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

In the Matter of                 )
                                 )
ACS Wireless                     )                                 
Anchorage, Alaska                ) File Numbers: EB-04-AN-024
                                 )                                                       
Registrant of Antenna Structures )           EB-04-AN-027
ASR #1022129, Kasilof, Alaska    )
ASR #1006025, Soldotna, Alaska                                                                 )      NAL/Acct. No. 200532780001
                                 )                 FRN: 0001567940






             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                              Released:  December 
                                                          8, 2004

By the Resident Agent, Anchorage Resident Agent Office, Western 
Region, Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that ACS Wireless ("ACS"), registrant of 
 antenna structures #1022129, Kasilof, Alaska and #1006025, 
 Soldotna, Alaska, apparently willfully and repeatedly violated 
 Section 17.57 of the Commission's Rules ("Rules")1 by failing 
 to immediately notify the Commission of a change in the 
 ownership information for Antenna Structure Registrations 
 (``ASR'') for the above-referenced antenna structures.  We 
 conclude, pursuant to Section 503(b) of the Communications Act 
 of 1934, as amended ("Act"),2 that ACS is apparently liable for 
 a forfeiture in the amount of six thousand dollars ($6,000).

II.  BACKGROUND

      2.  On July 29, 2004, agents from the Anchorage Resident 
 Agent Office inspected antenna structures #1022129 and 
 #1006025.  At the time of inspection, the ASRs listed the 
 Municipality of Anchorage, d/b/a/ Mactel, Inc. as the 
 registered owner.  The agents observed, at each antenna 
 structure site, a posted sign indicating ACS Wireless as the 
 site manager.

      3.  On September 21, 2004, an Anchorage agent sent ACS two 
 Letters of Inquiry, requesting further information concerning 
 the ownership of the two antenna structures.  ACS replied on 
 October 18, 2004.3  In its Responses, ACS admitted to acquiring 
 ownership of antenna structures #1022129, and #1006025 on May 
 14, 1999.  ACS also admitted that it was aware of the 
 requirement to notify the Commission upon a change in antenna 
 structure ownership information for structures assigned an ASR 
 number.  ACS stated that in 1999, it hired a number of people 
 to address the numerous name changes and ownership changes 
 resulting from ACS's acquisition of four local exchange 
 companies, a wireless company, and a long distance company.  
 ACS asserts that it believes appropriate steps were taken to 
 indicate the appropriate ownership of its numerous entities but 
 that some changes were overlooked or missed.  ACS also 
 indicated that on October 13, 2004, it filed an FCC Form 854 
 for each of the antenna structures to update the ownership 
 information for each structure.4

      4.  On November 1, 2004, an Anchorage agent reviewed the 
 Commission ASR database and confirmed the ASRs now accurately 
 reflect ACS as the current owner of antenna structures 
 #1022129, and #1006025.

III.      DISCUSSION

      5.  Section 503(b) of the Act provides that any person who 
 willfully or repeatedly fails to comply substantially with the 
 terms and conditions of any license, or willfully or repeatedly 
 fails to comply with any of the provisions of the Act or of any 
 rule, regulation or order issued by the Commission thereunder, 
 shall be liable for a forfeiture penalty.  The term "willful" 
 as used in Section 503(b) has been interpreted to mean simply 
 that the acts or omissions are committed knowingly.5  The term 
 ``repeated'' means the commission or omission of such act more 
 than once or for more than one day.6 

      6.  Section 17.57 of the rules requires the owner of an 
 antenna structure to immediately notify the Commission using 
 FCC Form 854 upon any change in structure height or change in 
 ownership information.7  We require antenna structure owners to 
 maintain current antenna structure registration information 
 with the Commission and post ASR numbers at the base of antenna 
 structures to allow for easy contact if problems arise.8  At 
 the time of inspection on July 29, 2004, the ASR for antenna 
 structures #1022129 and #1006025 listed the Municipality of 
 Anchorage, d/b/a Mactel, Inc. as the owner.  ACS admitted it 
 had been the owner of antenna structures #1022129 and #1006025 
 since 1999 but had failed to update the ownership information 
 in the antenna structures' ASRs until contacted by a Commission 
 agent.  ACS acknowledges that it has known of the requirement 
 to update ASR ownership information with the Commission since 
 1999.  Therefore, ACS's violation is willful.  ACS's violation 
 occurred on more than one day, therefore, it is repeated. 

      7.  Based on the evidence before us, we find that ACS 
 willfully and repeatedly violated Section 17.57 of the Rules by 
 failing to immediately notify the Commission of a change in the 
 ownership information for Antenna Structure Registration 
 (``ASR'') numbers #1022129 and #1006025.

      8.  Pursuant to The Commission's Forfeiture Policy 
 Statement and Amendment of Section 1.80 of the Rules to 
 Incorporate the Forfeiture Guidelines, ("Forfeiture Policy 
 Statement"), and Section 1.80 of the Rules, the base forfeiture 
 amount for failure to file required forms or information with 
 the Commission is $3,000.9  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 Act, which 
 include the nature, circumstances, extent, and gravity of the 
 violations, and with respect to the violator, the degree of 
 culpability, and history of prior offenses, ability to pay, and 
 other such matters as justice may require.10  Applying the 
 Forfeiture Policy Statement, Section 1.80, and the statutory 
 factors, a $6,000 forfeiture is warranted.
  
IV.  ORDERING CLAUSES

      9.  Accordingly, IT IS ORDERED that, pursuant to Section 
 503(b) of the Communications Act of 1934, as amended, and 
 Sections 0.111, 0.311 and 1.80 of the Commission's Rules, ACS 
 Wireless is hereby NOTIFIED of this APPARENT LIABILITY FOR A 
 FORFEITURE in the amount of six thousand dollars ($6,000) for 
 violations of Section 17.57 of the Rules.11

      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 for 
 Forfeiture, ACS Wireless 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 must be made by check or 
 similar instrument, payable to the order of the Federal 
 Communications Commission.  The payment must include the 
 NAL/Acct. No. and FRN No. referenced above.  Payment by check 
 or money order may be mailed to Forfeiture Collection Section, 
 Finance Branch, Federal Communications Commission, P.O. Box 
 73482, Chicago, Illinois 60673-7482.  Payment by overnight mail 
 may be sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
 Mailroom, Chicago, IL 60661.   Payment by wire transfer may be 
 made to ABA Number 071000013, receiving bank Bank One, and 
 account number 1165259.

      12.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, Western Region, 
 Anchorage Resident Agent Office, P.O. Box 221849, Anchorage, 
 Alaska, 99522-1849 and must include the NAL/Acct. No. 
 referenced in the caption.  

      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 for Forfeiture under an 
 installment plan should be sent to: Chief, Revenue and 
 Receivables Operations Group, 445 12th Street, S.W., 
 Washington, D.C. 20554.12






      15.      IT IS FURTHER ORDERED that a copy of this Notice 
 of Apparent Liability for Forfeiture shall be sent by Certified 
 Mail, Return Receipt Requested, and regular mail, to ACS 
 Wireless, 600 Telephone Avenue, Anchorage, Alaska  99503. 


                              FEDERAL COMMUNICATIONS COMMISSION




                              
                              Marlene Windel
                              Resident Agent 
                              Anchorage Resident Agent Office
                              Western Region
                              Enforcement Bureau
_________________________

147 C.F.R.  17.57.
247 U.S.C.  503(b).  
3Letters from ACS to the Anchorage Resident Agent Office (October 
18,2004) (``Responses'').  ACS requested and received an 
extension of time for the filing of the Responses.
4See ASR File  Numbers A0400123 and  A0400118, filed October  13, 
2004. 
5Section 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 or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
6Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which also 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that "[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.  17.57. 
8See, e.g., American Tower Corporation, 16 FCC Rcd 1282 (2001) 
(Notice of Apparent Liability); American Tower Corporation, 16 
FCC Rcd 14937 (2001) (Consent Decree between the Commission and 
American Tower Corporation ).
912 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
1047 U.S.C.  503(b)(2)(D).
1147 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 1.80, 17.57.
12See 47 C.F.R.  1.1914.