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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Verizon Wireless (VAW) LLC ) File Number EB-02-DV-118
Owner of Antenna Structure ) NAL/Acct. No. 200332800002
#1001987 ) FRN 0003-8003-07
Colorado Springs, Colorado )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 29, 2002
By the District Director, Denver Office, Enforcement Bureau
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that Verizon Wireless (VAW), LLC, ("Verizon"),
the registered owner of antenna structure #1001987, in Colorado
Springs, Colorado, has apparently willfully and repeatedly
violated Sections 17.23 and 17.50 of the Commission's Rules
("Rules")1 by failing to comply with the painting specifications
required for the registered structure and failing to repaint the
structure as often as necessary in order to maintain good
visibility. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as Amended ("Act"),2 that Verizon is
apparently liable for a forfeiture in the amount of ten thousand
2. On May 14, 2002, an agent from the FCC's Denver Office
inspected an antenna structure bearing the FCC Antenna Structure
Registration Number (ASRN) 1001987. At the time of the
inspection, multiple pieces of black coaxial cabling running
vertically along two of the structure's three vertical faces
reduced the visibility of the bands of aviation orange and white
paint on the underlying antenna structure. The Agent returned to
the tower site on June 5, 2002, to photograph the site, finding
the condition of the structure's visibility unchanged.
3. 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.3 The term "willful" as
used in Section 503(b) has been interpreted to mean simply that
the acts or omissions are committed knowingly.4 The term
``repeated'' means the commission or omission of such act more
than once or for more than one day.5
4. Section 17.23 of the Rules states that registered
structures that are required to be painted and lit "must conform
to the FAA's painting and lighting recommendations set forth on
the structure's FAA determination of `no hazard,'" as referenced
in FAA Advisory Circulars. The FAA Circulars contain FAA
recommendations for painting and lighting structures which pose a
potential hazard to air navigation. Pursuant to Section 17.23,
the specifications, standards, and general requirements stated in
the FAA Circulars are mandatory. The ASR for # 1001987 specifies
that the owner is required to paint and light the structure "in
accordance with FAA Circular Number 70/7460-1J." The current FAA
Advisory Circular, 70/7460-1K, which supersedes FAA Circular
Number 70/7460-1J, requires that "Alternate bands of aviation
orange and white are normally displayed on... Coaxial cable,
conduits, and other cables attached to the face of the tower."
At the time of the inspection, none of the cabling or conduit on
the faces of the tower was painted.
5. Section 17.50 of the Rules requires structure owners to
clean or repaint antenna structures as often as necessary to
maintain good visibility. At the time of the inspection, the
bands of aviation orange and white were not distinguishable from
any distance on two-thirds of the tower, due to the volume of
unpainted cabling attached to two faces of the structure. Based
upon the evidence before us, we find that Verizon willfully and
repeatedly violated sections 17.23 and 17.50 by failing to paint
the cabling and conduit mounted to the exterior faces of the
6. The base forfeiture amount set by The Commission's
Forfeiture Policy Statement and Amendment of Section 1.80 of the
Rules to Incorporate the Forfeiture Guidelines, ("Forfeiture
Policy Statement"),6 and Section 1.80 of the Rules,7 for failure
to comply with prescribed antenna structure lighting or marking
(painting) is $10,000. In assessing the monetary forfeiture
amount, we must also take into account the statutory factors set
forth in Section 503(b)(2)(D) of the Act,8 which include the
nature, circumstances, extent, and gravity of the violation(s),
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. Applying the Forfeiture Policy Statement
and the statutory factors to the instant case, a $10,000
forfeiture is warranted.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended,9 and
Sections 0.111, 0.311 and 1.80 of the Commission's Rules,10
Verizon Wireless (VAW) LLC, is hereby NOTIFIED of an APPARENT
LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars
($10,000) for violations of Sections 17.23 and 17.50 of the
8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules,11 within thirty days of the release date
of this NOTICE OF APPARENT LIABILITY, Verizon SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
9. 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 must include
the FCC Registration Number (FRN) and the NAL/Acct. No.
referenced in the caption.
10. The response, if any, must be mailed to the Federal
Communications Commission, Enforcement Bureau, Technical and
Public Safety Division, 445 12th Street, S.W., Washington, D.C.
20554 and must include the NAL/Acct. No. referenced in the
11. 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 principles ("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
12. Requests for payment of the full amount of this Notice
of Apparently Liability under an installment plan should be sent
to: Chief, Revenue and Receivables Operation Group, 445 12th
Street, S.W., Washington, D.C. 20554.12
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 Federal Communications
Commission, Enforcement Bureau, Technical and 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 Certified Mail #7001 0320
0002 9702 9622, Return Receipt Requested, to Verizon Wireless
(VAW), LLC, Attention Carol King, 30 Independence Boulevard,
Warren, NJ 07059.
FEDERAL COMMUNICATIONS COMMISSION
Leo E. Cirbo
District Director, Denver Office
Enclosure: Attachment A
1 47 C.F.R. §§ 17.23 and 17.50.
2 47 U.S.C. § 503(b).
3 47 U.S.C. § 503(b).
4 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 (1991).
5 Section 312(f)(2), which also applies to Section 503(b),
provides: "[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."
6 12 FCC Rcd 17087 (1997), recon. denied,15 FCC Rcd 303 (1999).
7 47 C.F.R. §1.80.
8 47 U.S.C. § 503(b)(2)(D).
9 47 U.S.C. § 503 (b).
10 47 C.F.R. §§ 0.111, 0.311 and 1.80.
11 47 C.F.R. § 1.80.
12 See 47 C.F.R. § 1.1914.