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


In the Matter of                   )     File Number EB-02-AT-321
                                                            )
Signal One, LLC                    )    NAL/Acct. No.200232480029
Owner of Antenna Structure         )
#1216312 in Madisonville,          )             FRN 0005-8247-27
Tennessee                          )
Chattanooga, Tennessee

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                     Released: September 30, 2002

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find  Signal One,  LLC (``Signal  One''), owner  of 
antenna structure #1216312, apparently liable for a forfeiture in 
the amount  of ten  thousand dollars  ($10,000) for  willful  and 
repeated violation of Section 17.51(b) of the Commission's  Rules 
(``Rules'').1  Specifically, we find  Signal One, LLC  apparently 
liable for failure to  continuously exhibit all medium  intensity 
obstruction lighting during daytime hours.

                         II.  BACKGROUND

     2.   On  July  29  and  30,  2002,  the  antenna   structure 
associated with  FCC  antenna  structure  registration  (``ASR'') 
#1216312 and located near Madisonville, Tennessee, was  inspected 
by an agent of the  Commission's Atlanta Field Office  (``Atlanta 
Office'').  At  the time  of inspection,  9:45 a.m.  on July  29, 
2002, and 1:30 p.m. on July 30, 2002, the unpainted structure had 
no medium obstruction lighting in operation.

     3.   On July  30,  2002,  an agent  of  the  Atlanta  Office 
determined  from  the  Commission   ASR  database  that   antenna 
structure #1216312  was registered  to Signal  One and  that  the 
registration included requirements  to maintain  a dual  lighting 
system that included medium intensity obstruction lighting during 
daylight operation.   The  agent telephoned  the  listed  contact 
person for Signal One who stated  she would check on the  outage.  
The agent telephoned  the nearest Flight  Service Station of  the 
Federal Aviation Administration (``FAA''), which verified that it 
had received  no  report  of  a light  outage  for  this  antenna 
structure.

     4.   On July  30, 2002,  Signal One's  contact person,  Tess 
Jameson, contacted the agent of the Atlanta Office via telephone.  
According to Ms. Jameson, the structure lighting is monitored  by 
an automatic alarm system, a manual pole of the lighting alarm on 
this antenna  structure failed,  and a  light outage  report  was 
being made to  the FAA because  of the alarm  poling failure.   A 
technician was  also being  dispatched to  check and  repair  the 
tower lighting and alarm.

                        III.  DISCUSSION

     5.   Section 17.51(b) of the Rules requires that all  medium 
intensity obstruction lighting  be exhibited continuously  unless 
otherwise specified.  Signal One's antenna structure #1216312  is 
required to exhibit medium intensity obstruction lighting  during 
daylight hours  and  red  lighting  at night.   At  the  time  of 
inspection  on  July  29  and  30,  2002,  no  medium   intensity 
obstruction  lighting  was  observed  on  Signal  One's   antenna 
structure #1216312.  Signal One had  not notified the FAA of  the 
light outage.2

     6.   Based on the  evidence before  us, we  find Signal  One 
willfully3 and repeatedly4 violated Section 17.51(b) of the Rules 
by failing to continuously  exhibit medium intensity  obstruction 
lighting during daylight hours.

     7.   Pursuant to Section 1.80(b)(4) of the Rules,5 the  base 
forfeiture amount for failure  to comply with prescribed  antenna 
structure  lighting  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  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 factors  listed above,  this case  warrants a  forfeiture  of 
$10,000.


                      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 Signal  One,  LLC 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(b) 
of the Rules by failing to continuously exhibit medium  intensity 
obstruction lighting during daylight hours.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Signal One,  LLC  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 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

     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. referenced 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.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Signal  One LLC,  5751 Uptain  Road, Suite  407,  Chattanooga, 
Tennessee 37411.



                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Fred L. Broce
                         District Director
                         Atlanta  Office, Enforcement Bureau
_________________________

1 47 C.F.R.  17.51(b).

2 The owner of any registered antenna structure must report 
immediately to the nearest flight service station of the FAA any 
observed or otherwise known extinquishment or improper 
functioning of any flashing obstruction light not corrected 
within 30 minutes.  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 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.