FCC Reduces Tower Lighting Fine

September 4, 2014

By J. Sharpe Smith–

September 4, 2014 — The FCC has reduced the fine levied against Telava Wireless, which owns, manages and develops carrier-grade microwave towers, to $7,500. The company was cited for failing to monitor its antenna structure lighting and for delaying the repair of the unlit antenna structure in 2012 and fined $17,000.

Telava had requested the penalty be canceled because it said it could not afford to pay the fine. The FCC investigated factors such as the gravity of the violation and the violator’s degree of culpability and its history of prior offenses, as well as ability to pay. Based on the company’s gross revenues, the commission refused to cancel the fine, but it imposed a penalty based on the percentage of gross revenues.

The FCC warned Telava that any future violations may not be excused because of a lack of the ability to pay.

“We have previously rejected inability to pay claims in cases of repeated or otherwise egregious violations,” the Commission wrote. “Therefore, future violations may result in significantly higher forfeitures that may not be reduced due to Telava’s financial circumstances.”

If Telava still believes it cannot pay the fine, it may request to pay it on an installment payment plan, according to the Commission.