice, Enforcement Bureau Field Offices List of Actions Taken, DA 01-1314 (rel. May 31, 2001); Public Notice, Enforcement Bureau Field
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- 2002) 2 47 C.F.R. 17.4(g). 3 47 C.F.R. 17.51 and 17.57. 4 Gomez is the former licensee of WRSJ(AM). The license was assigned to Concilio on December 4, 1996. 5 Antenna structures whose overall height above the ground is less than 200 feet are not subject to the Commission's registration, lighting and marking requirements. See 47 C.F.R. 17.4, 17.7 and 17.21. 6 Petition for Reconsideration, p. 2. 7 47 C.F.R. 1.80(b)(4), Note to Paragraph 4(b), Section I. 8 Id. 9 American Tower Corporation, 16 FCC Rcd 1282 (2001). 10 47 U.S.C. 405. 11 47 C.F.R. 1.106. 12 47 U.S.C. 504(a). 13 See 47 C.F.R. 1.1914. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1011A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1011A1.doc
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- Chief, Revenue and Receivables Group, 445 12th Street, S.W., Washington, D.C. 20554.12 21. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to FBS Wireless Corporation, 114 Market Street, 2nd Floor, Berwick, PA 18603. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 17.21(a). 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232400007 (Enf. Bur., Philadelphia Office, released August 12, 2002). 3 47 U.S.C. 503(b). 4 47 C.F.R. 1.80. 5 47 U.S.C. 503(b)(2)(D). 6 47 C.F.R. 17.7(a). 7 As provided by 47 U.S.C. 312(f)(2), a continuous violation is ``repeated'' if it continues for more than one day. The Conference Report for Section 312(f)(2)
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- (``Order''), we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800.00) to Max Media of Montana, LLC (``Max Media''), licensee of television Station KTGF, Great Falls, Montana, for willful and repeated violations of the antenna structure lighting and registration requirements of Section 303(q) of the Communications Act of 1934, as amended (the ``Act''),1 and Sections 17.21, 17.47(a)(2) and 17.57 of the Commission's Rules (``Rules'').2 2. On September 27, 2002, the Director of the Commission's Seattle, Washington District Office (``Seattle Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Max Media for a forfeiture in the amount of thirteen thousand dollars ($13,000.00).3 Max Media filed its response to the NAL on November 8, 2002, and
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- 200232560009 Registration ) No. 1033509 ) ) FRN 0005-0815-67 Haviland, Kansas FORFEITURE ORDER Adopted: January 31, 2003 Released: February 4, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand five hundred dollars ($2,500) to Haviland Telephone Co., Inc., (``Haviland'') for willful violation of Section 17.21 of the Commission's Rules (``Rules'').1 The noted violation involves Haviland's failure to exhibit the prescribed painting. 2. On June 13, 2002, the Commission's Kansas City, Kansas Field Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to Haviland for the noted violation.2 Haviland filed a response to the
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- argued by Tower Properties. The Commission has consistently stressed that it expects full compliance with the antenna structure rules because of the potential danger to air navigation.13 Therefore, Tower Properties' failure to clean or repaint its antenna structure as often as necessary to maintain good visibility is a serious violation warranting a forfeiture assessment.14 13. Tower Properties contends, citing Section 17.21(a) of the Rules, that in light of fact that some of the cables stop below 200 feet in height, no violation has occurred. Tower Properties argues the forfeiture should be dismissed or reduced because painting and lighting is only required for the potion of covered structures that exceeds 200 feet. We disagree. Section 17.21(a) states that where a tower exceeds
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- 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nineteen thousand six hundred dollars ($19,600) to Hoffman Communications, Incorporated (``HCI''), owner of antenna structure numbers 1040995, 1040996, and 1040997 in Chester, Virginia, and licensee of radio station WGGM(AM), for willful and repeated violations of Sections 73.49, 17.21, and 73.1745(a) of the Commission's Rules (``Rules'').1 Specifically, we find HCI liable for failing to maintain effective fencing around its antenna structures, for failing to install prescribed lighting, and for exceeding authorized nighttime power limits. 2. On September 30, 2002, the Commission's Norfolk, Virginia Resident Agent Office (``Norfolk Office'') released a Notice of Apparent Liability for Forfeiture (``NAL'') to HCI
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- ) NAL/Acct. No. 200232400004 Registration # 1060096 ) Cinnaminson, New Jersey ) FRN 0006-3665-04 FORFEITURE ORDER Adopted: March 7, 2003 Released: March 11, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Morgan Tower, Inc. (``Morgan''), for willful violation of Section 17.21(a) of the Commission's Rules (``Rules'').1 The noted violation involves Morgan's failure to light and adequately paint the captioned antenna structure. 2. On June 19, 2002, the Commission's Philadelphia, Pennsylvania, District Office (``Philadelphia Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Morgan for a forfeiture in the amount of ten thousand dollars ($10,000).2 Morgan filed its response to
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- showed ASR number 1018227 to be registered to SpectraSite for a 312.8 meter structure on Sesame Street in Richmond, Virginia, and no registration for its 180.9 meter structure also on Sesame Street. III. DISCUSSION 11. 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 17.21 of the Rules states that painting and lighting are required for antenna structures that exceed 60.96 meters, except when it is shown by the applicant that the absence of such marking would not impair the safety of air navigation.17 Section 17.51(b) of the Rules requires that all high intensity and medium intensity obstruction lighting shall be continuously exhibited unless otherwise
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- painting and lighting requirements prior to July 1, 1996, must register the antenna structure prior to July 1, 1998. According to the Commission's records, WLTH's day antenna structure had been assigned painting and lighting requirements. WLTH concedes that its day antenna structure was not registered. We conclude that WLTH willfully10 and repeatedly11 violated Section 17.4(a) of the Rules. 9. Section 17.21(a) of the Rules12 requires that antenna structures exceeding 200 feet in height AGL be painted and lighted. As indicated above, WLTH's day antenna structure exceeds 200 feet in height AGL and is required to have red obstruction lighting. Section 17.51(a) of the Rules requires that the red obstruction lighting be exhibited between sunset and sunrise. On March 5 and 6,
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- 0007-4419-26 FORFEITURE ORDER Adopted: March 15, 2004 Released: March 17, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Three Angels Corporation (``Three Angels''), licensee of station WGOD-FM, St. Thomas, Virgin Islands, for willful and repeated violation of Sections 17.4(a) and 17.21(a) of the Commission's Rules (``Rules'').1 The noted violations involve Three Angels' failure to register and paint the antenna structure for station WGOD-FM. 2. On October 22, 2002, the Commission's San Juan, Puerto Rico, Resident Agent Office (``San Juan Office'') released a Notice of Apparent Liability for Forfeiture (``NAL'') to Three Angels for a forfeiture in the amount of thirteen thousand
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- Chief, Revenue and Receivables Group, 445 12th Street, S.W., Washington, D.C. 20554.22 17. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Westshore Broadcasting, Inc., 311 112th Avenue, N.E., St. Petersburg, Florida 33716. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 17.21(a), 17.57 and 73.49. 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232700005 (Enf. Bur., Tampa Office, released November 1, 2002). 3 Section 17.48(a) of the Rules, 47 C.F.R. 17.48(a), requires tower owners to immediately report lighting outages that cannot be corrected within 30 minutes to the FAA. When the FAA receives a report of a lighting outage, it issues
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- meter tower. We will therefore cancel the proposed forfeiture for that violation.14 We caution SpectraSite to be more careful in the future not to file tower registration materials for towers it does not own. 9. 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 17.21 of the Rules states that painting and lighting are required for antenna structures that exceed 60.96 meters, except when it is shown by the applicant that the absence of such painting and lighting would not impair the safety of air navigation.15 Section 17.51(b) of the Rules requires that all high intensity and medium intensity obstruction lighting shall be continuously exhibited
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- 1040053, and 1040054 ) Silver Springs, MD FORFEITURE ORDER Adopted: June 17, 2005 Released: June 21, 2005 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Mega Communications of St. Petersburg Licensee, L.L.C. (``Mega Communications'') for willful violation of Section 17.21 of the Commission's Rules (``Rules'').1 The noted violation involves Mega Communications' failure to comply with prescribed antenna structure painting and lighting specifications. 2. On April 11, 2005, the District Director of the Commission's Tampa Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mega Communications.2 Mega Communications has not filed
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- Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Lotus Communications Corporation ("Lotus"), registrant of antenna structure # 1015922, in Los Angeles, California, for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), 1 and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules").2 On September 29, 2004, the Commission's Los Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 against Lotus after determining that Lotus had repeatedly failed to comply with the antenna structure lighting, monitoring and notification requirements specified for antenna structure # 1015922. Such failure
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- filed on August 30, 2005, by Lotus Communications Corporation ("Lotus") registrant of antenna structure # 1015922, in Los Angeles, California. Lotus seeks reconsideration of the Forfeiture Order in which Lotus was found liable for a monetary forfeiture in the amount of $10,000 for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, ("the Act"), and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules"). As discussed below, we dismiss Lotus' Petition because it does not comply with the Act and the Rules, and is therefore procedurally defective. We also find that even if Lotus had timely filed its Petition, the Petition would fail on the merits. II. BACKGROUND 2. On March 22, 2004, the Los
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- 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. 11. 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 17.21(a) of the Rules states antenna structures shall be painted and lighted when they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study. According to its ASR, antenna structure #1019247 is 62.1 meters in height and is assigned painting and lighting specifications. 12. Section 17.23 of the rules requires that registered antenna structures conform
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- See, e.g., SpectraSite Communications, Inc., Notice of Apparent Liability, 18 FCC Rcd 22799 (2003), Forfeiture Order, 19 FCC Rcd 17673 (2004). Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Report and Order, 20 FCC Rcd 1073, 1084 (2004), aff'd sub nom. CTIA v. FCC, 466 F. 3d 105 (D.C. Cir. 2006). See 47 C.F.R. S 17.21(a). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200332480012 (Enf. Bur. Atlanta Office, released December 6, 2002). FMG supplemented the NAL Response on January 17, 2003, with statements by John Hain and Robert Murphy and on April 23, 2004, with a confidential submission of FMG's federal income tax returns for a three year period. PJB Communications of Virginia, Inc., Memorandum
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- Central Region Enforcement Bureau 47 C.F.R. S: 17.47(a). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932560001 (Enf. Bur., Kansas City Office, released October 31, 2008). 47 U.S.C. S: 503(b). 47 C.F.R. S: 1.80. 47 U.S.C. S: 503(b)(2)(E). Antenna structures are required to be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. S: 17.21. Antenna structure owners are required to inspect at intervals not to exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated with the antenna structure lighting to insure that such apparatus is functioning properly. See 47 C.F.R. S: 17.47(b). Antenna structure owners are required to maintain a record of any observed or otherwise known extinguishment or
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- First Class and Certified Mail Return Receipt Requested to International Broadcasting Corporation at its address of record and to its counsel, Richard F. Swift, Irwin, Campbell & Tannenwald, 1730 Rhode Island Avenue NW, Suite 200, Washington DC, 20036-3101. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. S:S: 17.50, 17.57. See 47 C.F.R. S: 17.21. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832680001 (Enf. Bur., San Juan Office, November 13, 2007) ("NAL"). 47 U.S.C. S: 503(b). 47 C.F.R. S: 1.80. 47 U.S.C. S: 503(b)(2)(D). Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term `willful,' ...
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- CRC. On September 29, 2005, CRC sent a supplemental reply to the LOI stating that a new lighting system and alarm system had been purchased and would soon be installed on antenna structure #1019247. 9. 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 17.21(a) of the Rules states antenna structures shall be painted and lighted when they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study. According to its ASR, antenna structure #1019247 is 62.1 meters in height and is assigned painting and lighting specifications by the FAA. Section 17.23 of the Rules requires that registered antenna
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- of record and to its counsel, Todd A. Steiner, Law Offices of Putbrese, Hunsaker & Trent, P.C., 200 South Church Street, Woodstock, VA 22664. FEDERAL COMMUNICATIONS COMMISSION Priya Shrinivasan Assistant Chief, Enforcement Bureau Rama Communications, Inc., Forfeiture Order, 23 FCC Rcd 17820 (Enf. Bur. South Central Region, 2008) ("Forfeiture Order"). 47 C.F.R. S:S: 17.50, 73.49, 73.1745(a), 73.3526. Pursuant to Section 17.21 of the Rules, antenna structures shall be painted and lighted when they exceed 60.96 meters in height above ground. 47 C.F.R. S: 17.21. Antenna structure numbers 1045401 and 1045403 are 88.7 meters in height above ground. Rama Communications, Inc., Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932700002 (Enf. Bur., Tampa Office, October 16, 2008) ("NAL"). 47 U.S.C. S: 503(b).
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- National Weather Service personnel to activate the EAS for state and local emergency alerts. The state plans include the EAS header codes and messages to be transmitted by the primary state, local and relay EAS sources. 47 C.F.R. S: 11.35(a). Antenna structures must be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. S: 17.21. 47 C.F.R. S: 73.3526(a)(2). 47 C.F.R. S: 73.3526(b). 47 C.F.R. S: 73.3526(c). 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"), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S: 1.80. 47 U.S.C. S: 503(b)(2)(E). On April 16, 1997,
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- 2010 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 thirteen thousand dollars ($13,000) to Verizon Wireless (VAW) LLC ("Verizon"), owner of an antenna structure located at 2128 Reed Creek Road, in Hartwell, GA for willful and repeated violation of Sections 17.4(a) and 17.21(a) of the Commission's Rules ("Rules"). The noted violations involve Verizon's failure to register its antenna structure with the Commission and failure to paint and light its antenna structure. II. BACKGROUND 2. On August 18, 2009, in response to a complaint of an unlit tower, agents from the Commission's Atlanta Field Office of the Enforcement Bureau ("Atlanta Office") inspected an antenna
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- Memorandum Opinion and Order, 23 FCC Rcd 4027 (Enf. Bur. 2008) ("Memorandum Opinion and Order"). International Broadcasting Corporation, Forfeiture Order, 23 FCC Rcd 71 (Enf. Bur. South Central Region 2008) ("Forfeiture Order"). 47 C.F.R. S:S: 17.50, 17.57. Antennas structures, such as antenna structure # 1026702, more than 200 feet in height must be painted and lit. See 47 C.F.R. S: 17.21. International Broadcasting Corporation, Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832680001 at 1 (Enf. Bur. San Juan Office, rel. November 13, 2007). IBC Application for Review at 3-4. The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
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- Receipt Requested, to Taylor Communications, Inc. at 302 Highway 7, South, Oxford, MS 38655 and to John C. Trent, its counsel at 200 South Church Street, Woodstock, VA 22664. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. S:S: 17.48(a), 73.3526. See Antenna Structure Registration Database, Registration Number 1038246. See also 47 C.F.R. S: 17.21 (generally requiring towers exceeding 200 feet in height to be painted and lit). Local sunset time was 7:15 p.m. CDT. Taylor Communications, Inc., Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932620003 (Enf. Bur., New Orleans Office, rel. Nov. 21, 2008) ("NAL") (citing 47 C.F.R. S:S:17.48(a), 73.3526(a)(2), 73.3526(c)(1)). Letter from Todd A. Steiner, Esq., Counsel for Taylor Communications, Inc., to
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- of Apparent Liability for Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Equity Communications LP at 8025 Black Horse Pike, Suite 100-102, West Atlantic City, New Jersey 08232. FEDERAL COMMUNICATIONS COMMISSION Gene Stanbro District Director Philadelphia Office Northeast Region Enforcement Bureau 47 U.S.C. S: 303(q). 47 U.S.C. S:S: 17.50(a), 73.49. Pursuant to section 17.21 of the Rules, antenna structures shall be painted and lit when they exceed 60.96 meters in height above ground. 47 C.F.R. S: 17.21. Antenna structure number 1046625 is 106 meters in height above ground. Section 73.49 of the Rules states that "antenna towers having radio frequency potential at the base must be enclosed with effective locked fences or other enclosures."
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- 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." 47 C.F.R. S: 17.47(a). See 47 C.F.R. S: 17.21 (stating that antenna structures are required to be painted and lighted when they exceed 60.96 meters in height above ground). Second LOI Response at 1. 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"), recon. denied, 15 FCC Rcd 303
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- 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." 47 U.S.C. S: 303(q). 47 C.F.R. S: 17.51(a). See 47 C.F.R. S: 17.21 (requiring antenna structures more than 200 feet in height to be painted and lighted). Andrews Tower requested the FAA contact number on July 15, 2010. See para. 3 supra. 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"), recon. denied,
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- '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." 47 U.S.C. S: 303(q). 47 C.F.R. S: 17.51(a). See Antenna Structure Registration database for antenna structure number 1018669. See also 47 C.F.R. S: 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). 47 C.F.R. S: 17.47(a). 47 C.F.R. S: 17.47(b) (allowing antenna structure owners to employ an automatic light monitoring system in lieu of daily observations). The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12
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- (1) has dismantled its antenna structure; (2) owns no other antenna structures; (3) has ceased operating its cable system in Yorktown, TX; and (4) owns no other cable systems, we will consider such evidence and take appropriate action. 47 C.F.R. S:S: 17.4(g), 17.48, 17.51(a), and 17.57. 2 See Antenna Structure Registration Database, Registration Number 1045666. See also 47 C.F.R. S: 17.21 (generally requiring towers exceeding 200 feet in height to be painted and lit). Letter from Thomas Kurien, owner of KFW Communications, Inc. dba Almega Cable, to Lee Browning, Resident Agent, Houston Office, dated January 27, 2010. RAMCO also confirmed that it acquired the antenna structure effective January 1, 2010 in a telephone conversation with Agent Browning on March 16, 2010.
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- emergency alerts. The state plans include the EAS header codes and messages to be transmitted by the primary state, local and relay EAS sources. 47 C.F.R. S: 11.35(a). See NAL at 15874-15875. NAL Response at 1. 47 C.F.R. S: 17.47(a). Antenna structures must be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. S: 17.21. NAL Response at 1-2. 47 C.F.R. S: 17.50. NAL Response at 2-3. Id. 47 C.F.R. S: 73.3526(a)(2). 47 C.F.R. S: 73.3526(b). 47 C.F.R. S: 73.3526(c). 47 C.F.R S: 73.3526(e)(12). NAL Response at 1. NAL Response at 1-3. Request for Reduction at 1. See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994) (finding attempts to comply with licensing requirements
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- S: 11.35(b). KM Radio did not order any replacement parts for its EAS equipment until after the inspection, so KM Radio cannot claim that its operations fell under this exception. See LOI Response at 1. See 47 U.S.C. S: 303(q). See 47 C.F.R. S: 17.51(a). See Antenna Structure Registration database for antenna structure number 1053693. See also 47 C.F.R. S: 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). See LOI Response at 2. See id. See also 47 C.F.R. S: 17.47(a) (requiring owners of antenna structures that are required to be lighted to make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic
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- 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. 47 U.S.C. S: 303(q). 47 C.F.R. S: 17.51(a). See Antenna Structure Registration database for antenna structure number 1050186. See also 47 C.F.R. S: 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). 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). See infra
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- Return Receipt Requested, and regular mail, to Telava Wireless, Inc. at 353 Sacramento Street, Suite 1500, San Francisco, California 94111. FEDERAL COMMUNICATIONS COMMISSION James M. Roop District Director Chicago District Office Northeast Region Enforcement Bureau 47 U.S.C. S: 303(q). 47 C.F.R. S:S: 17.47 and 17.56(a). See Antenna Structure Registration Database for antenna structure number 1050174. See also 47 C.F.R. S: 17.21 (generally requiring towers exceeding 200 feet (60.96 meters) in height to be painted and lit). Letter from James M. Roop, District Director, Chicago Office, to Telava Wireless, Inc., dated January 4, 2011. Letter from Boaz Yung, Executive Vice President, Telava Wireless, Inc., to James M. Roop, District Director, Chicago Office, dated January 21, 2011, at 1. Id. Id. at 2.
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- both Certified Mail, Return Receipt Requested, and regular mail, to Classic Cable, Inc. dba Suddenlink Communications at 12444 Powerscourt Drive, Suite 140, St. Louis, MO 63131. 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 1040644. 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 1040644 must be painted consistent with FCC Paragraphs 1, 3, 4, 13, and 21. FCC Paragraph 1 requires antenna structure to be painted throughout their height with alternate bands of aviation surface orange
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- be sent by both Certified Mail, Return Receipt Requested, and regular mail, to James Cable, LLC at 38710 Woodward Avenue, Suite 180, Bloomfield Hills, MI 48304. 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 1016806. 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 1016806 must be painted 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
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- be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Mobile Phone of Texas, Inc. at P.O. Box 2247, Wichita Falls, TX 76307. 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 1057231. 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 1057231 must be painted 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
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- 17.48, 17.50, 17.51, 17.57. Although the Antenna Structures were no longer being used for the transmission of radio energy at the time of the inspection, North Chapel is required to maintain the painting and lighting requirements assigned to the Antenna Structures until the structures are dismantled. See 47 U.S.C. S: 303(q). See 47 U.S.C. S: 303(q). See 47 C.F.R. S: 17.21 (requiring all antenna structures more than 60.96 meters in height above ground to be painted and lighted). See also Antenna Structure Registration database for antenna structure number 1055591 and antenna structure registration number 1055594. See Antenna Structure Registration database for antenna structure number 1055590 and antenna structure number 1055593. See Williamson County Tennessee Property Assessor Database. On February 10, 2012,
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- 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. 47 U.S.C. S: 303(q). 47 C.F.R. S: 17.50. 47 C.F.R. S: 17.48(a). 47 C.F.R. S: 17.51(a). See 47 C.F.R. S: 17.21(a) (requiring antenna structures more than 60.96 meters in height above the ground to be painted and lighted). See also Antenna Structure Registration database for antenna structure number 1214169. 47 C.F.R. S: 17.57. 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
- http://transition.fcc.gov/eb/Orders/2012/DA-12-874A1.html
- Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail to Martin Broadcasting, Inc. at P.O. Box 419, Baytown, Texas 77522-0419. FEDERAL COMMUNICATIONS COMMISSION Stephen P. Lee Resident Agent Houston Office South Central Region Enforcement Bureau 47 U.S.C. S: 303(q); 47 C.F.R. S:S: 17.47(a), 17.51(a). See 47 C.F.R. S: 17.21(a) (requiring antenna structures more than 60.96 meters in height above the ground to be painted and lighted). See also Antenna Structure Registration database for antenna structure number 1060813. Local sunset time was 5:16 p.m. Red obstruction lighting is required to be exhibited from sunset until sunrise. See 47 C.F.R. S: 17.51(a). A Notice to Airmen (NOTAM) had been issued for
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- supplementary responses on June 30 and July 20, 2000. II. BACKGROUND 3. Kona Koast owns an antenna tower (``tower'') in Kealakekua, Hawaii, with the registration number 1063428. On July 13, 1999, agents from the Honolulu Office conducted an inspection of the tower and determined that it exceeds 200 feet in height and must, therefore, be painted in accordance with Section 17.21 of the Rules. During the inspection, the agents observed that the tower's paint was severely faded, chipped and flaking. 4. On July 15, 1999, the Honolulu Office issued an Official Notice of Violation ("NOV") to Kona Koast for failure to maintain the tower's paint. In its reply to the NOV, received August 9, 1999, Kona Koast stated that the tower
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- II. BACKGROUND 3. Natchez is the licensee of FM Station WTYJ in Fayette, Mississippi, and owns that station's antenna tower (``tower''). On March 19, 1999, an agent from the Commission's New Orleans Field Office conducted an inspection of the tower and determined that it exceeds 200 feet in height and must, therefore, be painted and illuminated in accordance with Section 17.21 of the Rules. During the inspection, the agent observed that the tower's lights were not functioning, that its paint was severely chipped and faded, and that the antenna tower's registration number was not posted on the tower. 4. On March 31, 1999, the New Orleans Field Office issued an Official Notice of Violation ("NOV") to Natchez for failure to maintain
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- ORDER Adopted: March 22, 2000 Released: March 23, 2000 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) against Kel-Comm Broadcasting, Inc., for willful and repeated violations of Section 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, and 17.50 of the Commission's Rules (``Rules''). The noted violations involve failure to respond to a Notice of Violation, failure to comply with prescribed tower marking requirements, failure to register the tower, and failure to install and operate EAS equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in
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- ORDER Adopted: March 22, 2000 Released: March 23, 2000 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) against Mar-Comm Broadcasting, Inc., for willful and repeated violations of Section 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, 17.50 and 17.56(a) of the Commissions' Rules (``Rules'').1 The noted violations involve failure to respond to a Notice of Violation, failure to comply with prescribed tower marking requirements, failure to register the tower and failure to install and operate EAS equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture
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- Lights Should Be Exhibited). Saint Paul, MN Resident Agent Office (4/30/02). * Pinnacle Towers, La Crosse. Other violation: 47 C.F.R. 17.51 (Time When Lights Should Be Exhibited). Saint Paul, MN Resident Agent Office (4/30/02) * 47 C.F.R. 17.6 Responsibility of Commission Licensees and Permittees * ZGS Broadcasting of Tampa, Inc., Tampa, FL. Tampa, FL District Office (4/10/02). * 47 C.F.R. 17.21 Painting and Lighting, When Required * Pinnacle Towers, Inc., Sarasota, FL. Tampa, FL District Office (4/8/02). * Adrienne Arsht, Potomac, MD. Tampa, FL District Office (4/10/02). * American Tower through American Tower Management, Inc., Atlanta, GA. Tampa, FL District Office (4/17/02). * American Tower Thru OmniAmerica Holding, Atlanta, GA. Tampa, FL District Office (4/17/02). * Crown Castle GT Company, LLC,
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- and 17.51 (Time When Lights Should Be Exhibited). Tampa, FL District Office (6/20/02). * Moffatt Properties Leasing LLC, Tupelo, MS. $2,000 NAL. New Orleans, LA District Office (6/24/02). * East Tennessee Radio Group, L.P., Dalton, GA. $5,000 NAL. Other violation: 47 C.F.R. 17.57 (Report of Radio Transmitting Antenna Construction, Alteration and/or Removal). Atlanta, GA District Office (6/27/02). * 47 C.F.R. 17.21 Painting and Lighting, When Required * United States Cellular Corporation, Chicago, IL, owner of Antenna Structure No. 1233307 near Ellsworth, Iowa. $10,000 NAL. Other violation: 47 C.F.R. 17.45 (Temporary Warning Lights). Kansas City, MO District Office (6/5/02). * Haviland Telephone Co., Inc., Haviland, KS. $10,000 NAL. Kansas City, MO District Office (6/13/02). * Morgan Tower, Inc., Cinnaminson, NJ. $10,000 NAL.
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- Services * 47 C.F.R. 80.953 Inspection and Certification * KYS Inc., Sandusky, OH. $2,200 NAL. Detroit, MI District Office (12/31/01). NOTICES OF VIOLATION 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.89 Failure to Respond to Notice of Violation * Larry Birch DBA Birches Communications, Mays Landing, NJ. Other violations: 47 C.F.R. 17.4(a) (Antenna Structure Registration Number) and 17.21 (Painting and Lighting, When Required). Philadelphia, PA District Office (12/21/01). 47 C.F.R. Part 11 Emergency Alert System * 47 C.F.R. 11.15 EAS Operating Handbook * KM Radio of Merced, LLC, Merced, CA (KBKY(FM)). Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.267 (Determining Operating Power), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1226
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- the instructions and by the deadline set forth in the NAL. Communications Act * 47 U.S.C. 301 Unauthorized Operation * Nextel WIP License Corp., Eden Palehua Ridge, HI. $10,000 NAL. Honolulu, HI Resident Agent Office (9/30/02). * 47 U.S.C. 303(q) Antenna Structure Painting and Lighting * Max Media of Montana, LLC, Great Falls, MT. $13,000 NAL. Other violations: 47 C.F.R. 17.21 (Painting and Lighting, When Required), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal). Seattle, WA District Office (9/27/02). 47 C.F.R. Part 11 Emergency Alert System Rules * 47 C.F.R. 11.35 Equipment Operational Readiness * American Family Association, KAUF, Tupelo, MS. $9,000 NAL. Other violations: 47 C.F.R. 73.3527 (Local
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- Systems, Inc., Texarkana, AR. $3,000 NAL. Dallas, TX District Office (10/7/02). * Piedmont Radio Co, WPID, Piedmont, AL. $10,000 NAL. Other violation: 47 C.F.R. 73.1125 (Station Main Studio Location). Atlanta, GA District Office (10/15/2002). * Meade County Communications, Inc., WMMG-FM, Bradenburg, KY. $3,000 NAL. Chicago, IL District Office (10/18/02). * Three Angels Corp., St. Thomas, USVI. $13,000 NAL. Other violation: 17.21 (Lighting and Painting Requirements, When Required). San Juan, PR Resident Agent Office (10/22/02). * Grass Roots Broadcasting, LLC, WAMM, Woodstock, VA. $20,000 NAL. Other violations: 47 C.F.R. 17.50 (Cleaning and Repainting) and 73.1125 (Main Studio Location). Columbia, MD District Office (10/23/02). * Good Radio Broadcasting Corporation, Allendale, SC. $3,000 NAL. Atlanta, GA District Office (10/25/02). * 47 C.F.R. 17.4(g) Posting
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- Francisco, CA District Office (1/30/02). * American Tower, L.P., Oroville, CA (ASR# 1202000). San Francisco, CA District Office (1/30/02). * State of California, Oroville, CA (ASR# 1202233). San Francisco, CA District Office (1/30/02). * 47 C.F.R. 17.6 Responsibility of Commission Licensees and Permittees * GTE Hawaiian Telephone Company, Inc., Irving, TX. Honolulu, HI Resident Agent Office (1/29/02). * 47 C.F.R. 17.21 Painting and Lighting, When Required * Morgan Towers, Inc., Cinnaminson, NJ. Philadelphia, PA District Office (1/10/02). * 47 C.F.R. 17.23 Specifications for Painting and Lighting Antenna Structures * AT&T Wireless Services, Inc., Center Township, PA. Philadelphia, PA District Office (1/13/02). * 47 C.F.R. 17.48 Notification of Extinguishment or Improper Functioning of Lights * Wisconsin RSA No. 8 Limited Partnership, Barlington,
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- * Metro Communications, Inc., Radio Station WWCA, Gary, IN. Other violation: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notice of Extinguishment or Improper Functioning of Lights) and 73.1125 (Main Studio Location). Chicago, IL District Office (2/12/02). * Jordan Realty, Pottsville, PA. Other violation: 47 C.F.R. 17.7 (Antenna Structures Requiring notification to the FAA) and 17.21 (Painting and Lighting, When Required). Philadelphia, PA District Office (2/14/02). * Meade County Communications Inc., WMMG, Brandenburg, KY. Chicago, IL District Office (2/26/02). * Indian River County Board of Commissioners, Vero Beach, FL. Tampa, FL District Office (2/27/02). * Kokosing Construction Company, Inc., Fredericktown, OH. Other violations: 47 C.F.R. 17.21 (Painting and Lighting, When Required) and 17.50 (Cleaning and Repainting).
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- Antenna Structure #1019051, King George, VA. Columbia, MD District Office (3/29/02). * Washington DC MSSA LTD Partnership, d.b.a. Bell Atlantic Nynex Mobile, Antenna Structure #1037981, Office Hall, VA. Columbia, MD District Office (3/29/02). * 47 C.F.R. 17.6 Responsibility of Commission Licensees and Permittees * Gold Coast Broadcasting Company, Santa Monica, CA. Los Angeles, CA District Office (3/6/02). * 47 C.F.R. 17.21 Painting and Lighting, When Required * Time Warner Entertainment, Advance Newhouse Partnership, Maitland, FL. Tampa, FL District Office (3/8/02). * Pinnacle Towers, Inc., Sarasota, FL. Tampa, FL District Office (3/25/02). * 47 C.F.R. 17.22 Particular Specifications to be Used * Matanuska Kenai Inc., DBA Cellular Connection, Wasilla, AK. Anchorage, AK Resident Agent Office (3/12/02). * 47 C.F.R. 17.48 Notification of
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- Cybertel Cellular Telephone Co., Hoffman Estates, IL. Kansas City, MO District Office (6/21/00). Cybertel RSA Cellular LP, Hoffman Estates, IL. Kansas City, MO District Office (6/21/00). Hood River Cellular Telephone Company, Pueblo, CO. Denver, CO District Office (6/21/00). Telecorp Communications, Inc., Arlington, VA. Kansas City, MO District Office (6/21/00). WWC Holding Company, Inc., Trinidad, CO. Other violation: 47 C.F.R. 17.21 (Painting and Lighting, When Required). Denver, CO District Office (6/21/00). Charter Communications, Worcester, MA. Boston, MA District Office (6/22/00). US West Communications Wireless, Thornton, CO. Portland, OR Resident Agent Office (6/22/00). VoiceStream Wireless, Portland, Oregon. Portland, OR Resident Agent Office (6/22/00). Airtouch Communications, Inc., Bellevue, WA. Portland, OR Resident Agent Office (6/23/00). American Tower, Alexandria, VA. Atlanta, GA District Office
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- 17.50 (Cleaning and Repainting). New Orleans, LA District Office (7/28/00). American Tower Corporation, Boston, MA. Detroit, MI District Office (7/31/00). Gemini Broadcasting Group, Hagerstown, MD, WQCM-FM. Other violation: 47 C.F.R. 73.1870(Chief Operators). Columbia, MD District Office (7/31/00). Gemini Broadcasting Group, Hagerstown, MD, WHAG-AM. Other violation: 47 C.F.R. 73.1870(Chief Operator). Columbia MD District Office (7/31/00). 47 C.F.R. 17.21 - Painting and Lighting When Required American Tower Corporation, Atlanta, GA. Other violation: 47 C.F.R. 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Renewal). Tampa, FL District Office (7/17/00). 47 C.F.R. 17.23 - Specifications for Painting and Lighting Antenna Structures Washington State University d/b/a KFAE-FM, Kennewick, WA. Seattle, WA District Office (7/24/00). Detroit SMSA Limited Partnership, Hoffman
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- Log) and 73.3526 (Local Public Inspection File for Commercial Stations). New Orleans, LA District Office (3/29/01). City of Belleville, Belleville, IL. Chicago, IL District Office (3/30/01). 47 C.F.R. 17.4(g) - Posting of Antenna Structure Registration Numbers Hawaiian Wireless, Inc., Providence, RI. Honolulu, HI Resident Agent Office (3/1/01). Quad States Towers & Communications, Luverne, MN. Other violations: 47 C.F.R. 17.21 (Painting and Lighting, When Required) and 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Chicago, IL District Office (3/1/01). Trogden Zelbie, Glendale, CA. Los Angeles, CA District Office (3/1/01). AT&T Wireless Services, Inc., Baltimore, MD. Columbia, MD District Office (3/5/01). Celulares Telefonica (KNKA464), San Juan, PR. Other violation: 47 C.F.R. 17.50 (Cleaning and Repainting) San Juan, PR Resident
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- Repainting), 17.56 (Maintenance of Lighting Equipment), 73.49 (AM Transmission System Fencing Requirements) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (4/16/01). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. 17.4(a) - Antenna Structure Registration Centennial Puerto Rico License Corp., Washington, DC. $13,000 NAL. Other violation: 47 C.F.R. 17.21 (Painting and Lighting, When Required). San Juan, PR Resident Agent Office (4/23/01) 47 C.F.R. 17.51 - Time When Lights Should Be Exhibited American InfoAge, LLC, Clearwater, FL. $10,000 NAL. Tampa, FL District Office (4/25/01). Mega Communications of St. Petersburg, Licensee, LLC, St. Petersburg, FL $10,000 NAL. Tampa, FL District Office (4/25/01). SpectraSite Communications, Inc., Cary, NC. $10,000 NAL. Tampa,
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- of America, Heartwell, NE. Kansas City, MO District Office (5/21/01). Verizon Wireless, Alpharetta, GA. Portland, OR Resident Agent Office (5/25/01). Ned E. dba H Services, Sterling, AK. Anchorage, AK Resident Agent Office (5/29/01). Star Oil Company, Portland, OR. Portland, OR Resident Agent Office (5/29/01). VoiceStream PCS I License, LLC, Bellevue, WA. Portland, OR Resident Agent Office (5/31/01). 47 C.F.R. 17.21 - Painting and Lighting, When Required Omni Tower, Inc., Jackson NJ. Other violations: 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Philadelphia, PA District Office (5/30/01). 47 C.F.R. 17.23 - Specifications for Painting and Lighting of Antenna Structures Chicago Tower Leasing Corp., Park Ridge, IL. Chicago, IL District Office (5/1/01). Norlight Inc., Brookfield, WI. Chicago,
- http://transition.fcc.gov/eb/Public_Notices/da012540.html http://transition.fcc.gov/eb/Public_Notices/da012540.pdf
- 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log) and 73.1870 (Chief Operator). Dallas, TX District Office (9/25/01). 47 C.F.R. Part 17 Construction, Marking & Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * Larry Birch d.b.a. Birches Communications, Mays Landing, NJ. Other violations: 47 C.F.R. 17.7 (Antenna Structures Requiring Notification to the FAA) and 17.21 (Painting and Lighting, When Required). Philadelphia, PA District Office (9/12/01). * Bresnan Telecommunications Company, LLC. St. Paul, MN Resident Agent Office (9/28/01). * 47 C.F.R. 17.4(g) Posting of Antenna Structure Registration Numbers * Pinnacle Towers Inc, Sarasota, FL. Chicago, IL District Office (9/6/01). * NStar Electric, W. Yarmouth, MA. Other violations: 47 C.F.R. 17.6 (Responsibility of Commission licensees and permittees)
- http://transition.fcc.gov/eb/Public_Notices/da012948.html http://transition.fcc.gov/eb/Public_Notices/da012948.pdf
- Dallas, TX District Office (11/13/01). * Apple Broadcasting Company, Inc., WGDN(AM), Gladwin, MI. Other violations: 47 C.F.R. 73.1690 (Modification of Transmission Systems) and 73.1745 (Unauthorized Operation). Detroit, MI District Office (11/14/01). * Howard County Government, Howard County, MD. Columbia, MD District Office (11/16/01). * Spectrum Resources Towers, Carson City, NV(ASR 1204302). San Francisco, CA District Office (11/21/01). * 47 C.F.R. 17.21 Painting and Lighting, When Required * Leonard Stevens, Morgan Towers, Inc., Cinnaminson, NJ. Philadelphia, PA District Office (11/30/01). * 47 C.F.R. 17.23 Specifications for Painting and Lighting of Antenna Structures * Crown Communications, Canonsburg, PA. Philadelphia, PA District Office (11/16/01). * AT&T Wireless Services, Inc., Bluffdale, UT (ASR #1039565). Other violation: 47 C.F.R. 17.48 ( Notification of Extinguishment or Improper
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ror00.pdf
- 3.56 (1.33) 4.01 (13.13) (10.88) (0.04) GTE North Inc. (Total IA+MN GTE) 13.16 13.69 9.97 26 GTE Midwest Inc. (Missouri - GTMO) 19.32 11.82 16.08 17.88 19.84 17.18 18.20 13.48 13.99 13.30 GTE Midwest Inc. (Nebraska - GTNE) 1/ 35.00 30.08 27.35 28.86 21.67 20.35 13.84 12.74 8.70 27 GTE North Inc. (Ohio - GTOH) 21.86 21.70 21.83 24.37 21.20 17.21 16.90 12.66 12.91 10.55 28 GTE North Inc. (Pennsylvania - GTPA) 22.06 21.41 14.67 20.62 18.91 14.02 14.81 11.72 12.42 12.82 29 GTE North Inc. (Wisconsin - GTWI) 17.04 17.85 16.08 18.75 17.99 13.96 13.65 13.85 13.00 10.43 30 GTE Northwest Inc. (Oregon - GTOR) 31.01 31.56 27.03 28.23 23.50 18.89 16.20 31 GTE Northwest Inc. (Washington- GTWA) 33.40 32.91
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ror96.pdf
- 107,634 21,805 276,919 7.87 (1,712) 0 21GTE ILLINOIS + ALLTEL ILLINOIS (GTIL + GLIL) 105,077 79,530 25,547 173,900 14.69 (1,929) 0 22GTE INDIANA + ALLTELL INDIANA (GTIN + GLIN) 122,914 91,456 31,459 167,340 18.80 (3,018) 0 23GTE MICHIGAN + ALLTEL MICHIGAN (GTMI + GLMI) 94,039 73,261 20,778 181,442 11.45 (1,479) 0 24GTE NORTH INC. (OHIO GTE) 110,224 81,272 28,952 168,223 17.21 (1,367) 0 25GTE NORTH INC. (PENNSYLVANIA GTE) 67,709 52,107 15,601 111,268 14.02 (427) 0 26GTE NORTH INC. (WISCONSIN GTE) 67,719 51,685 16,034 114,832 13.96 (541) 0 27GTE NORTH INC. (ILLINOIS CONTEL) 30,972 22,699 8,273 34,174 24.21 (691) 0 28GTE NORTH INC. (INDIANA CONTEL) 29,308 22,047 7,261 31,203 23.27 (1,062) 0 29GTE MIDWEST INC. (IOWA ONLY - GTIA) 19,515 14,859 4,656
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ror97.pdf
- 11/ 24.56 22.68 16.49 19.05 32 CONTEL OF MINNESOTA - GTMN 11/ 6.03 (13.13) (10.88) (0.04) GTE NORTH INC. (TOTAL IA+MN GTE) 11/ 13.16 13.69 9.97 33 GTE MIDWEST INC. (MISSOURI GTE) 16.63 19.84 17.18 18.20 13.48 13.99 13.30 34 GTE MIDWEST INC. (NEBRASKA GTE) 27.12 28.86 21.67 20.35 13.84 12.74 8.70 35 GTE NORTH INC. (OHIO GTE) 25.41 21.20 17.21 16.90 12.66 12.91 10.55 36 GTE NORTH INC. (PENNSYLVANIA GTE) 25.24 18.91 14.02 14.81 11.72 12.42 12.82 37 GTE NORTH INC. (WISCONSIN GTE) 18.36 17.99 13.96 13.65 13.85 13.00 10.43 38 GTE NORTHWEST INC. (OREGON ONLY - GTOR) 12/ 14/ 28.29 23.50 18.89 16.20 39 GTE NORTHWEST INC. (WASHINGTON ONLY - GTWA) 12/ 24.43 21.60 15.87 13.67 40 WEST COAST
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ror98.pdf
- OF MINNESOTA - GTMN 10/ 1.33 4.01 (13.13) (10.88) (0.04) GTE NORTH INC. (TOTAL IA+MN GTE) 10/ 13.16 13.69 9.97 34 GTE MIDWEST INC. (MISSOURI - GTMO) 17.62 17.88 19.84 17.18 18.20 13.48 13.99 13.30 35 GTE MIDWEST INC. (NEBRASKA - GTNE) 32.68 27.35 28.86 21.67 20.35 13.84 12.74 8.70 36 GTE NORTH INC. (OHIO - GTOH) 23.91 24.37 21.20 17.21 16.90 12.66 12.91 10.55 37 GTE NORTH INC. (PENNSYLVANIA - GTPA) 16.71 20.62 18.91 14.02 14.81 11.72 12.42 12.82 38 GTE NORTH INC. (WISCONSIN - GTWI) 17.90 18.75 17.99 13.96 13.65 13.85 13.00 10.43 39 GTE NORTHWEST INC. (OREGON - GTOR) 11/ 13/ 28.48 28.23 23.50 18.89 16.20 40 GTE NORTHWEST INC. (WASHINGTON - GTWA) 11/ 29.16 24.41 21.60 15.87
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ror99.pdf
- 14/ 2.03 (1.33) 4.01 (13.13) (10.88) (0.04) GTE North Inc. (Total IA+MN GTE) 14/ 13.16 13.69 9.97 33 GTE Midwest Inc. (Missouri - GTMO) 11.87 16.08 17.88 19.84 17.18 18.20 13.48 13.99 13.30 34 GTE Midwest Inc. (Nebraska - GTNE) 35.21 30.08 27.35 28.86 21.67 20.35 13.84 12.74 8.70 35 GTE North Inc. (Ohio - GTOH) 22.13 21.83 24.37 21.20 17.21 16.90 12.66 12.91 10.55 36 GTE North Inc. (Pennsylvania - GTPA) 23.11 14.67 20.62 18.91 14.02 14.81 11.72 12.42 12.82 37 GTE North Inc. (Wisconsin - GTWI) 18.12 16.08 18.75 17.99 13.96 13.65 13.85 13.00 10.43 38 GTE Northwest Inc. (Oregon - GTOR) 15/ 17/ 31.75 27.03 28.23 23.50 18.89 16.20 39 GTE Northwest Inc. (Washington- GTWA) 15/ 33.08 27.33
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/trend100.pdf
- of Minnesota - GTMN 14/ (0.71) 4.01 (13.13) (10.88) (0.04) GTE North Inc. (Total IA+MN GTE) 14/ 13.16 13.69 9.97 34 GTE Midwest Inc. (Missouri - GTMO) 16.24 17.88 19.84 17.18 18.20 13.48 13.99 13.30 35 GTE Midwest Inc. (Nebraska - GTNE) 29.69 27.35 28.86 21.67 20.35 13.84 12.74 8.70 36 GTE North Inc. (Ohio - GTOH) 21.56 24.37 21.20 17.21 16.90 12.66 12.91 10.55 37 GTE North Inc. (Pennsylvania - GTPA) 14.64 20.62 18.91 14.02 14.81 11.72 12.42 12.82 38 GTE North Inc. (Wisconsin - GTWI) 15.92 18.75 17.99 13.96 13.65 13.85 13.00 10.43 39 GTE Northwest Inc. (Oregon - GTOR) 15/ 17/ 26.57 28.23 23.50 18.89 16.20 40 GTE Northwest Inc. (Washington- GTWA) 15/ 27.43 24.41 21.60 15.87 13.67
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/trend199.pdf
- 11/ 24.56 22.68 16.49 19.05 32 CONTEL OF MINNESOTA - GTMN 11/ 6.03 (13.13) (10.88) (0.04) GTE NORTH INC. (TOTAL IA+MN GTE) 11/ 13.16 13.69 9.97 33 GTE MIDWEST INC. (MISSOURI GTE) 16.63 19.84 17.18 18.20 13.48 13.99 13.30 34 GTE MIDWEST INC. (NEBRASKA GTE) 27.12 28.86 21.67 20.35 13.84 12.74 8.70 35 GTE NORTH INC. (OHIO GTE) 25.41 21.20 17.21 16.90 12.66 12.91 10.55 36 GTE NORTH INC. (PENNSYLVANIA GTE) 25.24 18.91 14.02 14.81 11.72 12.42 12.82 37 GTE NORTH INC. (WISCONSIN GTE) 18.36 17.99 13.96 13.65 13.85 13.00 10.43 38 GTE NORTHWEST INC. (OREGON ONLY - GTOR) 12/ 14/ 28.29 23.50 18.89 16.20 39 GTE NORTHWEST INC. (WASHINGTON ONLY - GTWA) 12/ 24.43 21.60 15.87 13.67 40 WEST COAST
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/trend200.pdf
- 14/ 2.03 (1.33) 4.01 (13.13) (10.88) (0.04) GTE North Inc. (Total IA+MN GTE) 14/ 13.16 13.69 9.97 33 GTE Midwest Inc. (Missouri - GTMO) 11.87 16.08 17.88 19.84 17.18 18.20 13.48 13.99 13.30 34 GTE Midwest Inc. (Nebraska - GTNE) 35.21 30.08 27.35 28.86 21.67 20.35 13.84 12.74 8.70 35 GTE North Inc. (Ohio - GTOH) 22.13 21.83 24.37 21.20 17.21 16.90 12.66 12.91 10.55 36 GTE North Inc. (Pennsylvania - GTPA) 23.11 14.67 20.62 18.91 14.02 14.81 11.72 12.42 12.82 37 GTE North Inc. (Wisconsin - GTWI) 18.12 16.08 18.75 17.99 13.96 13.65 13.85 13.00 10.43 38 GTE Northwest Inc. (Oregon - GTOR) 15/ 17/ 31.75 27.03 28.23 23.50 18.89 16.20 39 GTE Northwest Inc. (Washington- GTWA) 15/ 33.08 27.33
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/trend298.pdf
- 11/ 24.56 22.68 16.49 19.05 32 CONTEL OF MINNESOTA - GTMN 11/ 6.03 (13.13) (10.88) (0.04) GTE NORTH INC. (TOTAL IA+MN GTE) 11/ 13.16 13.69 9.97 33 GTE MIDWEST INC. (MISSOURI GTE) 16.63 19.84 17.18 18.20 13.48 13.99 13.30 34 GTE MIDWEST INC. (NEBRASKA GTE) 27.12 28.86 21.67 20.35 13.84 12.74 8.70 35 GTE NORTH INC. (OHIO GTE) 25.41 21.20 17.21 16.90 12.66 12.91 10.55 36 GTE NORTH INC. (PENNSYLVANIA GTE) 25.24 18.91 14.02 14.81 11.72 12.42 12.82 37 GTE NORTH INC. (WISCONSIN GTE) 18.36 17.99 13.96 13.65 13.85 13.00 10.43 38 GTE NORTHWEST INC. (OREGON ONLY - GTOR) 12/ 14/ 28.29 23.50 18.89 16.20 39 GTE NORTHWEST INC. (WASHINGTON ONLY - GTWA) 12/ 24.43 21.60 15.87 13.67 40 WEST COAST
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/trend299.pdf
- of Minnesota - GTMN 14/ (0.71) 4.01 (13.13) (10.88) (0.04) GTE North Inc. (Total IA+MN GTE) 14/ 13.16 13.69 9.97 34 GTE Midwest Inc. (Missouri - GTMO) 16.24 17.88 19.84 17.18 18.20 13.48 13.99 13.30 35 GTE Midwest Inc. (Nebraska - GTNE) 29.69 27.35 28.86 21.67 20.35 13.84 12.74 8.70 36 GTE North Inc. (Ohio - GTOH) 21.56 24.37 21.20 17.21 16.90 12.66 12.91 10.55 37 GTE North Inc. (Pennsylvania - GTPA) 14.64 20.62 18.91 14.02 14.81 11.72 12.42 12.82 38 GTE North Inc. (Wisconsin - GTWI) 15.92 18.75 17.99 13.96 13.65 13.85 13.00 10.43 39 GTE Northwest Inc. (Oregon - GTOR) 15/ 17/ 26.57 28.23 23.50 18.89 16.20 40 GTE Northwest Inc. (Washington- GTWA) 15/ 27.43 24.41 21.60 15.87 13.67
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/trend801.pdf
- 17/ (0.04)(10.88)(13.13) 4.01 (1.33) 3.56 14/ GTE North Inc. (Total IA+MN GTE) 17/ 9.97 13.69 13.16 26 GTE Midwest Inc. (Missouri - GTMO) 13.30 13.99 13.48 18.20 17.18 19.84 17.88 16.08 11.82 19.32 GTE Midwest Inc. (Nebraska - GTNE) 8.70 12.74 13.84 20.35 21.67 28.86 27.35 30.08 35.00 14/ 27 GTE North Inc. (Ohio - GTOH) 10.55 12.91 12.66 16.90 17.21 21.20 24.37 21.83 21.70 21.86 28 GTE North Inc. (Pennsylvania - GTPA) 12.82 12.42 11.72 14.81 14.02 18.91 20.62 14.67 21.41 22.06 29 GTE North Inc. (Wisconsin - GTWI) 10.43 13.00 13.85 13.65 13.96 17.99 18.75 16.08 17.85 17.04 30 GTE Northwest Inc. (Oregon - GTOR) 18/ 20/ 16.20 18.89 23.50 28.23 27.03 31.56 31.01 31 GTE Northwest Inc. (Washington-
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-11.pdf
- 120,773 60,342 59,913 49.61 Cincinnati Bell Telephone Company - Kentucky KY 55,188 50,565 4,609 8.35 BellSouth - Kentucky KY 176,423 125,076 51,617 29.26 BellSouth - Louisiana LA 328,884 235,454 94,007 28.58 Verizon - New England - Maine ME 42,141 23,799 18,345 43.53 Verizon - Maryland MD 155,159 57,091 98,028 63.18 Verizon - New England - Massachusetts MA (121,949) (142,897) 20,991 -17.21 Verizon - North - Michigan MI 78,055 52,304 25,729 32.96 SBC - Ameritech - Michigan MI 297,882 141,612 155,222 52.11 Qwest - Minnesota MN 165,723 57,970 107,717 65.00 BellSouth - Mississippi MS 270,415 220,722 50,103 18.53 SBC - Southwestern Bell - Missouri MO 218,508 103,454 113,962 52.15 Sprint - United Telephone Company of Missouri MO 69,588 42,260 27,329 39.27 Qwest
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs01-0.pdf
- COMPANY 3.34 3.03 0.30 0.43 401790 C CONTEL KS DBA GTE SYSTEMS OF ARKANSAS 1.05 4.03 -2.86 -100.00 402080 C GTE SOUTHWEST INC. - AR -9.15 3.42 -12.15 -44.42 403031 C SCOTT COUNTY TELEPHONE COMPANY 1.65 -0.79 2.46 1.85 405211 C SOUTHWESTERN BELL-ARKANSAS 6.97 6.06 0.86 -2.18 TOTAL: CALIFORNIA 0.96 2.32 -1.33 6.43 542301 C CALAVERAS TELEPHONE COMPANY -8.32 10.74 -17.21 -29.15 542302 C CONTEL OF CALIFORNIA, INC. - CA -1.44 3.52 -4.79 0.00 542308 C CITIZENS UTILITIES CO. OF CALIF. 9.88 8.38 1.38 8.90 542311 C CAL-ORE TELEPHONE CO. -0.61 -0.58 -0.03 -3.14 542313 C DUCOR TELEPHONE COMPANY -6.74 4.46 -10.72 -12.19 542315 C EVANS TELEPHONE COMPANY 2.08 3.42 -1.29 -10.67 542318 C FORESTHILL TELEPHONE COMPANY -1.49 6.24 -7.28 -14.25
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000476.doc
- II. BACKGROUND 3. Natchez is the licensee of FM Station WTYJ in Fayette, Mississippi, and owns that station's antenna tower (``tower''). On March 19, 1999, an agent from the Commission's New Orleans Field Office conducted an inspection of the tower and determined that it exceeds 200 feet in height and must, therefore, be painted and illuminated in accordance with Section 17.21 of the Rules. During the inspection, the agent observed that the tower's lights were not functioning, that its paint was severely chipped and faded, and that the antenna tower's registration number was not posted on the tower. 4. On March 31, 1999, the New Orleans Field Office issued an Official Notice of Violation ("NOV") to Natchez for failure to maintain
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000636.doc
- ORDER Adopted: March 22, 2000 Released: March 23, 2000 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) against Kel-Comm Broadcasting, Inc., for willful and repeated violations of Section 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, and 17.50 of the Commission's Rules (``Rules''). The noted violations involve failure to respond to a Notice of Violation, failure to comply with prescribed tower marking requirements, failure to register the tower, and failure to install and operate EAS equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000637.doc
- ORDER Adopted: March 22, 2000 Released: March 23, 2000 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) against Mar-Comm Broadcasting, Inc., for willful and repeated violations of Section 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, 17.50 and 17.56(a) of the Commissions' Rules (``Rules'').1 The noted violations involve failure to respond to a Notice of Violation, failure to comply with prescribed tower marking requirements, failure to register the tower and failure to install and operate EAS equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002055.doc
- supplementary responses on June 30 and July 20, 2000. II. BACKGROUND 3. Kona Koast owns an antenna tower (``tower'') in Kealakekua, Hawaii, with the registration number 1063428. On July 13, 1999, agents from the Honolulu Office conducted an inspection of the tower and determined that it exceeds 200 feet in height and must, therefore, be painted in accordance with Section 17.21 of the Rules. During the inspection, the agents observed that the tower's paint was severely faded, chipped and flaking. 4. On July 15, 1999, the Honolulu Office issued an Official Notice of Violation ("NOV") to Kona Koast for failure to maintain the tower's paint. In its reply to the NOV, received August 9, 1999, Kona Koast stated that the tower
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.doc http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.html
- Cybertel Cellular Telephone Co., Hoffman Estates, IL. Kansas City, MO District Office (6/21/00). Cybertel RSA Cellular LP, Hoffman Estates, IL. Kansas City, MO District Office (6/21/00). Hood River Cellular Telephone Company, Pueblo, CO. Denver, CO District Office (6/21/00). Telecorp Communications, Inc., Arlington, VA. Kansas City, MO District Office (6/21/00). WWC Holding Company, Inc., Trinidad, CO. Other violation: 47 C.F.R. 17.21 (Painting and Lighting, When Required). Denver, CO District Office (6/21/00). Charter Communications, Worcester, MA. Boston, MA District Office (6/22/00). US West Communications Wireless, Thornton, CO. Portland, OR Resident Agent Office (6/22/00). VoiceStream Wireless, Portland, Oregon. Portland, OR Resident Agent Office (6/22/00). Airtouch Communications, Inc., Bellevue, WA. Portland, OR Resident Agent Office (6/23/00). American Tower, Alexandria, VA. Atlanta, GA District Office
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001850.doc
- 17.50 (Cleaning and Repainting). New Orleans, LA District Office (7/28/00). American Tower Corporation, Boston, MA. Detroit, MI District Office (7/31/00). Gemini Broadcasting Group, Hagerstown, MD, WQCM-FM. Other violation: 47 C.F.R. 73.1870(Chief Operators). Columbia, MD District Office (7/31/00). Gemini Broadcasting Group, Hagerstown, MD, WHAG-AM. Other violation: 47 C.F.R. 73.1870(Chief Operator). Columbia MD District Office (7/31/00). 47 C.F.R. 17.21 - Painting and Lighting When Required American Tower Corporation, Atlanta, GA. Other violation: 47 C.F.R. 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Renewal). Tampa, FL District Office (7/17/00). 47 C.F.R. 17.23 - Specifications for Painting and Lighting Antenna Structures Washington State University d/b/a KFAE-FM, Kennewick, WA. Seattle, WA District Office (7/24/00). Detroit SMSA Limited Partnership, Hoffman
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd021031.html
- GEORGIA, ET AL. V. BELLSOUTH TELECOMMUNICATIONS, INC. Dismissed pole attachment complaint and terminated proceedings because the parties have reached a settlement. Action by: Assistant Chief, Enforcement Bureau. Adopted: 10/30/2002 by ORDER. (DA No. 02-2922). EB [66]DA-02-2922A1.doc [67]DA-02-2922A1.pdf [68]DA-02-2922A1.txt UNITED STATES CELLULAR CORPORATION. Cancelled $10,000.00 Notice of Apparent Liability for Forfeiture issued to United States Cellular Corporation for apparently violating Sections 17.21 & 17.45 of the Commission's Rules. Action by: Chief, Enforcement Bureau. Adopted: 10/28/2002 by MO&O. (DA No. 02-2856). EB [69]DA-02-2856A1.doc [70]DA-02-2856A1.pdf [71]DA-02-2856A1.txt AT&T WIRELESS SERVICES, INC. Issued a monetary forfeiture in the amount of $117,000 to AT&T Wireless for seven willful and/or repeated violations of Section 303(q) of the Communications Act and Part 17 of the Rules regarding construction, marking
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd030311.html
- the Application for Review seeking review of a letter ruling denying a viewer's complaint. Action by: the Commission. Adopted: 03/06/2003 by MO&O. (FCC No. 03-50). EB [23]FCC-03-50A1.doc [24]FCC-03-50A1.pdf [25]FCC-03-50A1.txt MORGAN TOWER, INC. Issued a monetary forfeiture in the amount of $10,000 to Morgan Tower, Inc. for failing to light and adequately paint the captioned antenna structure in violation of Section 17.21(a) of the Commission's Rules. Action by: Chief, Enforcement Bureau. Adopted: 03/07/2003 by Forfeiture Order. (DA No. 03-691). EB [26]DA-03-691A1.doc [27]DA-03-691A1.pdf [28]DA-03-691A1.txt AMENDMENT OF PART 90 OF THE COMMISSION'S RULES AND POLICIES FOR APPLICATIONS AND LICENSING OF LOW POWER OPERATIONS IN THE PRIVATE LAND MOBILE RADIO 450-470 MHZ BAND. Revised the rules in this proceeding to serve the public interest by
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237586A1.html
- Norman is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. Stan Norman is the owner of a tower in East Sparta, Ohio (located at north latitude 40 40' 17'', west longitude 081 23' 59''). The tower exceeds 200 feet in height, and must therefore be painted and illuminated in accordance with Section 17.21 of the Rules.3 On November 30, 1999, the Commission's Detroit Office of the Enforcement Bureau received information from the FCC's Technical and Public Safety Division (``TPSD'') alleging that this tower was not registered with the Commission, was ``in dire need of painting, and had only one top light working'', which was not flashing as required by the Rules. This information
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237715A1.html
- FOR FORFEITURE Released: October 22, 2002 By the Enforcement Bureau, San Juan Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Three Angels Corporation (``Three Angels''), owner of antenna structure no. 1235917, apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000) for willful and repeated violation of Sections 17.4(a) and 17.21(a) of the Commission's Rules (``Rules'').1 Specifically, we find Three Angels apparently liable for failing to register its antenna structure with the Commission and for failing to paint its antenna structure. II. BACKGROUND 2. On or about August 28, 2000, Three Angels constructed the antenna supporting structure 1235917 located at 22A Estate Dorothea, St. Thomas, U.S. Virgin Islands. This structure is
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237720A1.html
- of this Notice of Apparent Liability shall be sent by regular mail and Certified Mail Return Receipt Requested to Holladay Broadcasting Company, Inc., 225 NW Hollywood Boulevard, Fort Walton Beach, Florida 32859. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director - Tampa Office Enforcement Bureau Attachment _________________________ 1 47 C.F.R 17.50. 2 See 47 C.F.R. 17.6(a). 3 See 47 C.F.R. 17.21, 17.22, and 17.23. 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to
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- agents from the Detroit Office conducted an inspection of the antenna structure located at the junction of Hwy. M77 and Hwy. M28 Seney, Michigan, Antenna Structure Registration Number (``ASR'') 1013927, (located at north latitude 46 20' 36'', west longitude 085 57' 38''). The tower exceeds 200 feet in height and must, therefore, be painted and illuminated in accordance with Section 17.21 of the Rules.3 The agents observed that the top obstruction light was not on or flashing. The FCC agents returned on August 1, 2002 to the tower site and again observed that the top obstruction light was not on or flashing. 3. On August 6, 2002, an FCC agent placed a telephone call to the FAA Flight Service Station in
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- mean simply that the acts or omissions are committed knowingly.4 The term ``repeated'' means the commission or omission of such act more than once or for more than one day.5 10. The Commission's antenna structure construction, marking and lighting requirements operate in concert with FAA regulations to ensure that antenna structures do not present hazards to air navigation. Generally, Sections 17.21 and 17.23 of the Rules require owners of antenna structures located close to airports or that are greater than 200 feet in height to comply with prescribed painting and lighting specifications designed to ensure air safety. Because of the substantial public safety issues involved, Section 17.47 of the Rules further requires antenna structure owners to monitor lights daily or install
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- ) 1233307 near Ellsworth, Iowa ) FRN 000-437-322 Chicago, Illinois NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 5, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that United States Cellular Corporation (``US Cellular''), owner of antenna structure number 1233307 located near Ellsworth, Iowa, willfully violated Sections 17.21 and 17.45 of the Commission's Rules (``Rules''),1 by failing to light or paint its antenna structure and failing to install temporary warning lights on its antenna structure during construction. We find United States Cellular Corporation apparently liable for forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On April 23, 2002, an agent from the FCC Enforcement
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- 27, 2002 By the District Director, Seattle Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Max Media of Montana, LLC (``Max Media''), registered owner of antenna structure number 1051225 in Great Falls, Montana, has apparently willfully violated Section 303(q) of the Communications Act of 1934, as amended (``Act''),1 and Sections 17.21, 17.47(a)(2) and 17.57 of the Commission's Rules (``Rules'')2 by failing to exhibit the prescribed antenna structure lighting, failing to properly maintain an operating automatic alarm system to indicate when the structure lighting is not operating, and failing to notify the Federal Communications Commission (``FCC'') of the change of ownership of the antenna structure. We conclude, pursuant to Section 503(b) of
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- Released: September 30, 2002 By the Enforcement Bureau, Norfolk Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Hoffman Communications, Incorporated (``HCI''), licensee of AM Station WGGM and owner of the cited antenna structures, apparently liable for a forfeiture in the amount of twenty-one-thousand dollars ($21,000) for willful and repeated violations of Sections 73.49, 17.21 and 73.1745(a) of the Commission's Rules (``Rules'').1 Specifically, we find HCI apparently liable for failing to maintain effective fencing around its antenna structures (``towers''), for failing to install prescribed lighting, and for exceeding authorized nighttime power limits. II. BACKGROUND 2. HCI has a license for WGGM to broadcast with 10.5 and 1.08 kilowatts during the day and night, respectively, on
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- a copy of this Notice of Apparent Liability shall be sent by regular mail and Certified Mail Return Receipt Requested to Pinnacle Towers, Inc., 301 N. Cattlemen Road, 3rd Floor, Sarasota, FL 34232. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director - Tampa Office Enforcement Bureau _________________________ 1 47 C.F.R 17.50. 2 See 47 C.F.R. 17.6(a). 3 See 47 C.F.R. 17.21, 17.22, and 17.23. 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to
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- ) No. 1033509 ) NAL/Acct. ) No.200232560009 Haviland, Kansas ) FRN 0005-0815-67 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 13, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Haviland Telephone Co., Inc. (``Haviland''), owner of antenna structure number 1033509 at Haviland, Kansas, willfully violated Section 17.21 of the Commission's Rules (``Rules''),1 by failing to exhibit the prescribed painting. We find Haviland apparently liable for forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On May 16, 2002, an agent of the FCC's Kansas City Field Office inspected Haviland's antenna structure number 1033509 in Haviland, Kansas. The structure's height was 122 meters (400 feet),
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- File No. EB-01-PA-331 ) Morgan Tower Inc. ) NAL/Acct. No. 200232400004 Cinnaminson, New Jersey ) ) FRN #. 0006-3665-04 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 19, 2002 By the District Director, Philadelphia Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Morgan Tower Inc. (``Morgan'') has apparently violated Section 17.21(a) of the Commission's Rules (``the ``Rules'')1 by failing to paint and light an antenna structure. We conclude that Morgan is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On November 29, 2001, Agent Trenton Williams of the Philadelphia Office performed a routine inspection of, the antenna structure, Antenna Structure Registration (``ASR'') number
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- a copy of this Notice of Apparent Liability shall be sent by regular mail and Certified Mail Return Receipt Requested to Tower Properties of Florida Inc., 4190 NW 93rd Avenue, Gainesville Florida 32653. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director - Tampa Office Enforcement Bureau _________________________ 1 47 C.F.R 17.50. 2 See 47 C.F.R. 17.6(a). 3 See 47 C.F.R. 17.21, 17.22, and 17.23. 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to
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- THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to John W. Ashley DBA: Ashley Communications, 1301 N Wheeler Street, Plant City, Florida 33566. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director, Tampa Office Enforcement Bureau Attachment _________________________ 1 47 C.F.R 17.50. 2 See 47 C.F.R. 17.6(a). 3 See 47 C.F.R. 17.21, 17.22, and 17.23. 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to
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- entered in the station log. See 47 C.F.R. 11.55(c)(7) and 11.61(b). 4 See 47 C.F.R. 11.35(a). 5 A broadcast station may operate for 60 days pending repair or replacement of defective EAS equipment, but entries must be made in the station logs showing when the equipment was removed and restored to service. See 47 C.F.R. 11.35(b). 6 See 47 C.F.R. 17.21(a). 7 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to Leon's Radio, Inc., PO Box 94748, Oklahoma City, Oklahoma 73143. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director, Dallas Office, Enforcement Bureau Attachment _________________________ 1 47 C.F.R. 17.50. 2 See 47 C.F.R. 17.6(a). 3 See 47 C.F.R. 17.21(a). 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to John W. Ashley DBA: Ashley Communications, 1301 N Wheeler Street, Plant City, Florida 33566. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director, Tampa Office Enforcement Bureau Attachment _________________________ 1 47 C.F.R 17.50. 2 See 47 C.F.R. 17.6(a). 3 See 47 C.F.R. 17.21, 17.22, and 17.23. 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to
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- that it is readily visible near the base of the antenna structure. Material used to display the Antenna Structure Registration Number must be weather resistant and of sufficient size to be easily seen at the base of the antenna structure." During the inspection, the agent observed that the Antenna Structure Registration Numbers were not posted, for towers #1-4. 47 C.F.R. 17.21(a): `` Antenna structures shall be painted and lighted when:(a) They exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.'' During the inspection, the agent observed the red beacon and side lights on tower number three (ASR # 1028755) were out. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and
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- Rcd 4387 (1991). Section 312(f)(2) of the Act, 47 U.S.C. 312(f)(2), which also applies to Section 503(b), provides: "[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." 6 47 C.F.R. 17.21. 7 47 C.F.R. 17.4. 8 Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 9 Subsequent to the expiration of the filing period, the Commission
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- 418-0990. 14. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail, Return Receipt Requested, to Exosphere Broadcasting, LLC, 567 Lewis Point Extension, Saint Augustine, Florida 32086. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director _________________________ 1 47 C.F.R. 17.50 and 17.51. 2 See 47 C.F.R. 17.6(a). 3 See 47 C.F.R. 17.21, 17.22, and 17.23. 4 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 5 The 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,
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- Rcd 4387 (1991). Section 312(f)(2) of the Act, 47 U.S.C. 312(f)(2), which also applies to Section 503(b), provides: "[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." 5 47 C.F.R. 17.21. 6 47 C.F.R. 17.4. 7 Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 8 Subsequent to the expiration of the filing period, the Commission
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- 29, 2004 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Lotus Communications Corporation ("Lotus"), registrant of antenna structure # 1015922, in Los Angeles, California, apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), 1 and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules")2 by failing to comply with the antenna structure lighting, monitoring and notification requirements specified for antenna structure # 1015922. We conclude, pursuant to Section 503(b) of the Act,3 that Lotus is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On March 22, 2004,
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- assigned painting and lighting requirements by the FAA in 1975, so registration was required by 1998. Searches of the Commission's ASR database on June 22, 2004 and on December 2, 2004 found no evidence of a registration for the tower at issue here. We therefore find that Source apparently willfully and repeatedly violated Section 17.4(a) of the Rules. 11. Section 17.21 provides that antenna structures above 200 feet shall be painted and lighted. As noted above, Source's antenna structure is above 200 feet. Section 17.51 of the Rules requires that (a) all red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified and (b) all high intensity and medium intensity obstruction lighting shall be exhibited continuously unless otherwise
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- 2005 By the District Director, Los Angeles District Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that AMFM Ohio, Inc. ("AMFM Ohio"), registrant of antenna structure # 1014752, in San Bernardino, California, apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("the Act"),1 and Sections 17.21(a), 17.47 and 17.48 of the Commission's Rules ("Rules")2 by failing to comply with the antenna lighting, monitoring and notification requirements specified for antenna structure # 1014752. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),3 that AMFM Ohio is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND
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- Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Mega Communications of St. Petersburg Licensee, L.L.C. (``Mega Communications''), owner of antenna structures #1040052, 1040053, and 1040054 in Largo, Florida, apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000) for willful violation of Section 17.21 of the Commission's Rules (``Rules'').1 Specifically, we find Mega Communications apparently liable for failing to comply with prescribed antenna structure painting and lighting specifications. II. BACKGROUND 2. On January 18, 2005, in response to a public safety inquiry, an agent from the Commission's Tampa Field Office of the Enforcement Bureau (``Tampa Office'') contacted Mega Communications, the registered owner of Antenna
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- This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Chinook Concert Broadcasters, Inc., registrant of antenna structure #1242128. 2. On March 17, 2005, an agent of the Commission's Anchorage Resident Agent Office inspected antenna structure #1242128 located at 3601 C Street, Anchorage, Alaska, and observed the following violation: 2.a. 47 C.F.R. Section 17.21(a): ``Antenna structures shall be painted and lighted when: (a) They exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.'' The antenna structure registration for antenna structure #1242128 requires lighting as specified by FCC Paragraph 2. FCC Paragraph 2 states that ``[t]here shall be installed at the top of the tower at least two
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- for more than one day.7 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. 8 Part 17 of the Rules is designed to promote air safety, by prescribing regulations for antenna structures that constitute or that potentially constitute "a menace to air navigation."9 Section 17.21(a) of the Rules states antenna structures shall be painted and lighted when they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.10 Although antenna structure #1240108 is 60.6 meters in height, it has been assigned painting and lighting specifications.11 6. Section 17.50 of the Commission's Rules states that antenna structures requiring painting shall
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- been interpreted to mean simply that the acts or omissions are committed knowingly.7 The term "repeated" means the commission or omission of such act more than once or for more than one day.8 10. 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. 9 Section 17.21(a) of the Rules states antenna structures shall be painted and lighted when they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.10 Antenna structure #1019247 is 62.1 meters in height and is assigned painting and lighting specifications. 11. Section 17.23 of the rules requires that registered antenna structures conform to the mandatory FAA
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- is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Detroit Public Schools, registrant of antenna structure # 1019984 in Detroit, Michigan. 2. On January 6, 2006, an agent of the Commission's Detroit Office inspected antenna structure # 1019984 located at 5057 Woodward Avenue, Detroit, Michigan, and observed the following violation: 47 C.F.R. S 17.21: "Antenna structures shall be painted and lighted when. . . [t]hey exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." The Detroit Public School's antenna structure is 465 feet and the FCC's ASR database specifies painting and lighting specifications for antenna structure #1019984 in accordance with FCC Paragraphs A2 and H. FCC Paragraph
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- a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Michigan Bell Telephone Company, registrant of antenna structure # 1006477 in Southfield, Michigan. 2. On August 22, 2006, an agent of the Commission's Detroit Office inspected antenna structure # 1006477 located at 25189 Lahser Road, Southfield, Michigan, and observed the following violation: 47 C.F.R. S 17.21: "Antenna structures shall be painted and lighted when. . . [t]hey exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." Michigan Bell Telephone Company's antenna structure is 362 feet and the FCC's ASR database specifies painting and lighting specifications for antenna structure #1006477 in accordance with FCC Paragraphs 1, 3, 12 and 21.
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- Section 1.89 of the Commission's Rules, to Press Communications, LLC ("Press"), antenna structure registrant for antenna structure # 1237893. 2. On June 27, 2006, an agent of the Commission's New York Office inspected antenna structure # 1237893 located at 2355 West Bangs Avenue (South 1 of 2 towers), Neptune, New Jersey and observed the following violations: a. 47 C.F.R. S 17.21: "Antenna structures shall be painted and lighted when: (a) They exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." According to the Antenna Structure Registration ("ASR") for antenna structure number 1237893, the structure measures 240.57 feet and the structure is required to have painting and lighting in accordance with FCC Paragraphs 1, 3,
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- a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Wayne State University, owner of antenna structure # 1019984 in Detroit, Michigan. 2. On January 6, 2006, an agent of the Commission's Detroit Office inspected antenna structure # 1019984 located at 5057 Woodward Avenue, Detroit, Michigan, and observed the following violation: a. 47 C.F.R. S 17.21: "Antenna structures shall be painted and lighted when. . . [t]hey exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." The Wayne State University antenna structure is 465 feet and the FCC's ASR database specifies painting and lighting specifications for antenna structure #1019984 in accordance with FCC Paragraphs A2 and H. FCC Paragraph
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- official action towards registering the structure. Therefore, this violation was willful. 8. 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 antenna structures requiring painting to be cleaned or repainted as often as necessary to maintain good visibility. Section 17.21 of the Rules requires antenna structures exceeding 200 feet in height above ground level to be painted. Additionally, the KTRY-FM station license specifies painting and lighting requirements for Patrick's antenna structure associated with the station. Therefore, Patrick's antenna structure requires painting. From at least July 2001 until June 16, 2006, Patrick failed to maintain good visibility of its antenna structure.
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- sent by Certified Mail, Return Receipt Requested, and regular mail, to Comcast of Washington/Oregon, 1500 Market Street, 35^th Floor, Philadelphia, PA 19102. FEDERAL COMMUNICATIONS COMMISSION Binh Nguyen Resident Agent Portland Resident Agent Office Western Region Enforcement Bureau 47 U.S.C. S 303(q). 47 C.F.R. S 17.23. 47 C.F.R. S 17.47(a). 47 C.F.R. S 17.48. 47 U.S.C. S 503(b). 47 C.F.R. S 17.21. See FAA Advisory Circular Number 70/7460-1J, Chapters 4, 5, and 13. Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission
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- March 9, 2007 By the District Director, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that NBTY, Inc. ("NBTY"), owner of antenna structure 1064367 located in Bohemia, New York, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.21(a) and 17.23 of the Commission's Rules ("Rules") by failing to paint its tower aviation orange and white as required by the Antenna Structure Registration (ASR) and specified on the tower's FAA determination of "no hazard." We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that NBTY is apparently liable for a forfeiture in the
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- Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to County of Suffolk, owner of antenna structure 1018616. 2. On August 2, 2007, an agent of the Commission's New York Office inspected antenna structure, ASR # 1018616, located in Melville, New York, and observed the following violation: 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when. . . [t]hey exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." The County of Suffolk antenna structure is 76.2 meters. The ASR for structure number 1018616 indicates that the tower requires painting and lighting in accordance with FCC Paragraphs 1, 3, 11, and 21.
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- that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to International Broadcasting Corporation at its address of record. FEDERAL COMMUNICATIONS COMMISSION William Berry Resident Agent, San Juan Office South Central Region Enforcement Bureau 47 C.F.R. S:S: 17.50, 17.57. 47 U.S.C. S: 503(b). See 47 C.F.R. S: 17.21. Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- Section 1.89 of the Commission's Rules, to Tanana Valley State Fair Association, registered owner of antenna structure number 1005017, located on College Road, Fairbanks, AK. 2. On September 11, 2007, an agent of the Enforcement Bureau's Anchorage Resident Agent Office performed a nighttime inspection of the tower structure identified above. The agent observed the following violation: a. 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they require special aeronautical study." The antenna structure registration for antenna structure number 1005017 requires that the structure comply with FCC paragraphs 1, 3, 12, and 21. FCC Paragraph 12 states "[o]n levels at approximately two-thirds and one-third
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- Section 1.89 of the Commission's Rules, to Fairbanks Golf & Country Club, registrant of antenna structure number 1003454, located on Farmers Loop Road, Fairbanks, Alaska. 2. On September 11, 2007, an agent of the Enforcement Bureau's Anchorage Resident Agent Office performed a nighttime inspection of the tower structure identified above. The agent observed the following violation: a. 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they require special aeronautical study." The antenna structure registration for antenna structure number 1003454 requires that the structure comply with FCC paragraphs 1, 3, 12, and 21. FCC Paragraph 12 states "[o]n levels at approximately two-thirds and one-third
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- FRN: 0001539048 Giddings, Texas ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 14, 2008 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Union Pacific Railroad Company ("Union Pacific"), owner of antenna structure #1065191 in Giddings, Texas, apparently repeatedly violated Section 17.21(a) of the Commission's Rules ("Rules") by failing to paint and light its antenna structure. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Union Pacific is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On February 20, 2008, a resident agent from the Commission's Houston
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-283332A1.html
- 15, 2008, agents of the Enforcement Bureau's San Francisco Office made nighttime observations of antenna structure number 1050214 and noted that the side lights were not lit and the top beacon was only flashing two to three times per minute. On May 16, 2008, the agents inspected antenna structure number 1050214 and observed the following violations: a. 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when:(a) They exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." The painting and lighting specification for antenna structure number 1050214 are listed as FCC Paragraphs 1, 3, 11, 21. FCC Paragraph 3 requires that the top beacon flash not more than 40 flashes per minute
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286287A1.html
- 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." 47 C.F.R. S: 17.47(a)(2). See 47 C.F.R. S: 17.21 (antenna structures shall be painted and lighted when they exceed 200 feet in height above the ground ore they require special aeronautical study). Section 17.48 of the Rules requires that the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications report immediately by telephone or telegraph to the nearest Flight Service Station
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286431A1.html
- a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Rama Communications, Inc. at its address of record. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director Tampa Office South Central Region Enforcement Bureau 47 C.F.R. S:S: 17.50, 73.49, 73.1745(a), 73.3526. 47 U.S.C. S: 503(b). Pursuant to Section 17.21 of the Rules, antenna structures shall be painted and lighted when they exceed 60.96 meters in height above ground. 47 C.F.R. S: 17.21. Antenna structure #s 1045401 and 1045403 are 88.7 meters in height above ground. Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act,
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- 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." The antenna structure is 98 meters in height above ground. Antenna structures are required to be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. S: 17.21. American Tower Corporation, Notice of Apparent Liability, 16 FCC Rcd 1282 (2001). 47 U.S.C. S: 503(b)(2)(E). 47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 17.4 (g), 17.48(a) Federal Communications Commission 4 Federal Communications Commission References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286481A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286481A1.doc
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286526A1.html
- 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." Antenna structures are required to be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. S: 17.21. Antenna structure owners are required to inspect at intervals not to exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated with the antenna structure lighting to insure that such apparatus is functioning properly. See 47 C.F.R. S: 17.47(b). Antenna structure owners are required to maintain a record of any observed or otherwise known extinguishment or
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286789A1.html
- that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Perry Broadcasting Systems at its address of record. FEDERAL COMMUNICATIONS COMMISSION William Berry Resident Agent, San Juan Office South Central Region Enforcement Bureau 47 C.F.R. S:S: 17.50, 17.57. 47 U.S.C. S: 503(b). See 47 C.F.R. S: 17.21. The agent requested that the FAA issue a NOTAM at that time. Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-289218A1.html
- Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to SBC Tower Holdings LLC, owner of antenna structure # 1003991 in Ballston, New York. 2. On February 23, 2009, an agent of the Commission's New York Office inspected antenna structure # 1003991 located at 887 RT 67, Ballston, New York, and observed the following violation: 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they require special aeronautical study." The painting and lighting specifications for antenna structure number 1003991 require that the structure comply with FCC Chapters 4, 8, and 13 in accordance with FAA Circular Number 70/7460-1H. Chapter 5, paragraph 54,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-292794A1.html
- following violations: a. 47 C.F.R. S: 17.4(g): "The Antenna Structure Registration Number must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure." During the inspection, the agents observed that there was no antenna structure registration number posted at or near the base of the antenna structure. b. 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they require special aeronautical study." The painting and lighting specifications for antenna structure # 1001101 require that the structure comply with FCC Paragraphs A1, B, C and H. Paragraph B requires light units located at the top of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-293619A1.html
- LIABILITY FOR FORFEITURE Released: September 18, 2009 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Verizon Wireless (VAW) LLC ("Verizon"), owner of an antenna structure located at 2128 Reed Creek Road, in Hartwell, GA, apparently willfully and repeatedly violated Sections 17.4(a) and 17.21(a) of the Commission's Rules ("Rules") by failing to register its antenna structure with the Commission and failing to paint and light that antenna structure. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Verizon is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). II. BACKGROUND 2. On August
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-296092A1.html
- 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." 47 U.S.C. S: 303(q). AT&T Wireless Services, Inc., 17 FCC Rcd 7891, 7892 (2002). 47 C.F.R. S: 17.21. 47 C.F.R. S: 17.51(a). FCC Forms 715/715A, paragraphs 3, 12 and 21. 47 C.F.R. S: 17.6(a). 47 C.F.R. S: 17.47(a). 47 C.F.R. S: 17.48. 19 12 FCC Rcd 17087(1997), recon. denied 15 FCC Rcd 303 (1999). 20 47 U.S.C. S: 503(b)(2)(E). 21 47 U.S.C. S:S: 303(q), 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80, 17.6, 17.47(a), 17.48, 17.51(a). See 47 C.F.R.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-298071A1.html
- #1060414 located in Glenwood Springs, Colorado, and observed the following violations: a. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified." At the time of inspection, two sidelights were extinguished at the one-third level and one sidelight was extinguished at the two-thirds level on antenna structure #1060414. b. 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when (a) They exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." The painting and lighting specifications for antenna structure #1060414 are listed as FCC paragraphs 1, 3, 11, and 21. Paragraph 11 requires that the structure have sidelights with at least two red obstruction lights
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-304359A1.html
- issued pursuant to Section 1.89 of the Commission's Rules, to Churchill County Telephone and Telegraph registrant of antenna structure #1012853 in Fallon, Nevada. 2. On September 28, 2010, agents of the Enforcement Bureau's San Francisco Office inspected antenna structure #1012853 located approximately 0.5 mile southeast of Fallon Municipal Airport in Fallon, Nevada, and observed the following violation: 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when: (a) they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." The FCC Antenna Structure Registration for antenna structure # 1012853 indicates painting and lighting in accordance with FCC Chapters 1 and 2. At the time of inspection, agents observed that the tower was not
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-305847A1.html
- issued pursuant to Section 1.89 of the Commission's Rules to Incorporated Village of Rockville Centre, owner of antenna structure 1270072 in Rockville Centre, New York. 2. On March 31, 2011, an agent of the Commission's New York Office inspected antenna structure # 1270072 located at 142 Maple Avenue, Rockville Centre, New York, and observed the following violation: 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they require special aeronautical study." The lighting specifications for antenna structure number 1270072 require that the structure comply with FAA Chapters 4, 8, and 12 in accordance with FAA Circular Number 70/7460-1K. Chapter 8 of FAA Circular Number
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-313462A1.html
- is readily visible near the base of the antenna structure. Materials used to display the Antenna Structure Registration Number must be weather-resistant and of sufficient size to be easily seen at the base of the antenna structure." At the time of inspection, the agent observed that the Antenna Structure Registration Number was faded and not legible. b. 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when: (a) they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study." The FCC Antenna Structure Registration (ASR) for antenna structure #1212979 requires that it be painted and lit in accordance with FCC Paragraphs 1, 3, 11, and 21. Paragraph 11 requires that the structure have
- http://www.fcc.gov/eb/Orders/2002/DA-02-2473A1.html
- structure as 222.5 feet, giving Concilio constructive knowledge of the actual height of the tower. Moreover, licensees are expected to know and comply with the Commission's rules.11 Sections 17.4 and 17.7 of the Rules12 require that antenna structures over 200 feet be registered. Section 17.4 requires ASR numbers to be posted on or near the base of the tower. Section 17.21 of the Rules13 requires that antenna structures over 200 feet be painted and lighted. It is also the licensee's responsibility to have accurate knowledge of its operations to apply the rules correctly. Further, although Concilio provides the results of an FAA study which concluded that the antenna structure would not exceed FAA obstruction standards and would not be a hazard
- http://www.fcc.gov/eb/Orders/2002/DA-02-2856A1.html
- Corporation ) NAL/Acct. No. 20023256006 Ellsworth, Iowa ) FRN #000-437-322 MEMORANDUM OPINION AND ORDER Adopted: October 28, 2002 Released: October 31, 2002 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (``Order''), we cancel a ten thousand dollar ($10,000) Notice of Apparent Liability for Forfeiture (``NAL'')1 issued to United States Cellular Corporation (``USCC'') for apparently violating Sections 17.21 and 17.45 of the Commission's Rules (``Rules'').2 The alleged violations involved USCC's failure to light or paint its antenna structure number 1233307, located near Ellsworth, Iowa, and its failure to install temporary warning lights on the same structure during construction. 2. On June 5, 2002, the District Director of the Commission's Kansas City, Missouri Field Office issued the NAL to
- http://www.fcc.gov/eb/Orders/2002/DA-02-938A1.html
- 12444 Powerscout Drive, Suite 100, St. Louis, Missouri 63131; and to Bresnan Telecommunications Company LLC at 12444 Powerscout Drive, Suite 100, St. Louis, Missouri 63131 and at 709 Westchester Avenue, White Plains, New York 10604. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 17.1 et seq. 2 47 C.F.R. 17.4(g) and 17.57. 3 47 C.F.R. 17.21. 4 47 C.F.R. 17.4. 5 Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 6 47 C.F.R. 17.47. 7 47 C.F.R. 17.56. 8 47 C.F.R.
- http://www.fcc.gov/eb/Orders/2002/FCC-02-124A1.html
- receive the recognition they deserve. I write separately in an effort to close this gap. _________________________ 1 47 U.S.C. 303(q) (antenna structure owners shall maintain the painting and lighting of antenna structures as prescribed by the Commission). 2 47 C.F.R. 17.1 et seq. 3 47 C.F.R. 17.4(a)(2), 17.4(g) and 17.56(a). 4 See 6 and notes 12-13, infra. 5 47 C.F.R. 17.21. 6 47 C.F.R. 17.4. 7 Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 8 Subsequent to the expiration of the filing period, the Commission
- http://www.fcc.gov/eb/Orders/2002/FCC-02-125A1.html
- recognition they deserve. I write separately in an effort to close this gap. _________________________ 1 47 U.S.C. 303(q) (Antenna structure owners shall maintain the painting and lighting of antenna structures as prescribed by the Commission.) 2 47 C.F.R. 17.1 et seq. 3 47 C.F.R. 17.4(a)(2), 17.4(g), 17.23, 17.50 and 17.51(b). 4 See 6 and note 12, infra. 5 47 C.F.R. 17.21. 6 47 C.F.R. 17.4. 7 Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 8 Subsequent to the expiration of the filing period, the Commission
- http://www.fcc.gov/eb/Orders/2002/FCC-02-213A1.html
- a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to Maria L. Salazar at 207 W. 13th Street North, Wichita, Kansas 67203. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 U.S.C. 301 and 303(q). 2 47 C.F.R. 17.51 and 73.1350(a). 3 47 C.F.R. 11.35(a), 73.1125(a), and 73.3526. 4 47 C.F.R. 17.21. 5 47 C.F.R. 17.47 6 47 C.F.R. 17.51. 7 47 C.F.R. 17.56 8 47 C.F.R. 17.48 9 47 C.F.R. 11.35(c). 10 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any
- http://www.fcc.gov/eb/Orders/2002/FCC-02-294A1.html
- Ferris, Glovsky and Popeo, P.C., 701 Pennsylvania Avenue, N.W., Suite 900, Washington, D.C. 20004. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 U.S.C. 303(q) (Antenna structure owners shall maintain the painting and lighting of antenna structures as prescribed by the Commission.) 2 47 C.F.R. 17.1 et seq. 3 47 C.F.R. 17.4(a)(2), 17.4(g), 17.50 and 17.51(b). 4 47 C.F.R. 17.21. 5 47 C.F.R. 17.4. 6 47 C.F.R. 17.47. 7 47 C.F.R. 17.56. 8 47 C.F.R. 17.48. 9 AT&T Wireless Services, Inc., 16 FCC Rcd 814 (Enf. Bur. 2001), forfeiture ordered, 16 FCC Rcd 6805 (Enf. Bur. 2001). 10 See Public Notice, Enforcement Bureau Field Offices List of Actions Taken, DA 01-1314 (rel. May 31, 2001); Public Notice, Enforcement Bureau Field
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- 2002) 2 47 C.F.R. 17.4(g). 3 47 C.F.R. 17.51 and 17.57. 4 Gomez is the former licensee of WRSJ(AM). The license was assigned to Concilio on December 4, 1996. 5 Antenna structures whose overall height above the ground is less than 200 feet are not subject to the Commission's registration, lighting and marking requirements. See 47 C.F.R. 17.4, 17.7 and 17.21. 6 Petition for Reconsideration, p. 2. 7 47 C.F.R. 1.80(b)(4), Note to Paragraph 4(b), Section I. 8 Id. 9 American Tower Corporation, 16 FCC Rcd 1282 (2001). 10 47 U.S.C. 405. 11 47 C.F.R. 1.106. 12 47 U.S.C. 504(a). 13 See 47 C.F.R. 1.1914. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1011A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1011A1.doc
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- Chief, Revenue and Receivables Group, 445 12th Street, S.W., Washington, D.C. 20554.12 21. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to FBS Wireless Corporation, 114 Market Street, 2nd Floor, Berwick, PA 18603. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 17.21(a). 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232400007 (Enf. Bur., Philadelphia Office, released August 12, 2002). 3 47 U.S.C. 503(b). 4 47 C.F.R. 1.80. 5 47 U.S.C. 503(b)(2)(D). 6 47 C.F.R. 17.7(a). 7 As provided by 47 U.S.C. 312(f)(2), a continuous violation is ``repeated'' if it continues for more than one day. The Conference Report for Section 312(f)(2)
- http://www.fcc.gov/eb/Orders/2003/DA-03-3276A1.html
- (``Order''), we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800.00) to Max Media of Montana, LLC (``Max Media''), licensee of television Station KTGF, Great Falls, Montana, for willful and repeated violations of the antenna structure lighting and registration requirements of Section 303(q) of the Communications Act of 1934, as amended (the ``Act''),1 and Sections 17.21, 17.47(a)(2) and 17.57 of the Commission's Rules (``Rules'').2 2. On September 27, 2002, the Director of the Commission's Seattle, Washington District Office (``Seattle Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Max Media for a forfeiture in the amount of thirteen thousand dollars ($13,000.00).3 Max Media filed its response to the NAL on November 8, 2002, and
- http://www.fcc.gov/eb/Orders/2003/DA-03-330A1.html
- 200232560009 Registration ) No. 1033509 ) ) FRN 0005-0815-67 Haviland, Kansas FORFEITURE ORDER Adopted: January 31, 2003 Released: February 4, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand five hundred dollars ($2,500) to Haviland Telephone Co., Inc., (``Haviland'') for willful violation of Section 17.21 of the Commission's Rules (``Rules'').1 The noted violation involves Haviland's failure to exhibit the prescribed painting. 2. On June 13, 2002, the Commission's Kansas City, Kansas Field Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to Haviland for the noted violation.2 Haviland filed a response to the
- http://www.fcc.gov/eb/Orders/2003/DA-03-3969A1.html
- argued by Tower Properties. The Commission has consistently stressed that it expects full compliance with the antenna structure rules because of the potential danger to air navigation.13 Therefore, Tower Properties' failure to clean or repaint its antenna structure as often as necessary to maintain good visibility is a serious violation warranting a forfeiture assessment.14 13. Tower Properties contends, citing Section 17.21(a) of the Rules, that in light of fact that some of the cables stop below 200 feet in height, no violation has occurred. Tower Properties argues the forfeiture should be dismissed or reduced because painting and lighting is only required for the potion of covered structures that exceeds 200 feet. We disagree. Section 17.21(a) states that where a tower exceeds
- http://www.fcc.gov/eb/Orders/2003/DA-03-4064A1.html
- 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of nineteen thousand six hundred dollars ($19,600) to Hoffman Communications, Incorporated (``HCI''), owner of antenna structure numbers 1040995, 1040996, and 1040997 in Chester, Virginia, and licensee of radio station WGGM(AM), for willful and repeated violations of Sections 73.49, 17.21, and 73.1745(a) of the Commission's Rules (``Rules'').1 Specifically, we find HCI liable for failing to maintain effective fencing around its antenna structures, for failing to install prescribed lighting, and for exceeding authorized nighttime power limits. 2. On September 30, 2002, the Commission's Norfolk, Virginia Resident Agent Office (``Norfolk Office'') released a Notice of Apparent Liability for Forfeiture (``NAL'') to HCI
- http://www.fcc.gov/eb/Orders/2003/DA-03-691A1.html
- ) NAL/Acct. No. 200232400004 Registration # 1060096 ) Cinnaminson, New Jersey ) FRN 0006-3665-04 FORFEITURE ORDER Adopted: March 7, 2003 Released: March 11, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Morgan Tower, Inc. (``Morgan''), for willful violation of Section 17.21(a) of the Commission's Rules (``Rules'').1 The noted violation involves Morgan's failure to light and adequately paint the captioned antenna structure. 2. On June 19, 2002, the Commission's Philadelphia, Pennsylvania, District Office (``Philadelphia Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Morgan for a forfeiture in the amount of ten thousand dollars ($10,000).2 Morgan filed its response to
- http://www.fcc.gov/eb/Orders/2003/FCC-03-264A1.html
- showed ASR number 1018227 to be registered to SpectraSite for a 312.8 meter structure on Sesame Street in Richmond, Virginia, and no registration for its 180.9 meter structure also on Sesame Street. III. DISCUSSION 11. 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 17.21 of the Rules states that painting and lighting are required for antenna structures that exceed 60.96 meters, except when it is shown by the applicant that the absence of such marking would not impair the safety of air navigation.17 Section 17.51(b) of the Rules requires that all high intensity and medium intensity obstruction lighting shall be continuously exhibited unless otherwise
- http://www.fcc.gov/eb/Orders/2004/DA-04-3819A1.html
- painting and lighting requirements prior to July 1, 1996, must register the antenna structure prior to July 1, 1998. According to the Commission's records, WLTH's day antenna structure had been assigned painting and lighting requirements. WLTH concedes that its day antenna structure was not registered. We conclude that WLTH willfully10 and repeatedly11 violated Section 17.4(a) of the Rules. 9. Section 17.21(a) of the Rules12 requires that antenna structures exceeding 200 feet in height AGL be painted and lighted. As indicated above, WLTH's day antenna structure exceeds 200 feet in height AGL and is required to have red obstruction lighting. Section 17.51(a) of the Rules requires that the red obstruction lighting be exhibited between sunset and sunrise. On March 5 and 6,
- http://www.fcc.gov/eb/Orders/2004/DA-04-709A1.html
- 0007-4419-26 FORFEITURE ORDER Adopted: March 15, 2004 Released: March 17, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Three Angels Corporation (``Three Angels''), licensee of station WGOD-FM, St. Thomas, Virgin Islands, for willful and repeated violation of Sections 17.4(a) and 17.21(a) of the Commission's Rules (``Rules'').1 The noted violations involve Three Angels' failure to register and paint the antenna structure for station WGOD-FM. 2. On October 22, 2002, the Commission's San Juan, Puerto Rico, Resident Agent Office (``San Juan Office'') released a Notice of Apparent Liability for Forfeiture (``NAL'') to Three Angels for a forfeiture in the amount of thirteen thousand
- http://www.fcc.gov/eb/Orders/2004/DA-04-926A1.html
- Chief, Revenue and Receivables Group, 445 12th Street, S.W., Washington, D.C. 20554.22 17. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Westshore Broadcasting, Inc., 311 112th Avenue, N.E., St. Petersburg, Florida 33716. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 17.21(a), 17.57 and 73.49. 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232700005 (Enf. Bur., Tampa Office, released November 1, 2002). 3 Section 17.48(a) of the Rules, 47 C.F.R. 17.48(a), requires tower owners to immediately report lighting outages that cannot be corrected within 30 minutes to the FAA. When the FAA receives a report of a lighting outage, it issues
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- meter tower. We will therefore cancel the proposed forfeiture for that violation.14 We caution SpectraSite to be more careful in the future not to file tower registration materials for towers it does not own. 9. 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 17.21 of the Rules states that painting and lighting are required for antenna structures that exceed 60.96 meters, except when it is shown by the applicant that the absence of such painting and lighting would not impair the safety of air navigation.15 Section 17.51(b) of the Rules requires that all high intensity and medium intensity obstruction lighting shall be continuously exhibited
- http://www.fcc.gov/eb/Orders/2005/DA-05-1686A1.html
- 1040053, and 1040054 ) Silver Springs, MD FORFEITURE ORDER Adopted: June 17, 2005 Released: June 21, 2005 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Mega Communications of St. Petersburg Licensee, L.L.C. (``Mega Communications'') for willful violation of Section 17.21 of the Commission's Rules (``Rules'').1 The noted violation involves Mega Communications' failure to comply with prescribed antenna structure painting and lighting specifications. 2. On April 11, 2005, the District Director of the Commission's Tampa Field Office (``Tampa Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Mega Communications.2 Mega Communications has not filed
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- Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Lotus Communications Corporation ("Lotus"), registrant of antenna structure # 1015922, in Los Angeles, California, for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), 1 and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules").2 On September 29, 2004, the Commission's Los Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 against Lotus after determining that Lotus had repeatedly failed to comply with the antenna structure lighting, monitoring and notification requirements specified for antenna structure # 1015922. Such failure
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- filed on August 30, 2005, by Lotus Communications Corporation ("Lotus") registrant of antenna structure # 1015922, in Los Angeles, California. Lotus seeks reconsideration of the Forfeiture Order in which Lotus was found liable for a monetary forfeiture in the amount of $10,000 for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, ("the Act"), and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules"). As discussed below, we dismiss Lotus' Petition because it does not comply with the Act and the Rules, and is therefore procedurally defective. We also find that even if Lotus had timely filed its Petition, the Petition would fail on the merits. II. BACKGROUND 2. On March 22, 2004, the Los
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- 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. 11. 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 17.21(a) of the Rules states antenna structures shall be painted and lighted when they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study. According to its ASR, antenna structure #1019247 is 62.1 meters in height and is assigned painting and lighting specifications. 12. Section 17.23 of the rules requires that registered antenna structures conform
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- See, e.g., SpectraSite Communications, Inc., Notice of Apparent Liability, 18 FCC Rcd 22799 (2003), Forfeiture Order, 19 FCC Rcd 17673 (2004). Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Report and Order, 20 FCC Rcd 1073, 1084 (2004), aff'd sub nom. CTIA v. FCC, 466 F. 3d 105 (D.C. Cir. 2006). See 47 C.F.R. S 17.21(a). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200332480012 (Enf. Bur. Atlanta Office, released December 6, 2002). FMG supplemented the NAL Response on January 17, 2003, with statements by John Hain and Robert Murphy and on April 23, 2004, with a confidential submission of FMG's federal income tax returns for a three year period. PJB Communications of Virginia, Inc., Memorandum
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- Central Region Enforcement Bureau 47 C.F.R. S: 17.47(a). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932560001 (Enf. Bur., Kansas City Office, released October 31, 2008). 47 U.S.C. S: 503(b). 47 C.F.R. S: 1.80. 47 U.S.C. S: 503(b)(2)(E). Antenna structures are required to be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. S: 17.21. Antenna structure owners are required to inspect at intervals not to exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated with the antenna structure lighting to insure that such apparatus is functioning properly. See 47 C.F.R. S: 17.47(b). Antenna structure owners are required to maintain a record of any observed or otherwise known extinguishment or
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- First Class and Certified Mail Return Receipt Requested to International Broadcasting Corporation at its address of record and to its counsel, Richard F. Swift, Irwin, Campbell & Tannenwald, 1730 Rhode Island Avenue NW, Suite 200, Washington DC, 20036-3101. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. S:S: 17.50, 17.57. See 47 C.F.R. S: 17.21. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832680001 (Enf. Bur., San Juan Office, November 13, 2007) ("NAL"). 47 U.S.C. S: 503(b). 47 C.F.R. S: 1.80. 47 U.S.C. S: 503(b)(2)(D). Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term `willful,' ...
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- CRC. On September 29, 2005, CRC sent a supplemental reply to the LOI stating that a new lighting system and alarm system had been purchased and would soon be installed on antenna structure #1019247. 9. 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 17.21(a) of the Rules states antenna structures shall be painted and lighted when they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study. According to its ASR, antenna structure #1019247 is 62.1 meters in height and is assigned painting and lighting specifications by the FAA. Section 17.23 of the Rules requires that registered antenna
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- of record and to its counsel, Todd A. Steiner, Law Offices of Putbrese, Hunsaker & Trent, P.C., 200 South Church Street, Woodstock, VA 22664. FEDERAL COMMUNICATIONS COMMISSION Priya Shrinivasan Assistant Chief, Enforcement Bureau Rama Communications, Inc., Forfeiture Order, 23 FCC Rcd 17820 (Enf. Bur. South Central Region, 2008) ("Forfeiture Order"). 47 C.F.R. S:S: 17.50, 73.49, 73.1745(a), 73.3526. Pursuant to Section 17.21 of the Rules, antenna structures shall be painted and lighted when they exceed 60.96 meters in height above ground. 47 C.F.R. S: 17.21. Antenna structure numbers 1045401 and 1045403 are 88.7 meters in height above ground. Rama Communications, Inc., Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932700002 (Enf. Bur., Tampa Office, October 16, 2008) ("NAL"). 47 U.S.C. S: 503(b).
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- National Weather Service personnel to activate the EAS for state and local emergency alerts. The state plans include the EAS header codes and messages to be transmitted by the primary state, local and relay EAS sources. 47 C.F.R. S: 11.35(a). Antenna structures must be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. S: 17.21. 47 C.F.R. S: 73.3526(a)(2). 47 C.F.R. S: 73.3526(b). 47 C.F.R. S: 73.3526(c). 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"), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S: 1.80. 47 U.S.C. S: 503(b)(2)(E). On April 16, 1997,
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- 2010 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 thirteen thousand dollars ($13,000) to Verizon Wireless (VAW) LLC ("Verizon"), owner of an antenna structure located at 2128 Reed Creek Road, in Hartwell, GA for willful and repeated violation of Sections 17.4(a) and 17.21(a) of the Commission's Rules ("Rules"). The noted violations involve Verizon's failure to register its antenna structure with the Commission and failure to paint and light its antenna structure. II. BACKGROUND 2. On August 18, 2009, in response to a complaint of an unlit tower, agents from the Commission's Atlanta Field Office of the Enforcement Bureau ("Atlanta Office") inspected an antenna
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- Memorandum Opinion and Order, 23 FCC Rcd 4027 (Enf. Bur. 2008) ("Memorandum Opinion and Order"). International Broadcasting Corporation, Forfeiture Order, 23 FCC Rcd 71 (Enf. Bur. South Central Region 2008) ("Forfeiture Order"). 47 C.F.R. S:S: 17.50, 17.57. Antennas structures, such as antenna structure # 1026702, more than 200 feet in height must be painted and lit. See 47 C.F.R. S: 17.21. International Broadcasting Corporation, Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832680001 at 1 (Enf. Bur. San Juan Office, rel. November 13, 2007). IBC Application for Review at 3-4. The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
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- Receipt Requested, to Taylor Communications, Inc. at 302 Highway 7, South, Oxford, MS 38655 and to John C. Trent, its counsel at 200 South Church Street, Woodstock, VA 22664. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. S:S: 17.48(a), 73.3526. See Antenna Structure Registration Database, Registration Number 1038246. See also 47 C.F.R. S: 17.21 (generally requiring towers exceeding 200 feet in height to be painted and lit). Local sunset time was 7:15 p.m. CDT. Taylor Communications, Inc., Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932620003 (Enf. Bur., New Orleans Office, rel. Nov. 21, 2008) ("NAL") (citing 47 C.F.R. S:S:17.48(a), 73.3526(a)(2), 73.3526(c)(1)). Letter from Todd A. Steiner, Esq., Counsel for Taylor Communications, Inc., to
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- of Apparent Liability for Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Equity Communications LP at 8025 Black Horse Pike, Suite 100-102, West Atlantic City, New Jersey 08232. FEDERAL COMMUNICATIONS COMMISSION Gene Stanbro District Director Philadelphia Office Northeast Region Enforcement Bureau 47 U.S.C. S: 303(q). 47 U.S.C. S:S: 17.50(a), 73.49. Pursuant to section 17.21 of the Rules, antenna structures shall be painted and lit when they exceed 60.96 meters in height above ground. 47 C.F.R. S: 17.21. Antenna structure number 1046625 is 106 meters in height above ground. Section 73.49 of the Rules states that "antenna towers having radio frequency potential at the base must be enclosed with effective locked fences or other enclosures."
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- 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." 47 C.F.R. S: 17.47(a). See 47 C.F.R. S: 17.21 (stating that antenna structures are required to be painted and lighted when they exceed 60.96 meters in height above ground). Second LOI Response at 1. 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"), recon. denied, 15 FCC Rcd 303
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- 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." 47 U.S.C. S: 303(q). 47 C.F.R. S: 17.51(a). See 47 C.F.R. S: 17.21 (requiring antenna structures more than 200 feet in height to be painted and lighted). Andrews Tower requested the FAA contact number on July 15, 2010. See para. 3 supra. 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"), recon. denied,
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- '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." 47 U.S.C. S: 303(q). 47 C.F.R. S: 17.51(a). See Antenna Structure Registration database for antenna structure number 1018669. See also 47 C.F.R. S: 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). 47 C.F.R. S: 17.47(a). 47 C.F.R. S: 17.47(b) (allowing antenna structure owners to employ an automatic light monitoring system in lieu of daily observations). The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12
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- (1) has dismantled its antenna structure; (2) owns no other antenna structures; (3) has ceased operating its cable system in Yorktown, TX; and (4) owns no other cable systems, we will consider such evidence and take appropriate action. 47 C.F.R. S:S: 17.4(g), 17.48, 17.51(a), and 17.57. 2 See Antenna Structure Registration Database, Registration Number 1045666. See also 47 C.F.R. S: 17.21 (generally requiring towers exceeding 200 feet in height to be painted and lit). Letter from Thomas Kurien, owner of KFW Communications, Inc. dba Almega Cable, to Lee Browning, Resident Agent, Houston Office, dated January 27, 2010. RAMCO also confirmed that it acquired the antenna structure effective January 1, 2010 in a telephone conversation with Agent Browning on March 16, 2010.
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- emergency alerts. The state plans include the EAS header codes and messages to be transmitted by the primary state, local and relay EAS sources. 47 C.F.R. S: 11.35(a). See NAL at 15874-15875. NAL Response at 1. 47 C.F.R. S: 17.47(a). Antenna structures must be painted and lighted when they exceed 60.96 meters in height above ground. See 47 C.F.R. S: 17.21. NAL Response at 1-2. 47 C.F.R. S: 17.50. NAL Response at 2-3. Id. 47 C.F.R. S: 73.3526(a)(2). 47 C.F.R. S: 73.3526(b). 47 C.F.R. S: 73.3526(c). 47 C.F.R S: 73.3526(e)(12). NAL Response at 1. NAL Response at 1-3. Request for Reduction at 1. See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994) (finding attempts to comply with licensing requirements
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- S: 11.35(b). KM Radio did not order any replacement parts for its EAS equipment until after the inspection, so KM Radio cannot claim that its operations fell under this exception. See LOI Response at 1. See 47 U.S.C. S: 303(q). See 47 C.F.R. S: 17.51(a). See Antenna Structure Registration database for antenna structure number 1053693. See also 47 C.F.R. S: 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). See LOI Response at 2. See id. See also 47 C.F.R. S: 17.47(a) (requiring owners of antenna structures that are required to be lighted to make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic
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- 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. 47 U.S.C. S: 303(q). 47 C.F.R. S: 17.51(a). See Antenna Structure Registration database for antenna structure number 1050186. See also 47 C.F.R. S: 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). 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). See infra
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- Return Receipt Requested, and regular mail, to Telava Wireless, Inc. at 353 Sacramento Street, Suite 1500, San Francisco, California 94111. FEDERAL COMMUNICATIONS COMMISSION James M. Roop District Director Chicago District Office Northeast Region Enforcement Bureau 47 U.S.C. S: 303(q). 47 C.F.R. S:S: 17.47 and 17.56(a). See Antenna Structure Registration Database for antenna structure number 1050174. See also 47 C.F.R. S: 17.21 (generally requiring towers exceeding 200 feet (60.96 meters) in height to be painted and lit). Letter from James M. Roop, District Director, Chicago Office, to Telava Wireless, Inc., dated January 4, 2011. Letter from Boaz Yung, Executive Vice President, Telava Wireless, Inc., to James M. Roop, District Director, Chicago Office, dated January 21, 2011, at 1. Id. Id. at 2.
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- both Certified Mail, Return Receipt Requested, and regular mail, to Classic Cable, Inc. dba Suddenlink Communications at 12444 Powerscourt Drive, Suite 140, St. Louis, MO 63131. 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 1040644. 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 1040644 must be painted consistent with FCC Paragraphs 1, 3, 4, 13, and 21. FCC Paragraph 1 requires antenna structure to be painted throughout their height with alternate bands of aviation surface orange
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- be sent by both Certified Mail, Return Receipt Requested, and regular mail, to James Cable, LLC at 38710 Woodward Avenue, Suite 180, Bloomfield Hills, MI 48304. 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 1016806. 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 1016806 must be painted 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
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- be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Mobile Phone of Texas, Inc. at P.O. Box 2247, Wichita Falls, TX 76307. 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 1057231. 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 1057231 must be painted 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
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- 17.48, 17.50, 17.51, 17.57. Although the Antenna Structures were no longer being used for the transmission of radio energy at the time of the inspection, North Chapel is required to maintain the painting and lighting requirements assigned to the Antenna Structures until the structures are dismantled. See 47 U.S.C. S: 303(q). See 47 U.S.C. S: 303(q). See 47 C.F.R. S: 17.21 (requiring all antenna structures more than 60.96 meters in height above ground to be painted and lighted). See also Antenna Structure Registration database for antenna structure number 1055591 and antenna structure registration number 1055594. See Antenna Structure Registration database for antenna structure number 1055590 and antenna structure number 1055593. See Williamson County Tennessee Property Assessor Database. On February 10, 2012,
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- 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. 47 U.S.C. S: 303(q). 47 C.F.R. S: 17.50. 47 C.F.R. S: 17.48(a). 47 C.F.R. S: 17.51(a). See 47 C.F.R. S: 17.21(a) (requiring antenna structures more than 60.96 meters in height above the ground to be painted and lighted). See also Antenna Structure Registration database for antenna structure number 1214169. 47 C.F.R. S: 17.57. 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
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- Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail to Martin Broadcasting, Inc. at P.O. Box 419, Baytown, Texas 77522-0419. FEDERAL COMMUNICATIONS COMMISSION Stephen P. Lee Resident Agent Houston Office South Central Region Enforcement Bureau 47 U.S.C. S: 303(q); 47 C.F.R. S:S: 17.47(a), 17.51(a). See 47 C.F.R. S: 17.21(a) (requiring antenna structures more than 60.96 meters in height above the ground to be painted and lighted). See also Antenna Structure Registration database for antenna structure number 1060813. Local sunset time was 5:16 p.m. Red obstruction lighting is required to be exhibited from sunset until sunrise. See 47 C.F.R. S: 17.51(a). A Notice to Airmen (NOTAM) had been issued for
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- supplementary responses on June 30 and July 20, 2000. II. BACKGROUND 3. Kona Koast owns an antenna tower (``tower'') in Kealakekua, Hawaii, with the registration number 1063428. On July 13, 1999, agents from the Honolulu Office conducted an inspection of the tower and determined that it exceeds 200 feet in height and must, therefore, be painted in accordance with Section 17.21 of the Rules. During the inspection, the agents observed that the tower's paint was severely faded, chipped and flaking. 4. On July 15, 1999, the Honolulu Office issued an Official Notice of Violation ("NOV") to Kona Koast for failure to maintain the tower's paint. In its reply to the NOV, received August 9, 1999, Kona Koast stated that the tower
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- II. BACKGROUND 3. Natchez is the licensee of FM Station WTYJ in Fayette, Mississippi, and owns that station's antenna tower (``tower''). On March 19, 1999, an agent from the Commission's New Orleans Field Office conducted an inspection of the tower and determined that it exceeds 200 feet in height and must, therefore, be painted and illuminated in accordance with Section 17.21 of the Rules. During the inspection, the agent observed that the tower's lights were not functioning, that its paint was severely chipped and faded, and that the antenna tower's registration number was not posted on the tower. 4. On March 31, 1999, the New Orleans Field Office issued an Official Notice of Violation ("NOV") to Natchez for failure to maintain
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- ORDER Adopted: March 22, 2000 Released: March 23, 2000 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) against Kel-Comm Broadcasting, Inc., for willful and repeated violations of Section 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, and 17.50 of the Commission's Rules (``Rules''). The noted violations involve failure to respond to a Notice of Violation, failure to comply with prescribed tower marking requirements, failure to register the tower, and failure to install and operate EAS equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in
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- ORDER Adopted: March 22, 2000 Released: March 23, 2000 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) against Mar-Comm Broadcasting, Inc., for willful and repeated violations of Section 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, 17.50 and 17.56(a) of the Commissions' Rules (``Rules'').1 The noted violations involve failure to respond to a Notice of Violation, failure to comply with prescribed tower marking requirements, failure to register the tower and failure to install and operate EAS equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture
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- Lights Should Be Exhibited). Saint Paul, MN Resident Agent Office (4/30/02). * Pinnacle Towers, La Crosse. Other violation: 47 C.F.R. 17.51 (Time When Lights Should Be Exhibited). Saint Paul, MN Resident Agent Office (4/30/02) * 47 C.F.R. 17.6 Responsibility of Commission Licensees and Permittees * ZGS Broadcasting of Tampa, Inc., Tampa, FL. Tampa, FL District Office (4/10/02). * 47 C.F.R. 17.21 Painting and Lighting, When Required * Pinnacle Towers, Inc., Sarasota, FL. Tampa, FL District Office (4/8/02). * Adrienne Arsht, Potomac, MD. Tampa, FL District Office (4/10/02). * American Tower through American Tower Management, Inc., Atlanta, GA. Tampa, FL District Office (4/17/02). * American Tower Thru OmniAmerica Holding, Atlanta, GA. Tampa, FL District Office (4/17/02). * Crown Castle GT Company, LLC,
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- and 17.51 (Time When Lights Should Be Exhibited). Tampa, FL District Office (6/20/02). * Moffatt Properties Leasing LLC, Tupelo, MS. $2,000 NAL. New Orleans, LA District Office (6/24/02). * East Tennessee Radio Group, L.P., Dalton, GA. $5,000 NAL. Other violation: 47 C.F.R. 17.57 (Report of Radio Transmitting Antenna Construction, Alteration and/or Removal). Atlanta, GA District Office (6/27/02). * 47 C.F.R. 17.21 Painting and Lighting, When Required * United States Cellular Corporation, Chicago, IL, owner of Antenna Structure No. 1233307 near Ellsworth, Iowa. $10,000 NAL. Other violation: 47 C.F.R. 17.45 (Temporary Warning Lights). Kansas City, MO District Office (6/5/02). * Haviland Telephone Co., Inc., Haviland, KS. $10,000 NAL. Kansas City, MO District Office (6/13/02). * Morgan Tower, Inc., Cinnaminson, NJ. $10,000 NAL.
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- Services * 47 C.F.R. 80.953 Inspection and Certification * KYS Inc., Sandusky, OH. $2,200 NAL. Detroit, MI District Office (12/31/01). NOTICES OF VIOLATION 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.89 Failure to Respond to Notice of Violation * Larry Birch DBA Birches Communications, Mays Landing, NJ. Other violations: 47 C.F.R. 17.4(a) (Antenna Structure Registration Number) and 17.21 (Painting and Lighting, When Required). Philadelphia, PA District Office (12/21/01). 47 C.F.R. Part 11 Emergency Alert System * 47 C.F.R. 11.15 EAS Operating Handbook * KM Radio of Merced, LLC, Merced, CA (KBKY(FM)). Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.267 (Determining Operating Power), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1226
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- the instructions and by the deadline set forth in the NAL. Communications Act * 47 U.S.C. 301 Unauthorized Operation * Nextel WIP License Corp., Eden Palehua Ridge, HI. $10,000 NAL. Honolulu, HI Resident Agent Office (9/30/02). * 47 U.S.C. 303(q) Antenna Structure Painting and Lighting * Max Media of Montana, LLC, Great Falls, MT. $13,000 NAL. Other violations: 47 C.F.R. 17.21 (Painting and Lighting, When Required), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal). Seattle, WA District Office (9/27/02). 47 C.F.R. Part 11 Emergency Alert System Rules * 47 C.F.R. 11.35 Equipment Operational Readiness * American Family Association, KAUF, Tupelo, MS. $9,000 NAL. Other violations: 47 C.F.R. 73.3527 (Local
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- Systems, Inc., Texarkana, AR. $3,000 NAL. Dallas, TX District Office (10/7/02). * Piedmont Radio Co, WPID, Piedmont, AL. $10,000 NAL. Other violation: 47 C.F.R. 73.1125 (Station Main Studio Location). Atlanta, GA District Office (10/15/2002). * Meade County Communications, Inc., WMMG-FM, Bradenburg, KY. $3,000 NAL. Chicago, IL District Office (10/18/02). * Three Angels Corp., St. Thomas, USVI. $13,000 NAL. Other violation: 17.21 (Lighting and Painting Requirements, When Required). San Juan, PR Resident Agent Office (10/22/02). * Grass Roots Broadcasting, LLC, WAMM, Woodstock, VA. $20,000 NAL. Other violations: 47 C.F.R. 17.50 (Cleaning and Repainting) and 73.1125 (Main Studio Location). Columbia, MD District Office (10/23/02). * Good Radio Broadcasting Corporation, Allendale, SC. $3,000 NAL. Atlanta, GA District Office (10/25/02). * 47 C.F.R. 17.4(g) Posting
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- Francisco, CA District Office (1/30/02). * American Tower, L.P., Oroville, CA (ASR# 1202000). San Francisco, CA District Office (1/30/02). * State of California, Oroville, CA (ASR# 1202233). San Francisco, CA District Office (1/30/02). * 47 C.F.R. 17.6 Responsibility of Commission Licensees and Permittees * GTE Hawaiian Telephone Company, Inc., Irving, TX. Honolulu, HI Resident Agent Office (1/29/02). * 47 C.F.R. 17.21 Painting and Lighting, When Required * Morgan Towers, Inc., Cinnaminson, NJ. Philadelphia, PA District Office (1/10/02). * 47 C.F.R. 17.23 Specifications for Painting and Lighting Antenna Structures * AT&T Wireless Services, Inc., Center Township, PA. Philadelphia, PA District Office (1/13/02). * 47 C.F.R. 17.48 Notification of Extinguishment or Improper Functioning of Lights * Wisconsin RSA No. 8 Limited Partnership, Barlington,
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- * Metro Communications, Inc., Radio Station WWCA, Gary, IN. Other violation: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notice of Extinguishment or Improper Functioning of Lights) and 73.1125 (Main Studio Location). Chicago, IL District Office (2/12/02). * Jordan Realty, Pottsville, PA. Other violation: 47 C.F.R. 17.7 (Antenna Structures Requiring notification to the FAA) and 17.21 (Painting and Lighting, When Required). Philadelphia, PA District Office (2/14/02). * Meade County Communications Inc., WMMG, Brandenburg, KY. Chicago, IL District Office (2/26/02). * Indian River County Board of Commissioners, Vero Beach, FL. Tampa, FL District Office (2/27/02). * Kokosing Construction Company, Inc., Fredericktown, OH. Other violations: 47 C.F.R. 17.21 (Painting and Lighting, When Required) and 17.50 (Cleaning and Repainting).
- http://www.fcc.gov/eb/Public_Notices/DA-02-929A1.html
- Antenna Structure #1019051, King George, VA. Columbia, MD District Office (3/29/02). * Washington DC MSSA LTD Partnership, d.b.a. Bell Atlantic Nynex Mobile, Antenna Structure #1037981, Office Hall, VA. Columbia, MD District Office (3/29/02). * 47 C.F.R. 17.6 Responsibility of Commission Licensees and Permittees * Gold Coast Broadcasting Company, Santa Monica, CA. Los Angeles, CA District Office (3/6/02). * 47 C.F.R. 17.21 Painting and Lighting, When Required * Time Warner Entertainment, Advance Newhouse Partnership, Maitland, FL. Tampa, FL District Office (3/8/02). * Pinnacle Towers, Inc., Sarasota, FL. Tampa, FL District Office (3/25/02). * 47 C.F.R. 17.22 Particular Specifications to be Used * Matanuska Kenai Inc., DBA Cellular Connection, Wasilla, AK. Anchorage, AK Resident Agent Office (3/12/02). * 47 C.F.R. 17.48 Notification of
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- Cybertel Cellular Telephone Co., Hoffman Estates, IL. Kansas City, MO District Office (6/21/00). Cybertel RSA Cellular LP, Hoffman Estates, IL. Kansas City, MO District Office (6/21/00). Hood River Cellular Telephone Company, Pueblo, CO. Denver, CO District Office (6/21/00). Telecorp Communications, Inc., Arlington, VA. Kansas City, MO District Office (6/21/00). WWC Holding Company, Inc., Trinidad, CO. Other violation: 47 C.F.R. 17.21 (Painting and Lighting, When Required). Denver, CO District Office (6/21/00). Charter Communications, Worcester, MA. Boston, MA District Office (6/22/00). US West Communications Wireless, Thornton, CO. Portland, OR Resident Agent Office (6/22/00). VoiceStream Wireless, Portland, Oregon. Portland, OR Resident Agent Office (6/22/00). Airtouch Communications, Inc., Bellevue, WA. Portland, OR Resident Agent Office (6/23/00). American Tower, Alexandria, VA. Atlanta, GA District Office
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- 17.50 (Cleaning and Repainting). New Orleans, LA District Office (7/28/00). American Tower Corporation, Boston, MA. Detroit, MI District Office (7/31/00). Gemini Broadcasting Group, Hagerstown, MD, WQCM-FM. Other violation: 47 C.F.R. 73.1870(Chief Operators). Columbia, MD District Office (7/31/00). Gemini Broadcasting Group, Hagerstown, MD, WHAG-AM. Other violation: 47 C.F.R. 73.1870(Chief Operator). Columbia MD District Office (7/31/00). 47 C.F.R. 17.21 - Painting and Lighting When Required American Tower Corporation, Atlanta, GA. Other violation: 47 C.F.R. 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Renewal). Tampa, FL District Office (7/17/00). 47 C.F.R. 17.23 - Specifications for Painting and Lighting Antenna Structures Washington State University d/b/a KFAE-FM, Kennewick, WA. Seattle, WA District Office (7/24/00). Detroit SMSA Limited Partnership, Hoffman
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- Log) and 73.3526 (Local Public Inspection File for Commercial Stations). New Orleans, LA District Office (3/29/01). City of Belleville, Belleville, IL. Chicago, IL District Office (3/30/01). 47 C.F.R. 17.4(g) - Posting of Antenna Structure Registration Numbers Hawaiian Wireless, Inc., Providence, RI. Honolulu, HI Resident Agent Office (3/1/01). Quad States Towers & Communications, Luverne, MN. Other violations: 47 C.F.R. 17.21 (Painting and Lighting, When Required) and 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Chicago, IL District Office (3/1/01). Trogden Zelbie, Glendale, CA. Los Angeles, CA District Office (3/1/01). AT&T Wireless Services, Inc., Baltimore, MD. Columbia, MD District Office (3/5/01). Celulares Telefonica (KNKA464), San Juan, PR. Other violation: 47 C.F.R. 17.50 (Cleaning and Repainting) San Juan, PR Resident
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- Repainting), 17.56 (Maintenance of Lighting Equipment), 73.49 (AM Transmission System Fencing Requirements) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (4/16/01). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. 17.4(a) - Antenna Structure Registration Centennial Puerto Rico License Corp., Washington, DC. $13,000 NAL. Other violation: 47 C.F.R. 17.21 (Painting and Lighting, When Required). San Juan, PR Resident Agent Office (4/23/01) 47 C.F.R. 17.51 - Time When Lights Should Be Exhibited American InfoAge, LLC, Clearwater, FL. $10,000 NAL. Tampa, FL District Office (4/25/01). Mega Communications of St. Petersburg, Licensee, LLC, St. Petersburg, FL $10,000 NAL. Tampa, FL District Office (4/25/01). SpectraSite Communications, Inc., Cary, NC. $10,000 NAL. Tampa,
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- of America, Heartwell, NE. Kansas City, MO District Office (5/21/01). Verizon Wireless, Alpharetta, GA. Portland, OR Resident Agent Office (5/25/01). Ned E. dba H Services, Sterling, AK. Anchorage, AK Resident Agent Office (5/29/01). Star Oil Company, Portland, OR. Portland, OR Resident Agent Office (5/29/01). VoiceStream PCS I License, LLC, Bellevue, WA. Portland, OR Resident Agent Office (5/31/01). 47 C.F.R. 17.21 - Painting and Lighting, When Required Omni Tower, Inc., Jackson NJ. Other violations: 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Philadelphia, PA District Office (5/30/01). 47 C.F.R. 17.23 - Specifications for Painting and Lighting of Antenna Structures Chicago Tower Leasing Corp., Park Ridge, IL. Chicago, IL District Office (5/1/01). Norlight Inc., Brookfield, WI. Chicago,
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- 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log) and 73.1870 (Chief Operator). Dallas, TX District Office (9/25/01). 47 C.F.R. Part 17 Construction, Marking & Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * Larry Birch d.b.a. Birches Communications, Mays Landing, NJ. Other violations: 47 C.F.R. 17.7 (Antenna Structures Requiring Notification to the FAA) and 17.21 (Painting and Lighting, When Required). Philadelphia, PA District Office (9/12/01). * Bresnan Telecommunications Company, LLC. St. Paul, MN Resident Agent Office (9/28/01). * 47 C.F.R. 17.4(g) Posting of Antenna Structure Registration Numbers * Pinnacle Towers Inc, Sarasota, FL. Chicago, IL District Office (9/6/01). * NStar Electric, W. Yarmouth, MA. Other violations: 47 C.F.R. 17.6 (Responsibility of Commission licensees and permittees)
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- Dallas, TX District Office (11/13/01). * Apple Broadcasting Company, Inc., WGDN(AM), Gladwin, MI. Other violations: 47 C.F.R. 73.1690 (Modification of Transmission Systems) and 73.1745 (Unauthorized Operation). Detroit, MI District Office (11/14/01). * Howard County Government, Howard County, MD. Columbia, MD District Office (11/16/01). * Spectrum Resources Towers, Carson City, NV(ASR 1204302). San Francisco, CA District Office (11/21/01). * 47 C.F.R. 17.21 Painting and Lighting, When Required * Leonard Stevens, Morgan Towers, Inc., Cinnaminson, NJ. Philadelphia, PA District Office (11/30/01). * 47 C.F.R. 17.23 Specifications for Painting and Lighting of Antenna Structures * Crown Communications, Canonsburg, PA. Philadelphia, PA District Office (11/16/01). * AT&T Wireless Services, Inc., Bluffdale, UT (ASR #1039565). Other violation: 47 C.F.R. 17.48 ( Notification of Extinguishment or Improper
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- supplementary responses on June 30 and July 20, 2000. II. BACKGROUND 3. Kona Koast owns an antenna tower (``tower'') in Kealakekua, Hawaii, with the registration number 1063428. On July 13, 1999, agents from the Honolulu Office conducted an inspection of the tower and determined that it exceeds 200 feet in height and must, therefore, be painted in accordance with Section 17.21 of the Rules. During the inspection, the agents observed that the tower's paint was severely faded, chipped and flaking. 4. On July 15, 1999, the Honolulu Office issued an Official Notice of Violation ("NOV") to Kona Koast for failure to maintain the tower's paint. In its reply to the NOV, received August 9, 1999, Kona Koast stated that the tower
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- II. BACKGROUND 3. Natchez is the licensee of FM Station WTYJ in Fayette, Mississippi, and owns that station's antenna tower (``tower''). On March 19, 1999, an agent from the Commission's New Orleans Field Office conducted an inspection of the tower and determined that it exceeds 200 feet in height and must, therefore, be painted and illuminated in accordance with Section 17.21 of the Rules. During the inspection, the agent observed that the tower's lights were not functioning, that its paint was severely chipped and faded, and that the antenna tower's registration number was not posted on the tower. 4. On March 31, 1999, the New Orleans Field Office issued an Official Notice of Violation ("NOV") to Natchez for failure to maintain
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- ORDER Adopted: March 22, 2000 Released: March 23, 2000 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) against Kel-Comm Broadcasting, Inc., for willful and repeated violations of Section 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, and 17.50 of the Commission's Rules (``Rules''). The noted violations involve failure to respond to a Notice of Violation, failure to comply with prescribed tower marking requirements, failure to register the tower, and failure to install and operate EAS equipment. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in