FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,145
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outage.' On July 12, 2010, an agent from the Dallas Office confirmed by direct observation that the
Tower's red obstruction lighting was not lit after sunset. On July 15, 2010, Andrews Tower's owner
telephoned the agent to state that the Tower lights had not yet been repaired and to request the FAA's
telephone number so that it could notify them of the outage.
4. On July 28, 2010, in response to a new complaint about a light outage on the Tower, an agent
from the Dallas Office emailed Andrews Tower, but did not receive a response.8 On August 17, 2010 and
October 14, 2010, the Dallas Office issued letters of inquiry to Andrews Tower about ownership of the
Tower, the status of the Tower's lights, and Andrews Tower's monitoring practices.9 In response to the
second letter of inquiry, Andrews Tower admitted that the Tower's lights were out as of July 8, 2010 and that
it did not become aware of the light outage on the Tower until contacted by the agent on July 8, 2010.10
Andrews Tower stated that the owner of the land on which the Tower is located failed to notify it of the
5. Section 503(b) of the Act'2 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. The term "willful" as used in section 503(b) of the Act 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.'4
6. 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."5 Section 17.51(a) of the Rules
7 On July 8, 2010, Andrews Tower's owner responded to the voice message stating that Andrews Tower did not own
the Tower. Andrews Tower subsequently admitted ownership of the Tower. See supra note 2.
8 See email from Dallas OtTice to Karen McMillan, owner of Andrews Tower Rental, Inc., dated July 28, 2010.
9 See Letter from James D. Wells, District Director, Dallas Office, to Andrews Tower Rental, Inc. dated August 18,
2010; Letter from James D. Wells, District Director, Dallas Office, to Andrews Tower Rental, Inc. dated October 6,
2010. The second letter of inquiry was sent because the Dallas Office did not receive a response to the first letter of
1O Letter from Karen McMillan, owner of Andrews Tower Rental, Inc., to Jim Wells, District Director, Dallas
Office, dated October 15, 2010.
12 47 U.S.C. 503(b).
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 of such act, irrespective of any
intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act...."
See, e.g., Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon.
denied, 7 FCC Rcd 3454 (1992).
"4 Section 312(1)(2) of the Act, 47 U.S.C. 312(f)(2). which also applies to violations for which forfeitures are
assessed under section 503(b) of the Act, provides that "[tlhe 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).
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/317/: accessed May 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.