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Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
Florida Food Products, Inc. ) File Number EB-04-TP-037
Owner of an Unregistered Antenna ) NAL/Acct. No.200432700015
Structure
) FRN 0001801687
Eustis, Florida
)
)
)
MEMORANDUM OPINION AND ORDER
Adopted: December 21, 2007 Released: December 27, 2007
By the Chief, Enforcement Bureau:
I. introduction
1. In this Memorandum Opinion and Order, we deny the request for further
reconsideration filed by Florida Food Products, Inc. ("FFP"), former
owner of an antenna structure in Eustis, Florida. FFP seeks
reconsideration of the Enforcement Bureau's ("Bureau") Memorandum
Opinion and Order ("Order") released on September 8, 2006. In that
Order, the Bureau denied FFP's petition for reconsideration of a
Bureau Forfeiture Order which found FFP liable for a monetary
forfeiture in the amount of three thousand dollars ($3,000) for
willful and repeated violation of Section 17.4(a) of the Commission's
Rules ("Rules"), for failing to register its antenna structure.
II. BACKGROUND
2. As a result of a January 26, 2004 inspection, an agent from the
Commission's Tampa, Florida Field Office ("Tampa Office") determined that
FFP's antenna structure was not registered. On March 15, 2004, the Tampa
Office issued to FFP a Notice of Apparent Liability for Forfeiture ("NAL")
in the amount of $3,000 for apparent willful and repeated violation of the
registration requirements of Section 17.4(a) of the Rules. In its response
dated March 24, 2004, FFP did not dispute the NAL's findings but argued
that it was entitled to relief for attempting to comply with the
Commission's registration requirements after the Tampa Office notified FFP
of the lack of registration.
3. On December 28, 2004, the Bureau released a Forfeiture Order which
affirmed the NAL, and assessed a $3,000 forfeiture to FFP for willful and
repeated violation of Section 17.4(a) of the Rules. On January 13, 2005,
the Commission received FFP's petition for reconsideration ("Petition"),
wherein FFP notified the Commission that it had demolished the tower in
September, 2004, and it further requested that the Forfeiture Order be
revoked if possible, and if not, that it would make a partial payment of
the $3,000 forfeiture. Because FFP did not register its tower until May
17, 2004, more than three months after the Tampa Office notified it of the
lack of registration on January 26, 2004, and more than six years after it
was required to have its tower registration completed, the Bureau issued
an Order on September 8, 2006, denying FFP's Petition. The Bureau stated
that the Commission expects violations observed during an inspection
and/or subject to enforcement action will be corrected, and found FFP's
demolition of the tower to be a subsequent corrective measure not
warranting cancellation or reduction of the forfeiture. On September 13,
2006, the Commission received FFP's request for further reconsideration, a
note written on the Bureau Order, which reiterated the fact that FFP had
demolished the tower several years before.
III. DISCUSSION
4. At the outset, we observe that FFP in its most recent request again
does not dispute that it violated Section 17.4(a) of the Rules.
Specifically, FFP's request for further reconsideration consists of a
hand-written note on the Bureau's Order which states, in its entirety:
"[r]adio tower demolished about 4 years ago sent certified letter stating
this Questions call 352-357-4141 ext 303 Jerry Brown Fla Food Products."
"It is well settled that a petition for reconsideration which simply
reiterates arguments that were previously considered and rejected will be
denied." Thus, FFP's repetitive argument in support of reconsideration is
not entitled to further consideration, and will be denied.
IV. ORDERING CLAUSES
5. Accordingly, IT IS ORDERED that, pursuant to Section 405(b) of the
Communications Act of 1934, as amended, and Section 1.106 of the Rules,
the request for reconsideration filed by Florida Food Products, Inc. IS
DENIED.
6. Payment of the three thousand dollar ($3,000) forfeiture assessed by
the Forfeiture Order shall be made in the manner provided for in Section
1.80 of the Rules within 30 days of the release of this Memorandum Opinion
and Order. If the forfeiture is not paid within the period specified, the
case may be referred to the Department of Justice for collection pursuant
to Section 504(a) of the Act. 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/Acct. No. and
FRN No. referenced above. Payment by check or money order may be mailed to
Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA
15251-8340. Payment by overnight mail may be sent to Mellon
Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
15251. Payment by wire transfer may be made to ABA Number 043000261,
receiving bank Mellon Bank, and account number 911-6106. Requests for
payment of the full amount of the NAL under an installment plan should be
sent to: Associate Managing Director - Financial Operations, 445 12th
Street, S.W., Room 1A625, Washington, D.C. 20554.
7. IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order
shall be sent by First Class and Certified Mail Return Receipt Requested
to Florida Food Products, Inc., P.O. Box 1300, Eustis, Florida 32727-1300.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
Florida Food Products, Inc., Memorandum Opinion and Order, 21 FCC Rcd
9999 (Enf. Bur. 2006).
Florida Food Products, Inc., Forfeiture Order, 19 FCC Rcd. 24923 (Enf.
Bur. 2004)
47 C.F.R. S: 17.4(a).
Because FFP's antenna structure exceeded 200 feet and was subject to
Federal Aviation Administration notification, the Rules require that the
structure be registered with the Commission. See 47 C.F.R. S: 17.4(a); see
also 47 C.F.R. S: 17.7(a).
Florida Food Products, Inc., Notice of Apparent Liability for Forfeiture,
NAL/Acct. No. 200432700015 (Enf. Bur., Tampa Office, released March 15,
2004).
Florida Food Products, Inc., 21 FCC Rcd at 10001.
See note written on copy of Bureau Order from Jerry Brown, Florida Food
Products.
Id.
Bennett Gilbert Gaines, Memorandum Opinion and Order, 10 FCC Rcd 681
(1995).
See Infinity Broadcasting Operations, Inc., Memorandum Opinion and Order,
19 FCC Rcd 4216 (2004). See also, Electronic Engineering Company, Order
on Reconsideration, 16 FCC Rcd 5434, 5435-6 (WTB 2001).
47 U.S.C. S: 405(b).
47 C.F.R. S: 1.106.
47 U.S.C. S: 504(a).
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission DA 07-5084
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Federal Communications Commission DA 07-5084