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




In the Matter of                   )
                                                            )
Georgia Transmission Corp.         )   File Number EB-02-AT-319
                                  )
Owner of Unregistered Antenna      )  NAL/Acct. No.200332480009
Structure located at 31 31' 49''  )
North Latitude by 82 52' 45''     )           FRN 0007-7097-28
West Longitude in Douglas,         )
Georgia                            )

Tucker, Georgia


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                             Released:   November 
5, 2002 

By the Enforcement Bureau, Atlanta Office:


                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),  we   find  Georgia   Transmission  Corp.   (``Georgia 
Transmission''),  owner  of  the  antenna  structure  located  at 
coordinates 31 31'  49'' North  Latitude and 82  52' 45''  West 
Longitude,  in  Douglas,   Georgia,  apparently   liable  for   a 
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'').1 Specifically,  we find  Georgia 
Transmission Corp. apparently liable for failing to register  its 
antenna structure.


                         II.  BACKGROUND

     2.   On July  24,  2002, an  agent  of the  FCC  Enforcement 
Bureau's  Atlanta  Office  (``Atlanta  Office'')  inspected   the 
antenna structure located at 31 31' 49'' North Latitude and  82 
52' 45'' West  Longitude, in Douglas,  Georgia.  The agent  noted 
that the  structure was  painted and  had continuously  operating 
strobe lighting, however, the tower  was not registered with  the 
Commission.

     3.   On  September  24,  2002,   the  agent  interviewed   a 
representative of Georgia Transmission  Corp., who verified  that 
Georgia Transmission Corp. was the owner of the antenna structure 
and that the  structure was not  registered with the  Commission.  
The former license  for the  microwave station  on the  structure 
required that the antenna structure  be lighted since it is  over 
200 feet tall. 






                        III.  DISCUSSION

     4.   Section 17.4(a) of the  Rules provides that,  effective 
July 1,  1996, owners  of any  existing antenna  structures  that 
require  notification  to  the  Federal  Aviation  Administration 
(``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.    Georgia 
Transmission's antenna structure required notification to the FAA 
because the structure exceeded 200 feet in height.2  In addition, 
the structure had been assigned lighting requirements by the  FCC 
on the former microwave station  license held by the  structure's 
previous  owner.   Therefore,   Georgia  Transmission's   antenna 
structure required Commission registration.   From at least  July 
24 to September 24, 2002, Georgia Transmission failed to register 
its antenna structure with the Commission.

     5.   Based on  the  evidence  before  us,  we  find  Georgia 
Transmission willfully3 and repeatedly4 violated Section  17.4(a) 
of the Rules by failing to register its antenna structure.

     6.   Pursuant to  Section  1.80(b)(4)  of  the  Commission's 
Rules,5 the base  forfeiture amount  for failing  to register  an 
antenna structure is  $3,000 (failure to  file required forms  or 
information). 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  Communications  Act  of  1934,  as 
amended  (``Act''),  which  include  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.6   Considering  the  entire  record  and  applying   the 
statutory factors  listed  above,  this case  warrants  a  $3,000 
forfeiture.




                      IV.  ORDERING CLAUSES


     7.   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 Georgia  Transmission Corp.  is hereby  NOTIFIED of  this 
APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  three 
thousand dollars ($3,000) for  willful and repeated violation  of 
Section 17.4(a) of the  Rules by failing  to register an  antenna 
structure that  requires  notification to  the  Federal  Aviation 
Administration.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Georgia Transmission  Corp.  SHALL PAY  the  full amount  of  the 
proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the proposed forfeiture.

     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 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. 20554.9

     10.  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.  

     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 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. 

     12.  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. 

     13.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Georgia Transmission  Corp., 2100 E.  Exchange Place,  Tucker, 
Georgia 30084.



                         FEDERAL COMMUNICATIONS COMMISSION



                         Fred L. Broce
                         District Director
                         Atlanta Office, Enforcement Bureau

Attachment
_________________________

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

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

3 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).

4 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).

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.