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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-KC-505
Qwest Corporation ) NAL/Acct. No.200232560021
Owner of Antenna Structure )
#1038666 near Winterset, Iowa ) FRN 0001-6169-29
Littleton, Colorado )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 24, 2002
By the Enforcement Bureau, Kansas City Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Qwest Corporation (``Qwest''), owner of
antenna structure #1038666, apparently liable for a forfeiture in
the amount of two thousand dollars ($2,000) for willful violation
of Section 17.4(g) of the Commission's Rules (``Rules'').1
Specifically, we find Qwest Corporation apparently liable for
failure to post the registration number for this antenna
2. On June 25, 2002, the antenna structure associated with
FCC registration number 1038666 and located near Winterset, Iowa
was inspected by an agent of the Commission's Kansas City Field
Office (``Kansas City Office''). At the time of inspection the
registration number for the structure was not posted.
3. On July 2, 2002, Qwest employees Jim Perry and Belita
Harpool were interviewed by an agent of the Kansas City Office
via telephone. According to Ms. Harpool, she is the contact
person Qwest has assigned to handle issues relating to this
structure. During the interview Ms. Harpool stated that Mr.
Perry was in charge of the antenna site. Also during the
interview, Mr. Perry stated that, to the best of his knowledge,
the registration number has never been posted at that site.
4. Section 17.4(g) requires the antenna structure
registration (``ASR'') number be displayed in a conspicuous place
so that it is readily visible near the base of the antenna
structure. On June 25, 2002, an inspection of Quest's antenna
structure #1038666 found no registration number posted. An
interview with Qwest employee, Jim Perry, indicated no number had
ever been posted at the site.
5. Based on the evidence before us, we find Qwest
willfully2 violated Section 17.4(g) of the Rules by failing to
display the antenna structure registration number.
6. The Rules do not establish a base forfeiture amount for
failure to post the antenna structure registration number.3 The
Commission has determined, however, that an appropriate base
forfeiture amount for failure to post the ASR number is $2,000
per violation.4 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.5 Considering the entire record and applying the factors
listed above, this case warrants a forfeiture of $2,000.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the
Rules,7 Qwest Corporation is hereby NOTIFIED of this APPARENT
LIABILITY FOR A FORFEITURE in the amount of two thousand dollars
($2,000) for willful violation of Section 17.4(g) of the Rules by
failing to display the antenna structure registration number.
8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
Qwest Corporation 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. 20554.8
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
12. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to Qwest Corporation, 700 W. Mineral Avenue, Room CO G1.24,
Littleton, Colorado 80120.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
Kansas City Office, Enforcement Bureau
1 47 C.F.R. § 17.4(g).
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 See The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines (``Forfeiture Policy Statement''), 12 FCC Rcd 17087
(1997), recon. denied 15 FCC Rcd 303 (1999). The Forfeiture
Policy Statement states that ``... any omission of a specific
rule violation from the ... [forfeiture guidelines] ... should
not signal that the Commission considers any unlisted violation
as nonexistent or unimportant. Forfeiture Policy Statement, 12
FCC Rcd at 17099. The Commission retains the discretion,
moreover, to depart from the Forfeiture Policy Statement and
issue forfeitures on a case?by?case basis, under its general
forfeiture authority contained in Section 503 of the Act. Id.
4 American Tower Corporation, 16 FCC Rcd 1282 (2001).
5 47 U.S.C. § 503(b)(2)(D).
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311, 1.80.
8 See 47 C.F.R. § 1.1914.