FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,146
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requires all red obstruction lighting to be exhibited from sunset to sunrise unless otherwise specified.'6
The Tower is over 200 feet in height and is required to be painted and lit.'7 Andrews Tower admitted that
the Tower's red obstruction lighting was not lit after sunset as of July 8, 2010, and an agent from the
Dallas Office confirmed the Tower light outage on July 12, 2010. Andrews Tower did not notify the
FAA of the lighting outage prior to July 15, 2010," even though it was notified of the outage on July 8,
2010. Thus, based on the evidence before us, we find that Andrews Tower apparently willfully and
repeatedly violated section 303(q) of the Act and section 17.51(a) of the Rules by failing to exhibit
required red obstruction lighting on the Tower after sunset.
7. Pursuant to the Commission's Forfeiture Policy Statement and section 1.80 of the Rules,
the base forfeiture amount for failing to comply with prescribed lighting and/or marking is $10,000.'9 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.20 Applying the Forfeiture Policy Statement, section 1.80
of the Rules, and the statutory factors to the instant case, we conclude that Andrews Tower is apparently
liable for a forfeiture of $10,000 for failing to comply with lighting requirements.
8. We direct Andrews Tower to submit a statement signed under penalty of perjury by an
officer or director of Andrews Tower stating: (1) the current status of the Tower's lights, and (2) the method
used to make daily determinations that the obstruction lighting on the Tower is functioning properly and any
related documentation (logs, monitoring schedule, name of the responsible employees, etc.) that verify the
method of daily tower light observation. If the Tower's lights have not yet been repaired, please describe
the steps taken to repair the lights and a timetable for completion. This statement must be provided to the
Dallas Office at the address listed in paragraph 13 within fifteen days of the release date of this NAL.
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications
Act of 1934, as amended, and sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Andrews Tower
Rental, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of ten thousand dollars ($ 10,000) for violations of section 303(q) of the Act and section 17.51(a)
of the Rules."'
10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty
days of the release date of this Notice of Apparent Liability for Forfeiture, Andrews Tower Rental, Inc.
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
16 47 C.F.R. 17.51(a).
7 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 For feiture 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"), recon. denied.
15 FCC Red 303 (1999); 47 C.F.R. 1.80.
20 47 U.S.C. 503(b)(2)(E).
2 47 U.S.C. 303(q), 503(b); 47 C.F.R. 0.1 11, 0.204, 0.311, 0.314. 1.80, and 17.51(a).
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/m1/318/: accessed August 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.