FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013 Page: 2,833
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the local residents with whom it had a verbal agreement were conducting daily observations of the
Antenna Structure lighting. Cornerstone further stated that it did not learn that the local resident's son
had taken over responsibility of the Antenna Structure until late 2011.
9. Section 503(b) of Act, provides that any person who willfully or repeatedly fails to comply
substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply with any
of the provisions of the Act or of any rule, regulation, or order issued by the Commission thereunder, shall be
liable for a forfeiture penalty." Section 312(f)(1) of the Act defines "willful" as the "conscious and
deliberate commission or omission of [any] act, irrespective of any intent to violate" the law.'2 The
legislative history to Section 312(f)1 ) of the Act clarifies that this definition of willful applies to both
Sections 312 and 503(b) of the Act, and the Commission has so interpreted the term in the Section 503(b)
context.14 The Commission may also assess a forfeiture for violations that are merely repeated, and not
willful.'5 The term "repeated" means the commission or omission of such act more than once or for more
than one day.16
A. Failure to Monitor and Exhibit Required Obstruction Lighting on the Antenna
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 17.51(a) of the Rules states
that "[a]ll red obstruction lighting shall be exhibited from sunset until sunrise unless otherwise
specified."" Section 17.47(a) of the Rules states that owners of antenna structures "(1) shall make an
observation of the antenna structure's lights at least once each 24 hours either visually .., to insure that
all such lights are functioning properly as required; or alternatively (2) shall 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."'
" 47 U.S.C. 503(b).
'2 47 U.S.C. 312(1)(1).
"1 H.R. Rep. No. 97-765, 97"' Cong. 2d Sess. 51 (1982) ("This provision [inserted in Section 312] defines the terms
'willful' and 'repeated' for purposes of section 312, and for any other relevant section of the act (e.g., Section 503)
.... As defined[,] ... 'willful' means that the licensee knew that he was doing the act in question, regardless of
whether there was an intent to violate the law. 'Repeated' means more than once, or where the act is continuous, for
more than one day. Whether an act is considered to be 'continuous' would depend upon the circumstances in each
case. The definitions are intended primarily to clarify the language in Sections 312 and 503, and are consistent with
the Commission's application of those terms .... ").
"4 See, e.g., Application for Review of Southern California Broadcasting Co., Memorandum Opinion and Order, 6
FCC Red 4387, 4388 (1991), recons. denied, 7 FCC Red 3454 (1992).
'5 See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Red 1359,
1362, para. 10 (2001) (Callais Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable television operator's
repeated signal leakage).
16 Section 312(0(2) of the Act, 47 U.S.C. 312(0(2), which also applies to violations for which forfeitures are
assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the
commission or omission of any act, means the commission or omission of such act more than once or, if such
commission or omission is continuous, for more than one day." See Callais Cablevision, Inc., 16 FCC Red at 1362.
17 47 U.S.C. 303(q).
" 47 C.F.R. 17.51(a).
19 47 C.F.R. 17.47(a).
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013, book, March 2013; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc177414/m1/86/: accessed November 12, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.