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                 )
                                )
SpectraSite Communications,      )       File Number EB-01-TP-157
Inc.                             )
                                )     NAL/Acct.No.: 200132700006
Antenna Structure Registration   )
# 1215109                        )

Cary, NC  27511



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released:  April 25, 2001 

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that  SpectraSite Communications,  Inc. apparently  violated 
Section 17.51(a)1  of  the  Commission's  Rules,  by  failing  to 
properly light  antenna  structure  (ASR #  1215109)  located  in 
Ocala, Florida.   We  conclude that  SpectraSite  Communications, 
Inc. is apparently  liable for  forfeiture in the  amount of  ten 
thousand dollars ($10,000). 
                                
                         II.  BACKGROUND

     2.   On April 5, 2001, agents from the Commission's Tampa 
Field Office observed an unlighted antenna structure along the 
northbound lanes of Interstate 75 near Ocala, FL.  The owner of 
the antenna structure was later determined to be SpectraSite 
Communications, Inc.

     3. On February 6, 2001, an agent from the Tampa Office 
contacted Spectrasite Communications and determined that 
SpectraSite was unaware of the tower outage and that FAA had not 
been notified of the outage. 
     
                        III.  DISCUSSION

     4.  Section  17.51(a)  requires  that  all  red  obstruction 
lighting  shall  be  exhibited  from  sunset  to  sunrise  unless 
otherwise  specified.  On  April  5,  2001  Tampa  Office  agents 
observed that antenna structure  # 1215109 was not illuminated.

     5.   Pursuant  to Section  1.80(b)(4)2 of  the  Commission's 
Rules, the  base forfeiture  amount for  failure to  comply  with 
prescribed  lighting   and/or   marking  is   $10,000.    Section 
503(b)(2)(D) of  the  Communications  Act  of  1934,  as  amended 
(`Act'')3 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 
of prior  offenses, ability  to pay,  and other  such matters  as 
justice may require.'' Considering the entire record and applying 
the statutory factors listed above, this case warrants a  $10,000 
forfeiture.

                      IV.  ORDERING CLAUSES

      6.  Accordingly,  IT IS ORDERED  THAT, pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended,4  and 
Sections 0.111,  0.311  and  1.80  of  the  Commission's  Rules,5 
SpectraSite  Communications,  Inc.  is  hereby  NOTIFIED  of  its 
APPARENT LIABILITY FOR A  FORFEITURE in the  amount of amount  of 
$10,000  for  willful6  violation  of  Section  17.51(a)  of  the 
Commission's Rules 

       7.    IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 
of the Commission's  Rules7, within  thirty days  of the  release 
date  of   this  NOTICE   OF  APPARENT   LIABILITY,   SpectraSite 
Communications, Inc. SHALL  PAY the full  amount of the  proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

       8.  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. referenced in the letterhead above.

        9.   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 in the letterhead above.

     10.  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.  

     11.  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, S.W.,  Washington, 
D.C. 20554.8 

     12.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to  SpectraSite  Communications, Inc.  at  100  Regency 
Forest Drive, Suite 400, Cary, NC  27511.



                              FEDERAL COMMUNICATIONS COMMISSION


                         

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

1 47 C.F.R.  17.51(a)
2 47 C.F.R.  1.80(b)(4)
3 47 U.S.C.  503 (b)(2)(D)
4 47 U.S.C.  503(b).
5 47 C.F.R.  0.111, 0.311, 1.80.
6 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally to 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).
7 47 C.F.R.  1.80.
8 See 47 C.F.R.  1.1914.