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


In the Matter of                )
                                )       File No. EB-02-DT-070
                                )       
Sprintcom, Inc.                 )       NAL/Acct.             No. 
200232360006
Overland Park, Kansas           )
                                )       FRN: 0005-5981-07


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  May 24, 
2002

By the District Director, Detroit Office, Enforcement Bureau:


                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we  find that  Sprintcom, Inc.  has apparently  violated 
Section 303(q) of  the Communications Act  of 1934 (``Act''),  as 
amended,1  and   Sections  17.4(g),   17.47(a)(1),   17.47(a)(2), 
17.48(a) and 17.51(b) of the Commission's Rules2 (the ``Rules'').  
Respectively, these sections require painting and/or illumination 
of a radio tower if and when the tower may constitute a menace to 
air  navigation;  posting  the  Antenna  Structure   Registration 
(``ASR'') number in a conspicuous location so that it is  visible 
near the  base  of  the antenna  structure;  observation  of  the 
antenna structure lights each 24 hours; report immediately to the 
nearest Flight Service Station or office of the Federal  Aviation 
Administration  (``FAA'')   any  observed   or  otherwise   known 
extinguishment or improper functioning of any top steady  burning 
light or flashing obstruction  light, regardless of its  position 
on the antenna  structure not  corrected within  30 minutes;  all 
high intensity and medium intensity obstruction lighting shall be 
exhibited continuously unless  otherwise specified.  We  conclude 
that Sprintcom, Inc. is apparently liable for a forfeiture in the 
amount of fifteen thousand dollars ($15,000).

                         II.  BACKGROUND

     2.   The Commission's  obstruction marking  and lighting  of 
antenna  structures  and  registration  requirements  operate  in 
concert  with  the  FAA   regulations  to  ensure  that   antenna 
structures do not present hazards to air navigation.   Generally, 
our rules  require  that  antenna  structures  located  close  to 
airports or that are greater than 200 feet in height comply  with 
painting and lighting  specifications to ensure  air safety.   We 
require antenna structure owners to register structures with  the 
Commission  and  post  registration  numbers  near  the  base  of 
structures to  allow for  easy contact  if problems  arise.   The 
Rules require registration  for all antenna  structures that  may 
pose a hazard  to air navigation  and have been  in effect  since 
July 1,  1998.   We  have repeatedly  advised  antenna  structure 
owners that all existing, unregistered antenna structures subject 
to our Rules must be  registered immediately or the owners  could 
face a monetary forfeiture or other enforcement action.3

     3.   Because  of  the   substantial  public  safety   issues 
involved, we further require antenna structure owners to  monitor 
lights daily or install automatic alarm systems to ensure  lights 
function properly.   Antenna  structure owners  are  required  to 
maintain lighting  equipment and  replace or  repair  inoperative 
lights, indicators,  and control  and alarm  systems as  soon  as 
practicable.4   Additionally,   antenna  structure   owners   are 
required  immediately  to  notify  the  FAA  when  major  antenna 
structure lights are inoperative and cannot be repaired within 30 
minutes.  The FAA then issues a Notice to Airmen (``NOTAM'')  for 
a period of 15  days advising aircraft that  there is an  antenna 
structure at a specific location with a temporary light outage. 

     4.   On  February  7,  2002,  the  Detroit  Office  received 
information from a resident in Mount Vernon, Ohio that a flashing 
obstruction light was out  on an antenna tower,  and that it  had 
been out for more than a week.  The resident did not know the ASR 
number of the  tower.  An FCC  agent investigated this  situation 
and on  February 8,  2002, verified  that the  antenna tower  was 
owned by Sprintcom.  The agent contacted the tower owner and  was 
told by their Network  Operations Control Center (``NOCC'')  that 
the  tower  was  assigned   registration  number  1205218.    The 
investigation verified that  the ASR number  was not posted;  the 
tower owner was not aware that the tower light was out; and,  the 
tower light outage had  not been reported to  the FAA.  The  NOCC 
indicated that the  tower light  problem was probably  due to  an 
alarm problem with their automatic alarm equipment

     5.   On March 1, 2002, the Detroit District Director  issued 
a Notice of Violation (``NOV'')  to Sprintcom, Inc., 6450  Sprint 
Parkway, Overland Park, Kansas 66251, for failure to post the ASR 
number, failure to monitor the tower lights and failure to report 
the light outage to the FAA.
 
     6.   On March  13,  2002,  the  Detroit  Office  received  a 
response to  the  NOV  from  Sprint  PCS,  11800  College  Blvd., 
Overland Park, Kansas 66210, indicating that the FAA was notified 
of the light outage on February 11, 2002. 

                        III.  DISCUSSION

     7.   Section 303(q) of the  Act, as amended, requires  tower 
owners to maintain the painting and/or illumination of the  tower 
as prescribed by the  Commission.  Section 17.4(g) requires  that 
the ASR number be posted in a conspicuous location so that it  is 
readily visible near the base of the antenna structure.  Sections 
17.47(a)(1)  and  17.47(a)(2)   require  the   tower  lights   be 
monitored. Section 17.48(a)  requires reporting  the tower  light 
outage to the  FAA and  Section 17.51(b)  requires the  intensity 
lighting to be continuously displayed

     8.   Based  on  the  evidence   before  us,  we  find   that 
Sprintcom, Inc. has willfully5  and repeatedly6 violated  Section 
303(q) of  the  Act,  as  amended, by  failure  to  maintain  the 
prescribed illumination of its antenna tower; Section 17.4(g) for 
failing to post the ASR number in a conspicuous location so  that 
it is readily  visible near  the base of  the antenna  structure; 
Sections 17.47(a)(1) and 17.47(a)(2)  for failing to monitor  the 
antenna tower lights; Section 17.48(a) for failing to report  the 
tower light outage to the  FAA; and Section 17.51(b) for  failing 
to continuously exhibit the intensity lighting.  The Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of  the 
Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 
17113 (1997), recon. denied,  15 FCC Rcd 303(1999)  (``Forfeiture 
Policy Statement'')7,  sets the  base  forfeiture amount  at  ten 
thousand dollars ($10,000) for the lighting violation; and  three 
thousand dollars ($3,000) for failure  to report the tower  light 
outage to  the  FAA. The  Forfeiture  Policy Statement  does  not 
establish a  base  forfeiture  amount for  failure  to  post  the 
antenna  structure  registration  number.   The  Commission   has 
determined, however, that an  appropriate base forfeiture  amount 
for failure  to  post the  ASR  number is  two  thousand  dollars 
($2,000) per violation.8   In assessing  the monetary  forfeiture 
amount, we must take into account the statutory factors set forth 
in Section 503(b)(2)(D)  of the Act,9  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.   Applying  the Policy  Statement  and  the 
statutory factors to the instant case and applying the  inflation 
adjustments, we believe that a fifteen thousand dollar  ($15,000) 
monetary forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the Act  and Sections  0.111, 0.311  and 1.80  of  the 
Rules10, Sprintcom,  Inc. is  hereby  NOTIFIED of  this  APPARENT 
LIABILITY FOR  A FORFEITURE  in the  amount of  fifteen  thousand 
dollars ($15,000) for willfully and repeatedly violating  Section 
303(q) of the Act, as amended, and Sections 17.4(g), 17.47(a)(1), 
17.47(a)(2) 17.48(a) and 17.51(b) of the Rules.

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

     11.  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. 200232360006, FRN: 0005-5981-07.

     12.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200232360006, FRN: 0005-
5981-07. 

     13.  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.

     14.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.11

     15.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested,  to  Sprintcom,  Inc.,  6450  Sprint  Parkway, 
Overland Park, Kansas  66251, and  to Sprint  PCS, 11880  College 
Blvd., Overland Park, Kansas 66210.

                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                James A. Bridgewater
                                District Director
                                Detroit Office
_________________________

1 47 U.S.C.  303(q).

2 47 C.F.R.  17.4(g), 17.47(a)(1), 17.47(a)(2), 17.48(a), and 
17.51(b).

3Antenna structure owners were required to register existing 
antenna structures as of July 1, 1998 and to register new antenna 
structures prior to construction. Streamlining the Commission's 
Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 
Subsequent to the expiration of the filing period, the Commission 
staff issued a Public Notice warning antenna structure owners to 
register any unregistered antenna structures subject to our 
requirements immediately or face possible monetary forfeitures or 
other enforcement action. Public Notice, ``No-Tolerance Policy 
Adopted For Unregistered Antenna Structures,'' 1999 WL 10060 (WTB 
1999).
4 47 C.F.R. 17.56.
5
 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies 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).

6 Section 312(f)(2), which also applies to Section 503(b), 
provides: [t]he 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.

747 C.F.R.  1.80.

8 See American Tower Corporation, 16 FCC Rcd 1282 (2001).

9 47 U.S.C.  503(b).

10 47 C.F.R.  0.111, 0.311, and 1.80.

11 See 47 C.F.R.  1.1914.