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


In the Matter of                   )     File Number EB-02-KC-500
                                                            )
VoiceStream PCS I License L.L.C.   )    NAL/Acct. No.200232560017
Owner of Antenna Structure         )
#1226514 near Davis City, Iowa     )             FRN 0001-5651-34
Bellevue, Washington               )


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                          Released: July 24, 2002

By the Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),   we   find   VoiceStream   PCS   I   License   L.L.C. 
(``VoiceStream''),   owner   of   antenna   structure   #1226514, 
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 VoiceStream  PCS I License  L.L.C. apparently liable  for 
failure to  continuously exhibit  all high  intensity and  medium 
intensity obstruction lighting.

                         II.  BACKGROUND

     2.   On June 24, 2002, the antenna structure associated with 
FCC antenna structure registration (``ASR'') #1226514 and located 
near  Davis  City,  Iowa,  was  inspected  by  an  agent  of  the 
Commission's Kansas City Field  Office (``Kansas City  Office'').  
At the time  of inspection, 11:50  a.m., the unpainted  structure 
had  no  medium  or   high  intensity  obstruction  lighting   in 
operation.

     3.   On June 27, 2002,  an agent of  the Kansas City  Office 
determined  from  the  Commission   ASR  database  that   antenna 
structure #1226514  was registered  to VoiceStream  and that  the 
registration included requirements  to maintain  a dual  lighting 
system  that  included  high  and  medium  intensity  obstruction 
lighting during  daylight operation.   The agent  telephoned  the 
listed contact person for VoiceStream, Dan Menser, who stated  he 
would check on the outage.

     4.   On July  2,  2002, VoiceStream's  contact  person,  Dan 
Menser, was interviewed by an agent of the Kansas City Office via 
telephone.  According  to Mr.  Menser, the  photocell had  become 
damaged which caused  the high and  medium intensity  obstruction 
lighting to become inoperable  and the red  lights and beacon  to 
become operational  during daylight  hours.   Mr.  Menser  stated 
that no alarms occurred on the remote light monitoring system  as 
the system monitors  the red  lights and beacons  only and  those 
lights remained in operation.  The photocell was repaired on June 
29, 2002.  Mr.  Menser stated that  at no point  was the  Federal 
Aviation Administration (``FAA'') notified  of the outage,  again 
since the  red  lights and  beacon  remained in  operation.   Mr. 
Menser followed up the  interview with an  email that included  a 
copy of VoiceStream's  records pertaining  to light  observations 
and outages.  According  to this log,  visual observation of  the 
lighting on the structure,  and the last  log entry, occurred  on 
June 18, 2002 at  6:40 p.m.   There  were no entries  documenting 
the outage or the repairs made.


                        III.  DISCUSSION

     5.   Section 17.51(b) of  the Rules requires  that all  high 
intensity and medium intensity obstruction lighting be  exhibited 
continuously unless otherwise  specified.  VoiceStream's  antenna 
structure  #1226514  is  required  to  exhibit  high  and  medium 
intensity obstruction  lighting during  daylight hours.   At  the 
time of inspection on June 24, 2002, no high or medium  intensity 
obstruction  lighting  was  observed  on  VoiceStream's   antenna 
structure #1226514.  According to  VoiceStream, the lighting  was 
not exhibited until  June 29, 2002.   VoiceStream did not  notify 
the FAA of the light outage.2

     6.   Based on the  evidence before us,  we find  VoiceStream 
willfully3 and repeatedly4 violated Section 17.51(b) of the Rules 
by failing to continuously exhibit all high intensity and  medium 
intensity obstruction lighting.

     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 VoiceStream PCS  I License L.L.C.  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 
all high intensity and medium intensity obstruction lighting.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
VoiceStream PCS I License L.L.C. 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 VoiceStream  PCS  I  License L.L.C.,  12920  SE  38th  Street, 
Bellevue, Washington  98006.



                         FEDERAL COMMUNICATIONS COMMISSION
                         
                         Robert C. McKinney
                         Kansas City  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.

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.