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Waldec Enterprises, Inc., Anchorage, AK

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Released: December 21, 2009

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Waldec Enterprises, Inc.
)
File No: EB-09-AN-0011
)
Registrant of ASR #1253674
)
NAL/Acct. No.: 201032780001
Anchorage, Alaska
)
FRN: 0015110877
)

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: December 21, 2009
By the Resident Agent, Anchorage Resident Agent Office, Western Region, Enforcement Bureau:

I. INTRODUCTION

1.
In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Waldec
Enterprises, Inc. (“Waldec”) registrant of antenna structure number 1253674, in Anchorage, Alaska,
apparently willfully and repeatedly violated Section 17.23 of the Commission's Rules ("Rules")1 by
failing to conform to the FAA’s painting and lighting recommendations as set forth on the structure’s
FAA determination of “no hazard.” We conclude, pursuant to Section 503(b) of the Communications Act
of 1934, as amended ("Act"),2 that Waldec Enterprises, Inc. is apparently liable for forfeiture in the
amount of four thousand dollars ($4,000).

II. BACKGROUND

2.
Antenna structure 1253674 is 48.7 meters in height above ground and, due to its
proximity to airfields, according to its antenna structure registration (“ASR”), is required to have lighting
in accordance with specific Chapters of the FAA Advisory Circular for Obstruction Marking and
Lighting.3 Specifically, the Chapters detail that the antenna structure is required to have top mounted
lighting and, in particular, Chapter 5 requires structures exceeding 150 feet (46m) AGL to have at least
one red flashing (L-864) beacon installed in a manner to ensure an unobstructed view of one or more
lights by a pilot. 4 Further review of the Commission’s ASR records reveals that the ASR for antenna
structure number 1253674 reflects a height above ground of 48.7 meters and a construction completion
date of July 9, 2007.
3.
On May 14, 2009, agents from the Anchorage Resident Agent Office inspected antenna
structure number 1253674, located near the intersection of Boniface Parkway and DeBarr Road in
Anchorage, Alaska. The agent’s located ASR number 1253674 posted at the site. The agents observed
and documented that the top mounted lighting on the antenna structure consisted of one steady burning
red light.


147 C.F.R. § 17.23.
247 U.S.C. § 503(b).
3 FAA Circular Number 70/7460-1K, Chapters 4, 5, and 12.
4 FAA Circular Number 70/7460-1K, Chapters 4, 5, and 12.

Federal Communications Commission

4.
Prior to that inspection, on August 10, 2007, Anchorage agents inspected antenna
structure number 1253674. The agents observed and documented that the top mounted lighting on the
antenna structure consisted of one side-by-side red light.
5.
On August 30, 2007, an agent from the Anchorage Resident Agent Office issued a
Notice of Violation (“NOV”) to Waldec. The NOV specified that antenna structure number 1253674
was in violation of Section 17.23 of the Commission’s Rules, which requires that antenna structures must
conform to the FAA’s painting and lighting recommendations set forth on the structures’ FAA
determination of “no hazard,” as referenced in the relevant FAA Advisory Circulars.5 The
recommendations for antenna structure number 1253674 are found in FAA Study 2006-AAL-72-OE,
which requires that antenna structure number 1253674 have top mounted lighting consisting of a flashing
red beacon. 6
6.
On September 24, 2007, the Anchorage Resident Agent Office received a written
response to the NOV issued to Waldec.7 The Waldec NOV response states that it was aware of the FAA
Chapter 5 lighting requirement which required a L-864 type red flashing beacon, but that they were
advised by employees of a communications company who they believed had expert experience and
knowledge of the FCC and FAA rules, that a L-810 type side-by-side solid red (non-flashing) light would
be sufficient, and requested the Anchorage Office grant a waiver or variance to the required L-864 red
flashing light requirement and allow the existing L-810 type lighting to remain until such time that the
overall height of the structure is increased.
7.
On September 26, 2007, an Anchorage resident agent discussed the NOV response with a
Waldec representative. The Anchorage agent advised that the Anchorage Office cannot issue waivers or
variances, that compliance with the lighting specifications in the antenna structure’s ASR and FAA Study
is required, that if the record is in error then the registrant must bring the error to the FAA to correct or
rework the Obstruction Evaluation (OE), and that Waldec keep the Anchorage office informed of
progress toward coming into compliance. No further communications were received from Waldec.
8.
On April 10, 2008, Anchorage agents from the Anchorage Resident Agent Office inspected
antenna structure number 1253674. The agents observed and documented that the top mounted lighting on
the antenna structure consisted of one steady burning red light.

III. DISCUSSION

9.
Section 503(b) of the 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. The term "willful" as used in Section 503(b) has been
interpreted to mean simply that the acts or omissions are committed knowingly.8 The term “repeated”
means the commission or omission of such act more than once or for more than one day.9


5 See Notice of Violation (Corrected Copy), File No. EB-07-AN-039, NOV No: V20073278005, released August 30,
2007.
6 FAA Circular Number 70/7460-1K, Chapters 4, 5, and 12.
7See Letter from Waldec Enterprises, Inc., to the Anchorage Resident Agent Office dated September 19, 2007
(“Response”).
8Section 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
(continued....)
2

Federal Communications Commission

10.
Section 17.23 of the Rules requires that each new or altered antenna structure to be
registered on or after January 1, 1996, must conform to the FAA’s painting and lighting recommendations
set forth on the structures’ FAA determination of “no hazard,” as referenced in the following FAA
Advisory Circulars: AC 70/7460-1J “Obstruction Marking and Lighting,” effective January 1, 1996, and
AC 150/5345-43E, “Specification for Obstruction Lighting Equipment,” dated October 19, 1995.10 On
August 30, 2007, the Anchorage Office notified Waldec that the lighting on antenna structure number
1253674 did not comply with the FAA lighting recommendations for the structure. On April 10, 2008,
and May 14, 2009, Anchorage agents observed that the lighting on antenna structure number 1253674
failed to comply with the FAA’s lighting recommendations for the structure.
11.
Waldec failed to bring the lighting on antenna structure number 1253674 into compliance
with the FAA recommendations, despite receiving a NOV concerning the violation from the Anchorage
Office. Therefore, Waldec’s violation of Section 17.23 is willful. The violation occurred on more than one
day, therefore, it is repeated. Based on the evidence before us, we find that Waldec willfully and
repeatedly violated Section 17.23 of the Rules by failing to conform the lighting on antenna structure
number 1253674 with the FAA recommendations for the antenna structure.
12.
Pursuant to The Commission’s Forfeiture Policy Statement and Amendment of Section
1.80 of the Rules to Incorporate the Forfeiture Guidelines, ("Forfeiture Policy Statement"), and Section
1.80 of the Rules, the base forfeiture amount for failure to comply with prescribed lighting specifications
is $10,000.11 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, and history of prior
offenses, ability to pay, and other such matters as justice may require.12 Applying the Forfeiture Policy
Statement
, Section 1.80, and the statutory factors to the instant case, we conclude that the structure is
partially in compliance by having some form of red obstruction lighting at its top and, therefore, we find
Waldec is apparently liable for a $4,000 forfeiture.

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, 0.311 and 1.80 of the Commission's Rules, Waldec
Enterprises, Inc. is hereby

NOTIFIED

of this

APPARENT LIABILITY FOR A FORFEITURE

in the
amount of four thousand dollars ($4,000) for violation of Section 17.23 of the Rules.13
14.

IT IS FURTHER ORDERED

that, pursuant to Section 1.80 of the Commission's Rules
within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Waldec


(...continued from previous page)
any provision of this Act or any rule or regulation of the Commission authorized by this Act…." See Southern
California Broadcasting Co.
, 6 FCC Rcd 4387 (1991).
9Section 312(f)(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 "[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.”
1047 C.F.R. § 17.23.
1112 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. §1.80.
1247 U.S.C. § 503(b)(2)(E).
1347 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80, 17.23.
3

Federal Communications Commission

Enterprises, Inc.

SHALL PAY

the full amount of the proposed forfeiture or

SHALL FILE

a written
statement seeking reduction or cancellation of the proposed forfeiture.
15.
Payment of the forfeiture must be made by check or similar instrument, payable to the
order of the Federal Communications Commission. The payment must include the NAL/Account
Number and FRN Number referenced above. Payment by check or money order may be mailed to
Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
overnight mail may be sent to U.S.Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005
Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card, an
FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter the
NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in block
number 24A (payment type code). Requests for full payment under an installment plan should be sent to:
Chief Financial Officer – Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C.
20554.14 Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov with any questions regarding payment procedures.
16.
The response, if any, must be mailed to Federal Communications Commission,
Enforcement Bureau, Western Region, Anchorage Resident Agent Office, P.O. Box 221849, Anchorage,
Alaska 99522-1849 and must include the NAL/Acct. No. referenced in the caption.
17.
The Commission will not consider reducing or canceling a forfeiture in response to a
claim of inability to pay unless the petitioner submits: (1) federal tax returns for the most recent three-
year period; (2) financial statements prepared according to generally accepted accounting practices
("GAAP"); or (3) some other reliable and objective documentation that accurately reflects the petitioner’s
current financial status. Any claim of inability to pay must specifically identify the basis for the claim by
reference to the financial documentation submitted.
18.

IT IS FURTHER ORDERED

that a copy of this Notice of Apparent Liability for
Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Waldec
Enterprises, Inc., at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Marlene Windel
Resident Agent
Anchorage Resident Agent Office
Western Region
Enforcement Bureau


14 See 47 C.F.R. § 1.1914.
4

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