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

In the Matter of                )
                                )
Telecorp Communications, Inc.   )        File Number EB-00-SJ-108
                                )
Arlington, VA                   ) NAL/Acct.Number  200132680003  

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted:  January 11, 2001                   Released:     
January 16, 2001                           
By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find Telecorp Communications, Inc. (``Telecorp''), Arlington, VA, 
apparently liable  for  a  forfeiture in  the  amount  of  eighty 
thousand dollars ($80,000) for  four violations of Section  17.51 
of the Commission's Rules which requires antenna structure lights 
to be exhibited.1  We find that during the period of February  6, 
2000 through  November  30,  2000,  Telecorp,  a  common  carrier 
licensee, failed to comply with the requirement to properly light 
antenna  structures   and   to  notify   the   Federal   Aviation 
Administration (``FAA'') of  antenna structure  light outages  on 
four occasions.

                         II.  BACKGROUND

     2.   The Commission's antenna  structure painting,  lighting 
and  registration  requirements  operate  in  concert  with   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. 

     3.   Because  of  the   substantial  public  safety   issues 
involved, we require antenna  structure owners to monitor  lights 
daily or have automatic alarm systems installed to ensure  lights 
function  properly.   Finally,   antenna  structure  owners   are 
required  immediately  to  notify  the  FAA  when  major  antenna 
structure lights are inoperative and  can not 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.   Enforcement  Bureau  field  agents  routinely   inspect 
antenna structures to determine compliance with antenna structure 
painting and lighting requirements  and respond to complaints  of 
unlit towers.  The  FAA  also  routinely  notifies  Bureau  field 
offices when owners fail to  either report that lights have  been 
repaired within 15 days or request  that a NOTAM be extended.  In 
the  course  of  these  routine  inspections  our  field   agents 
uncovered a  number of  violations  of the  Commission's  antenna 
structure lighting requirements by Telecorp Communications,  Inc.  
These violations posed potential hazards to air navigation.

     5.   On February 6, 2000, an agent of the Bureau's San  Juan 
Office observed a  Telecorp owned  antenna structure  at 7:30  PM 
Atlantic Standard Time (``AST'') located in Candelaria Ward,  Toa 
Baja, PR.  The structure  did not  have the  top red  obstruction 
light in operation as required by antenna structure  registration 
number 1064593,  FCC  Form 854.  The  local San  Juan  FAA/Flight 
Service Station (``FSS'')  advised a Bureau  field agent that  no 
NOTAM was in effect for this structure. 

     6.   On September 11,  2000, an  agent of  the Bureau's  New 
Orleans Office observed a  Telecorp tower located near  Raceland, 
Louisiana.  The  structure  did  not have  the  medium  intensity 
obstruction light in operation  as required by antenna  structure 
registration number  1206008, FCC  Form 854.  The local  DeRidder 
FAA/FSS advised a Bureau field agent that no NOTAM was in  effect 
for this structure.

     7.   On October 21 and October 22, 2000, an agent of the San 
Juan  Office  observed  a  Telecorp   tower  near  the  town   of 
Barceloneta, PR. The structure did not have the medium  intensity 
obstruction light in operation  as required by antenna  structure 
registration number 1203643,  FCC Form  854. The  local San  Juan 
FAA/FSS advised an FCC agent that no NOTAM was in effect for this 
structure. In a telephone conversation with a Telecorp technician 
on October  31, 2000,  the technician  advised a  San Juan  field 
agent that he  would contact the  FAA to get  a NOTAM issued  and 
that repairs had been  underway since October  30, 2000.  For  at 
least 10 days the antenna structure was unlit and no NOTAM was in 
effect.

     8.      On four days in November, 2000 a Bureau field  agent 
observed a Telecorp antenna structure near the town of Juncos, PR 
that did  not have  the medium  intensity obstruction  lights  in 
operation as required  by antenna  structure registration  number 
1208552, FCC Form  854. Specifically, the  antenna structure  was 
observed and found to be unlit on the following dates and  times: 
November 2, at 9:30 AM AST, November 3 at 1:00 PM AST, November 6 
at 9:30 AM and again at 1:30  PM AST, November 15 at 9:30 AM  and 
again at 12:30 PM  AST. The local San  Juan FAA/FSS and  Telecorp 
representatives  advised  that  a  NOTAM  was  issued  for   this 
structure on November 21, 2000. 

                        III.  DISCUSSION

     9.   Based on the evidence before us, we find that  Telecorp 

Communications,  Inc.   apparently  willfully   and   repeatedly2 

violated Section 17.51 of the Commission's Rules3 by its  failure 

to comply with the required lighting of antenna structures and by 

failing to notify FAA flight service stations of the outages.
 
     10.  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'')4,  the  base  forfeiture  amount  for  lighting  and 

marking violations is $10,000.  Applying this base amount to each 

of Telecorp's  lighting  violations  would  lead  to  a  proposed 

forfeiture of $40,000.  Telecorp violated the most serious of the 

Commission's antenna structure rules.   As the Commission  stated 

in its ATC decision,5  ``[u]nlit and unmarked antenna  structures 

can pose a threat to air safety.''  Accordingly, in light of  the 

fact that  Telecorp committed  four such  serious violations,  we 

believe that, as  in the  Commission's ATC  decision,6 an  upward 

adjustment that doubles the forfeiture is appropriate.   Applying 

the Forfeiture  Policy Statement  and  statutory factors  to  the 

instant case,  and  based on  the  evidence before  us,  we  find 

Telecorp Communications, Inc. apparently liable for forfeiture of 

$80,000 for  four  instances  of  failing  to  light  an  antenna 

structure.  

                      IV.  ORDERING CLAUSES

     11.   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 

Commission's Rules,8  Telecorp  Communications,  Inc.  is  hereby 

NOTIFIED of  this  APPARENT LIABILITY  FOR  A FORFEITURE  in  the 

amount of eighty thousand dollars ($80,000) for violating Section 

17.51 of the Commission's Rules.9

     12.   IT IS FURTHER ORDERED  THAT, pursuant to Section  1.80 
of the Commission's  Rules,10 within thirty  days of the  release 
date   of   this   NOTICE   OF   APPARENT   LIABILITY,   Telecorp 
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.

     13.   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. Number referenced above.

     14.  The response, if any, must  be mailed to Office of  the 
Secretary, Federal  Communications Commission,  445 12th  Street, 
S.W., Washington, D.C.  20554, ATTN: Enforcement  Bureau -  TPSD, 
NAL/Acct. Number, and must include the NAL/Acct. Number. 

     15.   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.

     16.   Requests for payment of the full amount of this Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief, Credit  and Debt Management  Center, 445 12th  Street, 
S.W., Washington, D.C. 20554.11

     17.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Telecorp  Communications, Inc., 1010  N. Glebe  Road 
Suite 800,  Arlington,  VA  22201,  Attn:   Thomas  H.  Sullivan, 
Executive Vice President and General Counsel.


                              FEDERAL COMMUNICATIONS COMMISSION



                              David H. Solomon
                              Chief, Enforcement Bureau          
_________________________

1 47 C.F.R.  17.51(a), and 17.51(b).

2 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 (1991).  The term ``repeated'' means the commission or 
omission of an act more than once.  47 C.F.R.  312(f)(2).

3 47 C.F.R.  17.51(a), and 17.51(b).

4 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

5 American Tower Corporation, FCC 01-9,  10 (released:  January  
16, 2001).

6 Id., at  11.

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

8 47 C.F.R.   0.111, 0.311, 1.80.

9 47 C.F.R.  17.51(a), and 17.51(b).

10 47 C.F.R.  1.80.

11 See 47 C.F.R.  1.1914.