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




In the Matter of                   )
                                                            )
Gresham Communications, Inc.       )   File Number EB-02-AT-326
                                  )
Owner of Antenna Structure         )  NAL/Acct. No.200332480005
located at 32 52' 52'' North      )
Latitude by 80 41' 24'' West      )           FRN 0007-7826-38
Longitude in Walterboro,  South    )
Carolina                           )

Charleston, South Carolina


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                             Released:    October 
30, 2002 

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.  In  this Notice  of  Apparent Liability  for  Forfeiture 
(``NAL''),   we   find   that   Gresham   Communications,    Inc. 
(``Gresham''),  owner  of  the   antenna  structure  located   at 
coordinates 32 52'  52'' North  Latitude and 80  41' 24''  West 
Longitude,  in   Walterboro,   South  Carolina,   willfully   and 
repeatedly  violated   Sections   17.4(a),  and   17.51  of   the 
Commission's  Rules  (``Rules'')1  by  failing  to  register  its 
antenna structure  with the  Commission  and failing  to  exhibit 
prescribed  antenna   structure   lighting.   We   find   Gresham 
apparently liable  for  forfeiture  in  the  amount  of  thirteen 
thousand dollars ($13,000).

                         II.  BACKGROUND

     2.  On May  5, 2000, the  Commission's Atlanta Field  Office 
(``Atlanta Office'') issued  a Notice of  Violation (``NOV'')  to 
William  Saunders,   Gresham's   owner,  citing   the   following 
violations regarding Gresham's  antenna structure in  Walterboro, 
South Carolina:  failure to register the antenna structure in the 
owner's name,  failure to  exhibit prescribed  antenna  structure 
lighting,  and   failure   to   notify   the   Federal   Aviation 
Administration (``FAA'') of a light outage on the structure.  Mr. 
Saunders replied to  the NOV  stating that the  light outage  had 
been  repaired  and  provided  a  copy  of  an  application   for 
registration of the antenna structure  which he stated was  filed 
June 19,  2000.   There is  no  record of  an  Antenna  Structure 
Registration (``ASR'') number issued  to Mr. Saunders or  Gresham 
for that structure.

     3.  On  the  evenings  of  September 18  and  19,  2002,  in 
response to a complaint of a light outage occurring for the  past 
two years, an agent  of the Atlanta  Office observed the  antenna 
structure located at 32 52' 52'' North Latitude and 80 41' 24'' 
West  Longitude,  in  Walterboro,  South  Carolina.   The   agent 
verified that the  top beacon was  extinguished on both  evenings 
between local sunset  and sunrise.  The  agent contacted the  FAA 
Flight Service Station  and determined that  no light outage  for 
that structure had been reported.

     4.  The FCC ASR database showed the registered owner of  the 
structure  to  be  John   Pembroke.   The  agent  contacted   Mr. 
Pembroke's widow who stated that  Mr. Pembroke had not owned  the 
tower but had  leased it from  Gresham who owned  the tower.   M. 
Scott Johnson, Gresham's Washington counsel, stated that  William 
Saunders owned Gresham, that Gresham owned the antenna structure, 
and that Gresham was unaware of any light outage but would notify 
the FAA  of the  outage.  Records  from the  county tax  assessor 
verified that Gresham paid  taxes on the  structure and the  land 
surrounding it. 

                        III.  DISCUSSION

     5.  Section 17.4(a)  of the Rules  provides that,  effective 
July  1, 1996,  owners of  any existing  antenna structures  that 
require notification to the FAA must register the structure  with 
the Commission.  Section  17.4(a)(2) of the Rules provides  that, 
effective July 1,  1998, owners of an antenna structure that  had 
been assigned painting or lighting requirements prior to July  1, 
1996,   must  register   the  structure   with  the   Commission.  
Gresham's  antenna structure  required  notification to  the  FAA 
because the structure  exceeded 200 feet in height.2   Therefore, 
Gresham's  antenna structure  required  Commission  registration.  
From at least May 5, 2000, to September 19, 2002, Gresham  failed 
to register its antenna structure with the Commission.

     6.  Section  17.51  of  the  Rules  requires  that  all  red 
obstruction lighting be  exhibited from sunset  to sunrise.   FAA 
specifications  for  Gresham's  antenna  structure  require   the 
structure to be  painted and  exhibit red  obstruction lights  at 
night.  On September 18 and  19, 2002, Gresham failed to  exhibit 
the required red  obstruction lighting on  its antenna  structure 
between sunset  and  sunrise.   In addition,  Gresham  failed  to 
notify the FAA of the light outage.3

     7.  Based on the  evidence before us,  we find that  Gresham 
willfully4 and repeatedly5 violated Sections 17.4(a) and 17.51 of 
the Rules by failing to  register its antenna structure with  the 
Commission and  failing  to exhibit  required  antenna  structure 
lighting.

     8.  Pursuant  to  Section  1.80(b)(4)  of  the  Commission's 
Rules,6 the base forfeiture amounts  for the violations cited  in 
this NAL are $3,000 for failure to register an antenna  structure 
(failure to file required forms  or information) and $10,000  for 
failure   to   comply   with   prescribed   lighting.     Section 
503(b)(2)(D) of  the  Communications  Act  of  1934,  as  amended 
(``Act''),7 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 
of prior  offenses, ability  to pay,  and other  such matters  as 
justice may require.''  Considering the record as a whole and the 
statutory factors listed above,  this case warrants a  forfeiture 
in the amount of $13,000.

                    IV.  ORDERING CLAUSES

     9.  Accordingly, IT IS ORDERED THAT, pursuant to Section 
503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the 
Commission's Rules,9 Gresham Communications, Inc. is hereby 
NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the amount 
of thirteen thousand dollars ($13,000) for repeatedly and 
willfully violating Sections 17.4(a) and 17.51 of the 
Commission's Rules by failing to register its antenna structure 
and failing to maintain prescribed lighting.

     10.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules, within thirty days of the release date of 
this NAL, Gresham Communications, Inc. SHALL PAY the full  amount 
of the  proposed forfeiture  or SHALL  FILE a  written  statement 
seeking reduction or cancellation of the proposed forfeiture.

     11.  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 above.  Requests for payment  of 
the full amount of this NAL  under an installment plan should  be 
sent to:  Chief, Revenue  and Receivables  Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.10

     12.  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/Acct. 
No. referenced above.  

     13.  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.  

     14.  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 the 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 
5039b)  of  the  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202)418-0990.

     15.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Gresham Communications, Inc.,  P.O. Box 30999; Charleston,  SC 
29407; and  an  additional shall  be  sent by  regular  mail  and 
Certified Mail Return Receipt Requested to Gresham's attorney, M. 
Scott  Johnson,  1301  K  Street,  NW,  Suite  900  East   Tower, 
Washington, DC  20005.

                         FEDERAL COMMUNICATIONS COMMISSION


                         Fred L. Broce
                         District Director
                         Atlanta Office
Attachment A
_________________________

1 47 C.F.R.  17.4(a) and 17.51.

2 See 47 C.F.R.  17.7(a).

3 Antenna structure owners must immediately notify the FAA of any 
known improper functioning of antenna structure top or flashing 
lights that cannot be corrected within 30 minutes.  See 47 C.F.R. 
 17.48(a).

4 Section 312(f)(1) of the Communications Act of 1934, as amended 
(``Act''), 47 U.S.C.  312(f)(1), which applies equally to 
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 The 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.''  47 U.S.C.  
312(f)(2).

6 47 C.F.R.  1.80(b)(4).

7 47 U.S.C.  503(b)(2(D).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, 1.80.

10 See 47 C.F.R.  1.1914.