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

In the Matter of                   )
                                                            )          File Number  EB-02-
Qwest Corporation                  )          PL-086
Owner of an antenna structure      )
located west of Comstock, MN       )          NAL/Acct. No. 
                                  )          200232420001
                                  )
                                             FRN: 0001-6169-29




           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released:  September 26, 
                              2002


By the Resident Agent, Saint Paul Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),  we  find  that  Qwest  Corporation  (``Qwest''),  has 
apparently  violated   Sections   17.4(a)  and   17.50   of   the 
Commission's Rules (``Rules'')1 by failing to register an antenna 
structure located west  of Comstock, MN  and failing to  maintain 
good visibility  of the  required  antenna structure  paint.   We 
conclude that Qwest is apparently liable for a forfeiture in  the 
amount of thirteen thousand dollars ($13,000).

                         II.  BACKGROUND

     2.   Qwest owns an antenna  supporting structure located  at 
or near geographical coordinates 46  39' 32'' N latitude &  096 
45' 24'' W longitude west of Comstock, MN.

     3.   On  June  5  and  June   6,  2002,  an  agent  of   the 
Commission's  Saint  Paul  Office  inspected  the  Qwest  antenna 
structure located at 46  39' 32'' N latitude  & 096 45' 24''  W 
longitude west of  Comstock, MN.  The agent  observed no  Antenna 
Structure Registration (``ASR'') number  posted to identify  this 
structure.  The FCC ASR database had no record that this  antenna 
structure had been registered.  The agent noted that the paint on 
the tower was badly faded. 

                        III.  DISCUSSION

     4.   Section 17.4(a) of the Rules provides that the owner of 
antenna structures that  require notice to  the Federal  Aviation 
Administration  (``FAA'')  must  register  structures  with   the 
Commission.  Qwest's  antenna structure  required notice  to  the 
FAA, and thus required registration with the Commission,  because 
the structure  exceeded 200  feet in  height.2  Qwest  failed  to 
register its antenna structure west of Comstock, MN as of June 6, 
2002. 

     5.   Section  17.50  of  the   Rules  states  that   antenna 
structures requiring painting  shall be cleaned  or repainted  as 
often as necessary to maintain good visibility.  The agent  noted 
that the paint was badly faded on June 5 and June 6, 2002.

     6.   Based on the evidence before us, we find that on June 5 
and June  6,  2002,  Qwest willfully3  and  repeatedly4  violated 
Sections 17.4(a) and 17.50  of the Rules  by failing to  register 
its antenna structure and failing to maintain the tower paint  in 
such  condition   that  good   visibility  was   achieved.    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'')5,  sets  the  base  forfeiture 
amount for failure to register an antenna structure at $3,000 for 
each  violation,  and  for  failure  to  comply  with  prescribed 
lighting and  marking  at  $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  Applying  the Forfeiture Policy  Statement 
and the statutory factors  to the instant  case and applying  the 
inflation adjustments, we believe that a thirteen thousand dollar 
($13,000) monetary forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     7.   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 Qwest is hereby NOTIFIED of this APPARENT LIABILITY FOR A 
FORFEITURE in the amount  of thirteen thousand dollars  ($13,000) 
for willful and repeated violation of Sections 17.4(a) and  17.50 
of the Rules  by failing  to register its  antenna structure  and 
failing to maintain the tower paint in good condition.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY,  Qwest 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. 200232420001 and FRN 0001-6169-29.  

     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. 200232420001.  

     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 
submitted.  

     12.  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. 20554.9

     13.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY 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



                         F. M. Evans, P. E. 
                         Resident Agent
                         Saint Paul Office


_________________________

1 47 C.F.R.  17.4(a) and 17.50.

2 See 47 C.F.R.  17.7(a).

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 Section 312(f)(2) of the Act, 47 U.S.C.  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. 

547 C.F.R.  1.80.

6 47 U.S.C.  503(b)(2)(D).

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, and 0.311.
9 See 47 C.F.R.  1.1914.