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



In the Matter of                   )
                                                            )
Pinnacle Towers, Inc.              )
Owner of Antenna Structure         )   File Number EB-02-TP-197
Registration Number 1030352 in     )
Orlando, Florida                   )  NAL/Acct. No.200232700016
Sarasota, Florida                  )
                                  )           FRN 0005-7948-47



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                             Released:  July   9, 
2002 
By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find that Pinnacle Towers, Inc. (``Pinnacle''), owner of  antenna 
structure #1030352 in Orlando, Florida, willfully and  repeatedly 
violated Section 17.50 of the  Commission's Rules1 by failing  to 
maintain  good  visibility  of  the  required  antenna  structure 
obstruction marking.  We conclude  that Pinnacle Towers, Inc.  is 
apparently liable  for  a  forfeiture in  the  amount  of  twenty 
thousand dollars ($20,000).

                         II.  BACKGROUND

     2.   Antenna  structure  #1030352  is  located  in  Orlando, 
Florida.  Pinnacle  is the  registered owner  of this  structure.  
The  structure's   Antenna   Structure   Registration   (``ASR'') 
specifies that the structure be painted.

     3.  On April  4, 2002,  an agent from  the Commission's  San 
Juan, Puerto  Rico  Resident Agent  Office  inspected  Pinnacle's 
antenna  structure  #1030352  in  Orlando,  Florida.   The  agent 
observed that the antenna structure paint on the lower two-thirds 
of the  structure  was  obstructed  by  cables  attached  to  the 
structure.

     4.  On  April 18,  2002, two  agents from  the  Commission's 
Tampa  Field  Office   inspected  Pinnacle's  antenna   structure 
#1030352 in  Orlando,  Florida  and  observed  that  the  antenna 
structure paint  on the  lower two-thirds  of the  structure  was 
obstructed by cables attached to the structure.







                        III.  DISCUSSION

     5.   Section  17.50  of   the  Rules  states  that   antenna 
structures requiring painting  shall be cleaned  or repainted  as 
often as  necessary to  maintain  good visibility.   The  antenna 
structure owner is  responsible for  maintaining the  structure's 
painting.2  Pinnacle is the registered owner of antenna structure 
#1030352.  This structure is required  to be painted pursuant  to 
Federal Aviation Administration  specifications, the  structure's 
ASR, and FCC rules.3  On April 4 and April 18, 2002, the paint on 
the lower two-thirds  of the structure  was obstructed by  cables 
attached to the structure.

     6. Based on the  evidence before us,  we find that  Pinnacle 
Towers, Inc. willfully4 and repeatedly5 violated Section 17.50 of 
the Commission's Rules by failing to maintain good visibility  of 
its antenna structure.

     7.  Pursuant to Section 1.80(b)(4)  of the Rules,6 the  base 
forfeiture amount for failure to comply with prescribed  lighting 
and  marking   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.''7   The 
violation for this antenna  structure is repeated.  In  addition, 
Pinnacle has a  history of non-compliance  with the  Commission's 
antenna structure painting  requirements on other  Pinnacle-owned 
antenna structures.8   Considering the  entire record,  including 
Pinnacle's history of  non-compliance, and  applying the  factors 
listed above, this  case warrants  an upwards  adjustment of  the 
base forfeiture from $10,000 to $20,000.


                      IV.  ORDERING CLAUSES

     8.  Accordingly,  IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,9 and Sections  0.111, 0.311 and  1.80 of  the 
Commission's Rules,10 Pinnacle Towers,  Inc., is hereby  NOTIFIED 
of its  APPARENT LIABILITY  FOR  A FORFEITURE  in the  amount  of 
twenty  thousand  dollars  ($20,000)  for  willful  and  repeated 
violation of Section 17.50  of the Rules  by failing to  maintain 
good visibility  of the  required antenna  structure  obstruction 
markings.

     9.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80  of 
the Commission's Rules, within thirty days of the release date of 
this Notice of Apparent  Liability, Pinnacle Towers, 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.

     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/Acct. No. 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.  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 
20554.11





     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 Pinnacle  Towers, Inc., 301  N. 
Cattlemen Road, 3rd Floor, Sarasota, FL 34232.


                         FEDERAL COMMUNICATIONS COMMISSION



                         Ralph M. Barlow
                         District Director - Tampa Office
                         Enforcement Bureau
_________________________

1 47 C.F.R  17.50.

2 See 47 C.F.R.  17.6(a).

3 See 47 C.F.R.  17.21, 17.22, and 17.23.

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 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 The Commission issued to Pinnacle three Notices of Violation 
for violating antenna structure painting requirements on other 
Pinnacle antenna structures on January 11, 2001, February 1, 
2001, and March 16, 2001.

9 47 U.S.C.  503(b).

10 47 C.F.R.  0.111, 0.311, 1.80.

11 See 47 C.F.R.  1.1914.