**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+-------------------------------------+---+-----------------------------+
| In the Matter of                    | ) | File Number EB-02-AT-232    |
|                                     |   |                             |
| South Central Communications Corp.  | ) | NAL/Acct. No.200232480008   |
|                                     |   |                             |
| Owner of Antenna Structure          | ) | FRN 0002-9009-26            |
| Registration No. 1043695 at         |   |                             |
| Sevierville, Tennessee              | ) |                             |
|                                     |   |                             |
| Knoxville, Tennessee                | ) |                             |
|                                     |   |                             |
|                                     | ) |                             |
|                                     |   |                             |
|                                     | ) |                             |
|                                     |   |                             |
|                                     | ) |                             |
|                                     |   |                             |
|                                     | ) |                             |
+-------------------------------------+---+-----------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Released:** June 25, 2002

By the Enforcement Bureau, Atlanta Office:

**I.** **INTRODUCTION**

1.  In this *Notice of Apparent Liability for Forfeiture*, we find that
    South Central Communications Corp. ("South Central"), owner of
    antenna structure no. 1043695 in Sevierville, Tennessee, willfully
    and repeatedly violated Sections 17.51, 17.23, 17.48(a), and
    17.47(a)(2) of the Commission\'s Rules ("Rules"),[^1] by failing to
    exhibit the prescribed obstruction lighting, failing to conform to
    the prescribed painting and lighting specifications, failing to
    notify the Federal Aviation Administration ("FAA") of the
    extinguishment of the structure lights, and failing to maintain an
    operating automatic alarm system to indicate when the structure
    lighting is not operating. We find South Central Communications
    Corp. apparently liable for forfeiture in the amount of ten thousand
    dollars (\$10,000).

**II. BACKGROUND**

2.  On May 15, 2002, an agent from the FCC Enforcement Bureau's Atlanta
    Office ("Atlanta Office") inspected the antenna structure during
    daytime hours and after local sunset at 8:30 P.M. EDT. The agent
    observed that the structure was unpainted and that there were no
    daytime strobe lights in operation. After sunset the agent observed
    no red obstruction lighting on the structure. The Antenna Structure
    Registration ("ASR") specifies that the structure be painted and
    exhibit red obstruction lighting at night.

3.  On May 16, 2002, an agent from the Atlanta Office again inspected
    the antenna structure during the daytime and again observed no
    operating daytime strobe lighting. ASR number 1043695 was posted
    near the base of the structure. Contact with the FAA Flight Service
    Station in Nashville, Tennessee indicated that the extinguishment of
    the lights had not been reported.

4.  On May 21, 2002, the agent contacted the structure owner's
    representative and chief engineer and advised South Central that the
    lighting on the antenna structure was not functioning and that the
    structure was not painted and marked as specified on the ASR. The
    ASR specifies that the structure be marked in accordance with FAA
    Chapters 3, 4, 5, and 9 of FAA Circular Number 70/7460-1G, which
    requires painting of the structure and red obstruction lighting at
    night. South Central's representative stated that the structure had
    been purchased unpainted from a former owner, and that South Central
    had installed medium intensity strobe lighting on the structure to
    operate 24 hours a day. Furthermore, the structure's lighting is
    monitored by an automatic alarm system, which detects power to the
    lights, but cannot detect actual failure of the bulbs. Thus, South
    Central was unaware of the failure of the strobe lighting. South
    Central also stated that the FAA had not been notified of the light
    outage because they were unaware of the outage.

**III**. **DISCUSSION**

5.  Section 17.51 of the Rules requires prescribed obstruction lighting
    be exhibited from sunset to sunrise unless otherwise specified.
    Additionally, all high intensity and medium intensity obstruction
    lighting shall be exhibited continuously unless otherwise specified.
    The antenna structure was observed on May 15, 2002 during the
    daytime and after sunset at 8:30 P.M. with its obstruction lights
    not functioning. The structure was observed again on May 16, 2002
    during the daytime with its obstruction lights not functioning.
    South Central admitted that they were unaware of the light outage
    and that the automatic alarm system had failed to notify them of the
    light outage. Section 17.23 requires the owner of an antenna
    structure to conform to the mandatory painting and lighting
    specifications contained in the FAA Advisory Circular that is
    specified in the Antenna Structure Registration (ASR). The antenna
    structure bearing registration number 1043695 observed on May 15 and
    16, 2002, was not painted and had no red obstruction lighting.
    Section 17.48(a) requires the owner of an antenna structure which
    has been assigned lighting specifications to report immediately to
    the nearest Flight Service Station of the FAA any extinguishment of
    any top steady burning light or any flashing obstruction light,
    regardless of its position on the antenna structure, that is not
    corrected within 30 minutes. From at least May 15 through May 21,
    2002, South Central had not reported the light outage to the FAA.
    Section 17.47(a)(2) requires the owner of any structure which is
    registered with the Commission and has been assigned lighting
    specifications to provide and properly maintain an automatic alarm
    system designed to detect any failure of such lights and to provide
    indication of such failure to the owner. From at least May 15
    through May 21, 2002, South Central's alarm system could not detect
    a failure of the bulbs in the lighting system.

6.  Based on the evidence before us, we find South Central willfully[^2]
    and repeatedly[^3] violated Sections 17.51, 17.23, 17.48(a), and
    17.47(a)(2) of the Rules by failing to exhibit prescribed
    obstruction lighting, failing to conform to the prescribed painting
    and lighting specifications, failing to notify the FAA of the
    extinguishment of the lighting, and failing to maintain an automatic
    alarm system which can detect failure of the lighting.

7.  Pursuant to Section 1.80(b)(4) of the Rules,[^4] the base forfeiture
    amount for failure to comply with prescribed lighting and marking is
    \$10,000. In assessing the monetary forfeiture amount, we must also
    take into account the statutory factors set forth in Section
    503(b)(2)(D) of the Communications Act of 1934, as amended ("Act"),
    which include the nature, circumstances, extent, and gravity of the
    violation, and with respect to the violator, the degree of
    culpability, any history of prior offenses, ability to pay, and
    other such matters as justice may require.[^5] Considering the
    entire record and applying the factors listed above, this case
    warrants a \$10,000 forfeiture.

**IV. ORDERING CLAUSES**

8.  Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
    Act,[^6] and Sections 0.111, 0.311 and 1.80 of the Rules,[^7] South
    Central Communications Corp. is hereby NOTIFIED of its APPARENT
    LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars
    (\$10,000) for willful and repeated violation of Sections 17.51,
    17.23, 17.48(a), and 17.47(a)(2) of the Rules, by failing to exhibit
    the prescribed obstruction lighting on its antenna structure,
    failing to conform to the prescribed painting and lighting
    specifications, failing to notify the FAA of the extinguishment of
    the lighting, and failing to maintain an automatic alarm system
    which can detect failure of the lighting.

9.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
    Commission\'s Rules, within thirty days of the RELEASE DATE of this
    *Notice Of Apparent Liability*, South Central Communications Corp.
    SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
    written statement seeking reduction or cancellation of the proposed
    forfeiture.

10. Payment of the forfeiture may be made by mailing a check or similar
    instrument, payable to the order of the Federal Communications
    Commission, to the Forfeiture Collection Section, Finance Branch,
    Federal Communications Commission, P.O. Box 73482, Chicago, Illinois
    60673-7482. The payment should note the NAL/Acct. No. and FRN
    referenced above. Requests for payment of the full amount of this
    *Notice of Apparent Liability* under an installment plan should be
    sent to: Chief, Revenue and Receivables Operations Group, 445 12th
    Street, S.W., Washington, D.C. 20554.[^8]

11. The response, if any, must be mailed to Federal Communications
    Commission, Office of the Secretary, 445 12^th^ Street SW,
    Washington DC 20554, Attn: Enforcement Bureau-Technical & Public
    Safety Division and MUST INCLUDE THE NAL/Acct. No. referenced above.

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

13. IT IS FURTHER ORDERED THAT a copy of this *Notice Of Apparent
    Liability* shall be sent by regular mail and Certified Mail Return
    Receipt Requested to South Central Communications Corp., 1100 Sharps
    Ridge Road, Knoxville, TN 37917.

FEDERAL COMMUNICATIONS COMMISSION

Fred L. Broce

###  District Director

Atlanta Office, Enforcement Bureau

[^1]: 47 C.F.R §§ 17.51, 17.23, 17.48(a), and 17.47(a)(2).

[^2]: 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 of this Act
    ...." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^3]: The term "repeated" means the commission or omission of an act
    more than once or, if such commission or omission is continuous, for
    more than one day. 47 U.S.C. § 312(f)(2).

[^4]: 47 C.F.R. § 1.80(b)(4).

[^5]: 47 U.S.C. § 503(b)(2)(D).

[^6]: 47 U.S.C. § 503(b).

[^7]: 47 C.F.R. §§ 0.111, 0.311, 1.80.

[^8]: *See* 47 C.F.R. § 1.1914.