NEWSReport No. CI 97-3  COMPLIANCE AND INFORMATION  ACTION  March 27, 1997

COMMISSION UPHOLDS RULING IN CHESAPEAKE BAY CONTRACTORS CASE

       
     The Commission issued a Memorandum Opinion and Order denying the Chesapeake
Bay Contractors's Application of Review for a fine of $6,400 received for violation of the
Commission's tower painting and lighting regulations.

     Initially, the Commission's Compliance and Information Bureau (CIB) found that
Chesapeake Bay Contractors violated Commission's  tower rules failing to paint and light the
tower in accord with its FCC license.   When it appealed the monetary forfeiture to CIB, the
licensee claimed, among other things, that it relied on its contractor to properly relocate the
tower within a mile of the Oceana Naval Air Station in Virginia Beach, Virginia.  In
upholding the forfeiture, CIB indicated that the licensee is responsible for ensuring that it
meets any conditions on its license.  In the Application of Review, Chesapeake Bay
Contractors requested that the Commission review the initial action taken by the Compliance
and Information Bureau.

     The Commission stated that the license issued to Chesapeake Bay Contractors in 1988
contained clear and unambiguous lighting and painting requirements for a tower located
within one mile of the Oceana Naval Air Station.  In this Memorandum Opinion and Order,
the Commission found that CIB properly determined that Chesapeake Bay Contractors failed
to comply with these requirements, that CIB properly considered and addressed all arguments
raised by Chesapeake Bay Contractors, and that the licensee, was  subject to the forfeiture of
$6,400 initially assessed by CIB.

     Action by the Commission March 21, 1997 by Memorandum Opinion and Order
(FCC 97-104).  Chairman Hundt, Commissioners Quello, Ness and Chong.

-- FCC --

          News Media Contact:  Jodie Buenning at (202) 418-0500.
          Compliance and Information Bureau Contact: Ana Janckson Curtis (202) 418-
          1160.