FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013 Page: 2,834
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11. The evidence in this case is sufficient to establish that Cornerstone violated Section 303(q)
of the Act and Sections 17.51(a) and 17.47(a) of the Rules. On March 20, 2012, agents from the
Philadelphia Office observed that the required red obstruction lighting on the Antenna Structure was
extinguished after sunset and that a current NOTAM was not in place. In its LOI Response, Cornerstone
admitted that the light outage had existed from August 1, 2011, when it claims it first became aware of the
light outage, until March 23, 2012, when the lights were repaired after the agents' inspection on March 20,
2012. Although Cornerstone believed a local resident was conducting daily observations of the Antenna
Structure lights, the agents' investigation revealed that the local residents were not conducting daily
monitoring. Cornerstone is responsible for monitoring the Antenna Structure lights and is liable for any
violations resulting from the failures or omissions of its employees.20 Therefore, based on the evidence
before us, we find that Cornerstone apparently willfully and repeatedly violated Section 303(q) of the Act
and Sections 17.51(a) and 17.47(a) of the Rules by failing to (1) exhibit all required red obstruction
lighting from sunset to sunrise on the Antenna Structure, and (2) monitor the Antenna Structure's lights
on a daily basis.
B. Proposed Forfeiture Amount
12. Pursuant to the Commission's Forfeiture Policy Statement and Section 1.80 of the Rules,
the base forfeiture amount for failure to comply with prescribed antenna structure lighting and marking is
$10,000.21 In assessing the monetary forfeiture amount, we must also take into account the statutory factors
set forth in Section 503(b)(2)(E) of the Act, which include the nature, circumstances, extent, and gravity of
the violations, and with respect to the violator, the degree of culpability, any history of prior offenses, ability
to pay, and other such matters as justice may require.22 Given the duration of the extinguishment and the
potential public safety hazard caused by such an outage, we find that an upward adjustment to the base
forfeiture in the amount of $5,000 is warranted. Applying the Forfeiture Policy Statement, Section 1.80 of
the Rules, and the statutory factors to the instant case, we conclude that Cornerstone is apparently liable for
a total forfeiture in the amount of $15,000.23
IV. ORDERING CLAUSES
13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications
Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission's rules,
Cornerstone TeleVision, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 303(q) of the
Act and Sections 17.51(a) and 17.47(a) of the Rules.24
2o See, e.g., Tidewater Communications, LLC, Order on Review, 25 FCC Red 1675 (2010) (finding that a violator
can be held liable for violations resulting from mistakes of its employees), citing North Country Repeaters,
Forfeiture Order, 19 FCC Red 22139 (Enf. Bur. 2004); PBJ Communications of Virginia, Inc., Memorandum
Opinion and Order, 7 FCC Red 2088 (1988); and Standard Communications Corp., Memorandum Opinion and
Order, I FCC Red 358 (1986).
21 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 Red 17087 (1997) (Forfeiture Policy Statement), recons. denied,
15 FCC Red 303 (1999); 47 C.F.R. 1.80.
22 47 U.S.C. 503(b)(2)(E).
2 See, e.g., Ramco Broadband Services, Notice of Apparent Liability for Forfeiture and Order, 26 FCC Red 255
(proposing $15,000 forfeiture for antenna structure light outage that was not timely repaired).
24 47 U.S.C. 303(q) and 503(b); 47 C.F.R. 0.111, 0.204, 0.311, 0.314, 1.80, 17.51(a) and 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/m1/87/: accessed October 19, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.