Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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


In the Matter of                   )     File Number EB-02-DL-191
                                                            )
Access.1 Communications Corp.      )    NAL/Acct. No.200232500009
Owner of  Antenna Supporting       )
Structure 1051379 located in       )             FRN 0006-1618-55
Marshall, Texas                    )
New York, New York
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                     Released: September 30, 2002

By the Enforcement Bureau, Dallas Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find Access.1 Communications Corp.  (``Access.1''), 
willfully  violated  Section  17.50  of  the  Commission's  Rules 
(``Rules'')1 by failing to clean or repaint its antenna structure 
as often as necessary to  maintain good visibility.  We  conclude 
that Access.1  Communications Corp.  is apparently  liable for  a 
forfeiture in the amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On or  about  August  1, 2000,  Access.1  acquired  the 
antenna supporting structure number 1051379 located in  Marshall, 
Texas.   Both   the   FCC   Rules  and   the   Federal   Aviation 
Administration specifications  for  this structure  required  the 
structure to be painted.

     3.   On April  17,  2002,  an agent  from  the  Commission's 
Dallas Office noted  an antenna structure  at or near  geographic 
coordinates 32 32'  26''N /  094 24' 4''W  in Marshall,  Texas.  
The structure's  required  obstruction  marking  appeared  to  be 
deteriorating making it difficult  to distinguish the orange  and 
white bands.
     
     4.   On May 5,  2002, the  agent returned  to the  Marshall, 
Texas area to inspect  the antenna structure  noted on April  17, 
2002.  The required  paint bands  could not  be distinguished  at 
approximately one fourth of a mile, resulting in poor  visibility 
of the  structure.   The  FCC's  Antenna  Structure  Registration 
database  showed  Access.1  as  the  registered  owner  of   this 
structure.
     
                        III.  DISCUSSION

     5.   Section  17.50  of  the   Rules  states  that   antenna 
structures requiring painting under this part shall be cleaned or 
painted as  often  as  necessary  to  maintain  good  visibility.  
Access.1 is  the registered  owner  of antenna  structure  number 
1051379  and  is  responsible  for  maintaining  the  structure's 
lighting and marking. On May 5, 2002, Access.1 failed to maintain 
good visibility of its  antenna structure number 1051379  located 
in Marshall, Texas.

     6.   Based on  the  evidence  before us,  we  find  Access.1 
Communications Corp.  willfully2 violated  Section 17.50  of  the 
Rules.

     7.   Pursuant to Section 1.80(b)(4) of the Rules,3 the  base 
forfeiture amount for failure  to comply with prescribed  marking 
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.4  Considering 
the entire record  and applying  the factors  listed above,  this 
case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,5 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,6 Access.1 Communications Corp. is hereby NOTIFIED of  this 
APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand 
dollars ($10,000) for willful violation  of Section 17.50 of  the 
Rules.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Access.1 Communications Corp.  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. 20554.7

     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 Access.1 Communications Corp., 505 Eighth Avenue, Ninth Floor, 
New York, New York 10018.   


                         FEDERAL COMMUNICATIONS COMMISSION



                         James D. Wells
                         Dallas Office, Enforcement Bureau
_________________________

1 47 C.F.R.  17.50.

2 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).

3 47 C.F.R.  1.80(b)(4).

4 47 U.S.C.  503(b)(2)(D).

5 47 U.S.C.  503(b).

6 47 C.F.R.  0.111, 0.311, 1.80.

7 See 47 C.F.R.  1.1914.