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


In the Matter of                        )
                              )
MCC Georgia LLC                    )    File No. EB-03-AT-064
Owner of Antenna Structure Registration )    NAL/Acct.       No.: 
200332480022
Number 1022429 in McIntyre, Georgia          )    FRN: 0004-3413-
68           
Middletown, New York                    )
                                
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released:  April 15, 2003

By the Enforcement Bureau, Atlanta Office:

                        I.   Introduction

     1.  In  this Notice  of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find  that  MCC  Georgia  LLC,  owner  of  antenna 
structure  registration  number  1022429  in  McIntyre,  Georgia, 
willfully  and   repeatedly  violated   Section  17.51   of   the 
Commission's Rules (``Rules'')1 by failing to exhibit obstruction 
lighting from sunset  to sunrise.  We  conclude that MCC  Georgia 
LLC is apparently liable  for a forfeiture in  the amount of  ten 
thousand dollars ($10,000).

                      II.       Background

     2.    On March 4 and 5, 2003, an agent from the Commission's 
Atlanta Field  Office observed  that antenna  structure  1022429, 
owned by  MCC  Georgia  LLC,  located at  32  49'  39.0''  North 
Latitude, 083 12'  44.0'' West Longitude  in McIntyre,  Georgia, 
was not  illuminated  per  its  assigned  painting  and  lighting 
specifications.  On both days, the top beacon was extinguished on 
the antenna structure between local sunset and sunrise.

     3.   On  March  6, 2003,  the  agent contacted  the  Federal 
Aviation Administration (``FAA''), and  determined that they  had 
not been notified  of the  light extinguishment.  The agent  also 
interviewed a  representative of  MCC Georgia  LCC who  confirmed 
ownership of the structure, was unaware of the outage and was not 
aware as to whether the FAA had been contacted.  Subsequently, on 
March 24, 2003, another representative of MCC Georgia LCC  stated 
that, after  the agent's  call, the  structure was  inspected  on 
March 6, 2003, and  the top beacon  was found extinguished.   The 
representative  stated  that  there  was  no  daily   observation 
procedure, no  monitoring equipment,  and no  automatic alarm  to 
monitor the status of the structure's lighting system.

                           III. Discussion

     4.   Section  17.51 of  the Rules  requires red  obstruction 
lighting be exhibited from sunset to sunrise.  MCC Georgia  LLC's 
antenna structure registration number 1022429 requires red lights 
be exhibited  on  this structure  from  sunset to  sunrise.   MCC 
Georgia LLC failed to exhibit the required lights on its  antenna 
structure from at least March 4  to March 5, 2003.  In  addition, 
MCC Georgia  LLC failed  to  immediately notify  the FAA  of  the 
improper functioning of the  structure's lighting2 and failed  to 
inspect the structure's lighting system for proper operation.3

     5.   Based on  the  evidence before  us,  we find  that  MCC 
Georgia LLC repeatedly4 and willfully5 violated Section 17.51  of 
the Rules by failing to exhibit required obstruction lighting  on 
its antenna structure between sunset and sunrise.

     6.   Pursuant to Section 1.80(b)(4)  of the Rules, the  base 
forfeiture amount  for  the violation  cited  in this  Notice  is 
$10,000.6  Section  503(b)(2)(D)  of the  Communications  Act  of 
1934, as  amended (``Act''),  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 
such other matters  as justice may  require.''7  Considering  the 
entire record and  applying the statutory  factors listed  above, 
this case warrants a $10,000 forfeiture.

                      IV.  Ordering Clauses

     7.   Accordingly, IT  IS ORDERED THAT,  pursuant to  Section 
503(b) of the  Act8 and  Sections 0.111,  0.311 and  1.80 of  the 
Rules,9 MCC  Georgia  LLC  is hereby  NOTIFIED  of  its  APPARENT 
LIABILITY FOR A FORFEITURE in  the amount of $10,000 for  willful 
and repeated  violation  of  Section 17.51  of  the  Commission's 
Rules.

     8.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80  of 
the Commission's Rules, within thirty days of the release of this 
NAL, MCC Georgia LLC  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 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 must note  the 
FRN  and  NAL/Acct.  No.  referenced  in  the  letterhead  above. 
Requests for payment  of the  full amount  of this  NAL under  an 
installment  plan  should  be  sent  to:  Federal  Communications 
Commission, Chief, Revenue and Receivables Operations Group,  445 
12th Street, SW, Washington, D.C. 20554.10

     10.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW, Washington,  D.C.  20554,  Attn: Enforcement  Bureau-
Technical & Public Safety Division, and must include the FRN  and 
NAL/Acct. No. referenced in the letterhead 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 
submitted.

     12. Under the Small Business  Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate filing  to be  sent  to the  Technical &  Public  Safety 
Division.   Your  certification  should  indicate  whether   you, 
including your parent  entity and its  subsidiaries, meet one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of Communications Business Opportunities (OCBO) set  forth 
in Attachment  A  of this  Notice  of Apparent  Liability.   This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b)  of  the  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.

     13.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent  by  regular  mail   and  Certified  Mail,  Return   Receipt 
Requested, to MCC Georgia LLC, 100 Crystal Run Road,  Middletown, 
NY  10941.


                              FEDERAL COMMUNICATIONS COMMISSION



                              Fred L. Broce
                              District Director
  

 


_________________________

1 47 C.F.R.  17.51.
2 Owners of registered antenna structures with assigned lighting 
must immediately report to the FAA any known improper functioning 
of any top or flashing light.  See 47 C.F.R.  17.48(a).
3 See 47 C.F.R.  17.47.
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 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).
6 47 C.F.R.  1.80(b)(4).
7 47 U.S.C.  503(b)(2)(D).
8 47 U.S.C.  503(b).
9 47 C.F.R.  0.111, 0.311, and 1.80.
10 See 47 C.F.R.  1.1914.