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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                   )     File Number EB-02-TP-488
                                                            )
M/A Com Private Radio Systems,     )    NAL/Acct. No.200332700002
Inc.                               )
Owner of Antenna Structure         )             FRN # 0005833058
Registration Number 1233515 in     )
Clarksville, Florida
Lynchburg, Virginia
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                      Released:  October 22, 2002  

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find M/A  Com Private  Radio Systems,  Inc. (``M/A''),  owner  of 
antenna structure 1233515 in Clarksville, Florida, willfully  and 
repeatedly violated  Section  17.51  of  the  Commission's  Rules 
(``Rules'')1 by failing to  exhibit medium intensity  obstruction 
lighting  on  structure  1233515.    We  conclude  that  M/A   is 
apparently liable for a forfeiture in the amount of ten  thousand 
dollars ($10,000).

                         II.  BACKGROUND

     2.   Antenna structure #1233515  is located in  Clarksville, 
Florida.  M/A is  the registered  owner of  this structure.   The 
structure's Antenna  Structure Registration  (``ASR'')  specifies 
that the structure be lit  with a medium intensity dual  lighting 
system.

     3.   On August 6,  2002, an agent  from the FCC  Enforcement 
Bureau, Tampa  Office observed  that  structure 1233515  was  not 
illuminated per its assigned painting and lighting specifications 
in that  the top  strobe light  was extinguished.   An FCC  agent 
contacted  the  Federal  Aviation  Administration  (``FAA'')  who 
confirmed that a NOTAM  had not been  requested by the  structure 
owner.

     4.   On August  7, 2002,  agents  from the  FCC  Enforcement 
Bureau, Tampa  Office observed  that  structure 1233515  was  not 
illuminated per its assigned painting and lighting specifications 
in that the top strobe light was extinguished.  

                        III.  DISCUSSION

     5.   Section 17.51  requires  that all  high  intensity  and 
medium  intensity  obstruction   lighting  should  be   exhibited 
continuously unless otherwise specified.  On August 6 and  August 
7,  2002,  M/A  failed  to  exhibit  required  medium   intensity 
obstruction lighting on structure 1233515 in accordance with  its 
registration requirements. M/A  had made no  report of the  light 
outage to the FAA.2

     6.   Based on the evidence before us, we find that on August 
6 and August  7, 2002,  M/A willfully3  and repeatedly4  violated 
Section 17.51 of the Rules by failing to exhibit tower lights  on 
structure 1233515.

     7.   Pursuant to Section 1.80(b)(4) of the Rules,5 the  base 
forfeiture amount for failure to exhibit obstruction lighting  is 
$10,000. Section 503(b)(2)(D) of the Communications Act of  1934, 
as amended (``Act''), requires us  to take into account  ``...the 
nature, circumstances, extent, and gravity of the violation,  and 
with respect  to the  violator, the  degree of  culpability,  any 
history or prior offenses, ability to pay, and other such matters 
as justice  may require.''6  Considering  the entire  record  and 
applying the factors listed above,  this case warrants a  $10,000 
forfeiture.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,7 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,8 M/A Com Private Radio Systems, Inc. is hereby NOTIFIED of 
this APPARENT LIABILITY  FOR A  FORFEITURE in the  amount of  ten 
thousand dollars ($10,000) for willful and repeated violation  of 
Section 17.51  of the  Rules by  failing to  exhibit  obstruction 
lighting on structure 1233515 in Clarksville, Florida.

     9.   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, M/A Com Private Radio Systems, Inc., SHALL 
PAY the full amount  of the proposed forfeiture  or SHALL FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     10.  Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct.  No.  and  FRN  referenced  in  the  letterhead  above. 
Requests for  payment  of  the  full amount  of  this  Notice  of 
Apparent Liability under an installment  plan should be sent  to: 
Federal Communications Commission, Chief, Revenue and Receivables 
Operations Group, 445 12th Street, SW, Washington, DC 20554.9

     11.  The  response  if  any,  must  be  mailed  to   Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street  SW,  Washington,  DC  20554,  Attn:  Enforcement  Bureau-
Technical & Public Safety Division, and MUST INCLUDE THE  NAL/and 
FRN referenced in the letterhead above.
 
     12.  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.

     13.   Under the Small Business Paperwork Relief Act of 2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate filing  to be  sent  to the  Technical &  Public  Safety 
Division.   Your  certification  should  indicate  whether   you, 
including your parent  entity and its  subsidiaries, meet one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of Communications Business Opportunities (OCBO) set  forth 
in Attachment  A  of this  Notice  of Apparent  Liability.   This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b)  of  the  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this Notice  of 
Apparent Liability shall  be sent by  regular mail and  Certified 
Mail Return Receipt Requested to  M/A Com Private Radio  Systems, 
Inc., 3315 Old Forest Road, Lynchburg, VA 24501.

                         FEDERAL COMMUNICATIONS COMMISSION



                         Ralph M. Barlow
                         District Director - Tampa Office
                         Enforcement Bureau

Attachment.
_________________________

1 47 C.F.R.  17.51.

2 Registered antenna structure owners must notify the FAA of any 
known improper functioning of any top light or any flashing 
obstruction light.  See 47 C.F.R.  17.48(a).

3 Section 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 any provision of 
this Act . . . .''  See Southern California Broadcasting Co., 6 
FCC Rcd 4387-88 (1991).

4 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies equally to 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.''

5 47 C.F.R.  1.80(b)(4).

6 47 U.S.C.  503(b)(2)(D).

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.