Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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

In the Matter of                 )     File No. EB-02-SD-004
                                )
SpectraSite Communications,      )     NAL/Acct. No. 200232940004
Inc.                             )
                                )     FRN # 0006-1525-73
Cary, North Carolina


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: April 18, 2002                   Released: April 25, 
2002

By the Commission: Commissioner Abernathy issuing a statement.

                        I.   INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),   we    find   SpectraSite    Communications,    Inc., 
(``SpectraSite''), Cary, North Carolina, apparently liable for  a 
forfeiture in  the  amount of  one  hundred and  eleven  thousand 
dollars ($111,000)  for six  willful and  repeated violations  of 
Sections 303(q) of  the Communications  Act of  1934, as  amended 
(``Act''),1 and  Part 17  of the  Commission's Rules  (``Rules'') 
relating  to   antenna  structure   construction,  marking,   and 
lighting.2  

     2.   In particular,  we find  SpectraSite apparently  liable 
for  one  failure  to  register  an  existing  antenna  structure 
(Section 17.4(a)(2)); two failures to post the Antenna  Structure 
Registration (``ASR'') number in  a conspicuous location so  that 
it is visible  near the  base of the  antenna structure  (Section 
17.4(g));  and  three  failures  to  replace  or  repair  antenna 
structure lights, automatic  indicators, automatic controls,  and 
alarm systems as  soon as practicable   (Section 17.56(a)).3   We 
find that during the period of April 24, 2001 through February 1, 
2002, SpectraSite failed to comply with one of these requirements 
in six separate locations throughout the country.

     3.   The apparent violations here come approximately  within 
a year  of  prior  forfeitures against  SpectraSite  for  similar 
violations.4  Our rules  relating to tower  lighting and  marking 
are important to public safety.  SpectraSite's apparent inability 
to comply  with  these  rules  on  a  consistent  basis  is  very 
troubling.  In light of these circumstances, we have tripled  the 
base forfeiture amounts for these violations.  Future  violations 
will result in even more serious enforcement action.

                         II.  BACKGROUND

     4.   The  Commission's   antenna   structure   construction, 
marking and lighting requirements operate in concert with Federal 
Aviation Administration  (``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  designed  to 
ensure air  safety.5   We  require antenna  structure  owners  to 
register antenna  structures with  the  Commission and  post  ASR 
numbers at  the base  of  antenna structures  to allow  for  easy 
contact  if  problems  arise.6    The  rules  requiring   antenna 
structure registration for all antenna structures that may pose a 
hazard to air  navigation have  been in effect  since 1996.7   We 
have  repeatedly  advised  antenna  structure  owners  that   all 
existing, unregistered antenna  structures subject  to our  rules 
must be registered immediately or the owners will face a monetary 
forfeiture or other enforcement action.8

     5.   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.9   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.10   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.11  The FAA then issues Notices 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. 

     6.   Commission  field  agents  regularly  inspect   antenna 
structures to determine compliance with the Commission's  antenna 
structure construction,  marking  and lighting  requirements  and 
promptly respond to  complaints of  unlit towers.   The FAA  also 
routinely notifies Commission field  offices when owners fail  to 
either report that lights  have been repaired  within 15 days  or 
request that a NOTAM be extended.  During routine inspections  of 
antenna structures owned  by SpectraSite, from  July 21, 2000  to 
October 27, 2000, Commission Field agents discovered four antenna 
structures that did not have  the ASR numbers posted as  required 
and three  antenna structures  for  which SpectraSite  failed  to 
notify the  Commission of  ownership changes.   These  violations 
resulted in  a $17,000  monetary forfeiture  against  SpectraSite 
issued on March 19, 2001,  which SpectraSite paid in full.12   On 
March 5,  2001,  Commission  field  agents  discovered  an  unlit 
SpectraSite tower  near Ocala,  Florida.  This  violation of  the 
antenna structure  lighting requirements  resulted in  a  $10,000 
monetary forfeiture  against  SpectraSite issued  on  October  3, 
2001, which SpectraSite paid in full.13  In the course of ongoing 
routine inspections and  investigations, Commission field  agents 
have continued  to uncover  new  violations of  the  Commission's 
antenna structure requirements  by SpectraSite, and  in the  past 
year have issued a number of Notices of Violation (``NOVs'')  for 
such violations.   A brief  description of  the most  serious  of 
these safety-related violations,  which are the  subject of  this 
NAL, follows.

Oakdale, California - File No. EB-01-SF-172

     7.   On April 24, 2001, an  agent from the Commission's  San 
Francisco, California  Field  Office (``San  Francisco  Office'') 
inspected an antenna structure  located at 10601 Pioneer  Avenue, 
Oakdale, California.  The agent observed no ASR number posted  at 
the site.   A  search of  Commission  records revealed  that  the 
structure was registered  to SpectraSite (ASR  No. 1208406).   On 
May 4,  2001,  the San  Francisco  Office issued  an  NOV  citing 
SpectraSite for  failure  to  post the  antenna  structure's  ASR 
number in violation of Section 17.4(g) of the Rules.  In its  May 
18, 2001, response to  the NOV, SpectraSite  replied that it  had 
immediately posted a temporary sign at the site and had installed 
a permanent ASR number sign there on May 9, 2001.

Badin, North Carolina - File No. EB-01-NF-252

     8.   On or about  September 21, 2001,  the FAA notified  the 
Commission's Enforcement Bureau that  an antenna structure  owned 
by SpectraSite which is located at or near Badin, North  Carolina 
might not be registered, among other things.  Subsequent contacts 
between the FAA, a Resident Agent from the Commission's  Norfolk, 
Virginia Resident Agent Office, and SpectraSite revealed that the 
antenna structure  was  subject to  Part  17 of  the  Rules  and, 
accordingly, needed to  be registered.  On  October 9, 2001,  the 
Resident Agent issued  an NOV citing  SpectraSite for failure  to 
register the antenna structure in violation of Section 17.4(a)(2) 
of the  Rules.  In  its  two responses  to the  NOV,  SpectraSite 
details  its   remedial   efforts,  which   culminated   in   its 
registration of the antenna structure on November 8, 2001.14

Lewiston, Idaho - File No. EB-01-ST-329

     9.   On November 19, 2001, the FAA notified the Commission's 
Seattle, Washington  Field  Office (``Seattle  Office'')  that  a 
NOTAM was  open for  an antenna  structure owned  by  SpectraSite 
which is located at 700 Lindsey Creek Road, Lewiston, Idaho  (ASR 
No.  1227064).   An  agent's  investigation  into  the   referral 
revealed that since  October 1,  2001, the FAA  had issued  three 
NOTAMs for problems  with the antenna  structure's lighting.   On 
January 18,  2002,  the  Seattle  Office  issued  an  NOV  citing 
SpectraSite  for  failure  to  replace  or  repair  the   antenna 
structure's lights, automatic indicators, automatic controls, and 
alarms systems as  soon as  practicable in  violation of  Section 
17.56(a) of the Rules.  In  its response to the NOV,  SpectraSite 
states that its antenna structure light monitoring company opened 
the NOTAMs  after  receiving successive  notifications  of  tower 
light outages via an electronic monitoring device.  According  to 
SpectraSite, it  inspected  the  equipment  and  found  that  the 
electronic   monitoring   device   had   a   faulty   controller.  
SpectraSite  then  claims   that  it   replaced  the   electronic 
monitoring device's faulty controller and closed the  outstanding 
NOTAM on January 17, 2002, but  provides no reason for its  delay 
in replacing the faulty controller.

Blackfoot, Idaho - File No. EB-01-ST-343 

     10.  On December  10, 2001,  the  FAA notified  the  Seattle 
Office that a NOTAM  was open for an  antenna structure owned  by 
SpectraSite which is located at or near Blackfoot, Idaho (ASR No. 
1228118).  An agent's  investigation into  the referral  revealed 
that since November 1, 2001,  the FAA had issued multiple  NOTAMs 
for problems with the  antenna structure's lighting.  On  January 
18, 2002, the Seattle Office issued an NOV citing SpectraSite for 
failure to  replace or  repair  the antenna  structure's  lights, 
automatic indicators, automatic controls,  and alarms systems  as 
soon as  practicable  in violation  of  Section 17.56(a)  of  the 
Rules.  In its  response to  the NOV, SpectraSite  states that  a 
``fuse was  wired incorrectly  causing  a white  strobe  alarm.''  
SpectraSite then claims that it would repair the lighting  system 
by February  1,  2002,  and  close  the  outstanding  NOTAM,  but 
provides no  reason  for  its delay  in  repairing  the  lighting 
system.

Eugene, Oregon - File No. EB-02-PO-005

     11.  On December 17, 2001, the FAA notified the Commission's 
Portland, Oregon Resident Agent Office that a NOTAM was open  for 
an antenna structure  owned by  SpectraSite which  is located  at 
29790 Kelso Street, Eugene, Oregon (ASR No. 1218058).  A Resident 
Agent's investigation  into  the  referral  revealed  that  since 
October 29, 2001,  the FAA  had issued five  NOTAMs for  problems 
with the antenna structure's lighting.  On January 11, 2002,  the 
Resident Agent issued  an NOV citing  SpectraSite for failure  to 
replace or  repair  the  antenna  structure's  lights,  automatic 
indicators, automatic  controls, and  alarms systems  as soon  as 
practicable in violation  of Section 17.56(a)  of the Rules.   In 
its response  to the  NOV, SpectraSite  states that  an  apparent 
equipment  malfunction   resulted  in   the  successive   NOTAMs.  
SpectraSite then claims that it repaired the equipment and closed 
the outstanding NOTAM on January 10, 2002, but provides no reason 
for its delay in repairing the equipment.

Portland, Oregon - File No.  EB-01-PO-301

     12.  On  December  17,  2001,  a  Resident  Agent  from  the 
Enforcement Bureau's  Portland,  Oregon,  Resident  Agent  Office 
inspected an  antenna  structure  located at  or  near  Portland, 
Oregon.  The Resident Agent observed no ASR number posted at  the 
site.  A search of Commission records revealed the structure  was 
registered to SpectraSite  (ASR No. 1230865).    On December  18, 
2001, the Resident  Agent issued  an NOV  citing SpectraSite  for 
failure to post the antenna  structure's ASR number in  violation 
of Section 17.4(g)  of the Rules.   In its response  to the  NOV, 
SpectraSite stated that it posted the  ASR number at the site  on 
January 9, 2002.  

                      III.      DISCUSSION

     13.  Based  on  the  evidence   before  us,  we  find   that 
SpectraSite  has  apparently  failed   to  register  an   antenna 
structure in willful15 violation of Section 17.4(a)(2); failed to 
post an  ASR number  in  a conspicuous  location  so that  it  is 
readily visible near  the base  of the antenna  structure in  two 
instances in willful violation of Section 17.4(g); and failed  to 
replace or  repair three  antenna structures'  lights,  automatic 
indicators, automatic  controls, and  alarms systems  as soon  as 
practicable in three  instances in willful  violation of  Section 
17.56(a).  We also find that SpectraSite has apparently failed to 
maintain the lighting  of its antenna  structures as required  by 
our rules in willful violation of Section 303(q) of the Act.   We 
note  that  these  violations  were  continuing  and  thus   also 
repeated.16

     14.  Section 503(b) of the Act,17 authorizes the  Commission 
to assess a forfeiture for each willful or repeated violation  of 
the Act  or of  any  rule, regulation,  or  order issued  by  the 
Commission under the Act.  In  exercising such authority, we  are 
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.''18

     15.  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'')19  and  Section  1.80  of  the  Rules,20  the   base 
forfeiture amount for failure to comply with prescribed  lighting 
and marking  requirements is  $10,000,  and the  base  forfeiture 
amount for failure to file  required forms or information  (e.g., 
failure to file  an antenna  registration form)  is $3,000.   The 
Forfeiture Policy Statement does not establish a base  forfeiture 
amount for  failure to  post the  antenna structure  registration 
number.21   The  Commission  has  determined,  however,  that  an 
appropriate base forfeiture  amount for failure  to post the  ASR 
number is  $2,000 per violation.22

     16.  Application  of  the  base  amounts  to   SpectraSite's 
violations results in  an initial proposed  forfeiture of  $3,000 
for the failure to register an antenna structure, a forfeiture of 
$2,000 for each  of the two  instances of violations  of the  ASR 
posting rules, and a forfeiture of $10,000 for each of the  three 
instances of violations for failure to replace or repair  lights, 
automatic indicators, automatic controls,  and alarms systems  as 
soon as practicable.  Thus, the total base forfeiture amount  for 
all of SpectraSite's violations is $37,000.

     17.  We  are  concerned   with  the   pattern  of   apparent 
violations here.  We have  previously stressed the importance  of 
full compliance with the antenna  structure rules because of  the 
potential danger  to  air  traffic safety,  including  the  rules 
designed  to  enable  us  to  readily  locate  antenna  structure 
owners.23  In this case, we find SpectraSite's failure to replace 
or repair lights, automatic  indicators, automatic controls,  and 
alarms systems for months a serious threat to air traffic safety.

     18.  We are particularly troubled that SpectraSite continues 
to  violate  these   rules  despite   receiving  two   forfeiture 
assessments within the last  thirteen months for eight  instances 
of failure to comply with the antenna structure rules.  The prior 
forfeiture actions put SpectraSite on notice that the  Commission 
considers  violations  of  the  antenna  structure  construction, 
marking,  and  lighting  rules   to  be  serious   safety-related 
infractions, yet SpectraSite apparently  failed to take  adequate 
steps to  ensure its  future compliance  in this  area.  The  new 
violations not  only include  two new  instances of  ASR  posting 
violations, but  three very  serious  violations of  the  antenna 
structure lighting rules.  SpectraSite's continuing violation  of 
the antenna  structure requirements  evinces  a pattern  of  non-
compliance with and apparent  disregard for these  safety-related 
rules.  Accordingly, we believe  a significant upward  adjustment 
of the  base  forfeiture  amount is  warranted.24   Applying  the 
Forfeiture Policy Statement and statutory factors (e.g.,  nature, 
extent and  gravity of  the violation  and the  history of  prior 
offenses)25  to  the  instant  case,  we  conclude  that  it   is 
appropriate  to   triple   the  base   forfeiture   amounts   for 
SpectraSite's   apparent   violations.    Therefore,   we    find 
SpectraSite apparently liable for a  forfeiture in the amount  of 
$111,000.
       
                      IV.  ORDERING CLAUSES

     19.  Accordingly, IT IS  ORDERED that,  pursuant to  Section 
503(b) of the  Act, and  Section 1.80 of  the Rules,  SpectraSite 
Communications,  Inc.  is  hereby   NOTIFIED  of  this   APPARENT 
LIABILITY FOR  A FORFEITURE  in  the amount  of one  hundred  and 
eleven  thousand  dollars  ($111,000)  for  willfully   violating 
Section 303(q)  of  the  Act  and  willfully  violating  Sections 
17.4(a)(2), 17.4 (g), and 17.56(a) of the Rules.

     20.  IT IS FURTHER ORDERED that, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
SpectraSite Communications, Inc. SHALL PAY the full amount of the 
proposed forfeiture  amount or  SHALL  FILE a  written  statement 
seeking reduction or cancellation of the proposed forfeiture. 

     21.  Payment 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  NAL/Acct.  No. 
200232940004 and FRN # 0006-1525-73.  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. 20554.26

     22.  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   - 
Technical  and  Public  Safety  Division  and  must  include  the 
NAL/Acct. No. 200232940004.

     23.  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; 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.

     24.  IT IS FURTHER ORDERED that a copy of this NAL shall  be 
sent by Certified  Mail Return Receipt  Requested to  SpectraSite 
Communications, Inc.,  100  Regency  Forest  Drive,  Cary,  North 
Carolina 27511.



                              FEDERAL COMMUNICATIONS COMMISSION



                              Marlene H. Dortch
                              Secretary                      SEPARATE STATEMENT OF 
                 COMMISSIONER KATHLEEN ABERNATHY


In re: SpectraSite Communications Inc. - Notice of Apparent 
Liability for Forfeiture;  AT&T Wireless Services Inc. - Notice 
of Apparent Liability for Forfeiture 

     I support today's decisions to render substantial notices of 
apparent  liability  against  wireless  tower  owners  who   have 
violated our tower  marking and lighting  requirements.  I  write 
separately to call attention to the excellent and important  work 
of our field offices in these stepped up enforcement efforts.

     Our field agents are our  grass roots front line of  defense 
against unlawful  spectrum  and  tower safety  practices.   As  a 
federal regulatory agency,  we necessarily operate  with most  of 
our personnel in Washington DC.  However, for most Americans, the 
FCC they see and hear and call  upon for help work in the  dozens 
of field offices the Commission operates around the country.  The 
Commission  has  unique   responsibilities  for  enforcement   of 
interference  rules,   tower   safety,   and   unlicensed   radio 
operations, among others.  These NALs are one indication of  this 
important work.  In three regional offices and twenty five  field 
offices round the  country, 109 agents  with extensive  technical 
and enforcement expertise work tirelessly for a fraction of  what 
they could earn in the private sector.  Since January 2001 in the 
tower safety  area  alone, field  agents  have been  integral  in 
issuing 37 Commission and/or Enforcement Bureau NALs,  forfeiture 
orders  and  consent   decrees  totaling   well  over   $600,000.  
Unfortunately, at times, the fine efforts of the field offices do 
not receive the recognition they deserve.  I write separately  in 
an effort to close this gap.   

_________________________

1 47 U.S.C.  303(q) (antenna structure owners shall maintain the 
painting and lighting of antenna structures as prescribed by  the 
Commission).
2 47 C.F.R.  17.1 et seq.
3 47 C.F.R.  17.4(a)(2), 17.4(g) and 17.56(a).
4 See  6 and notes 12-13, infra.
5 47 C.F.R.  17.21.
6 47 C.F.R.  17.4.
7 Antenna  structure owners  were required  to register  existing 
antenna structures during a  two-year filing period between  July 
1, 1996 and June 30, 1998, and to register new antenna structures 
prior to  construction.   Streamlining the  Commission's  Antenna 
Structure Clearance Procedure, 11 FCC Rcd 4272 (1995).
8  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  rel.  Jan.  13,  1999).   In 
addition, in June and July 1999, the Wireless  Telecommunications 
Bureau  sent  letters  to  licensees  informing  them  that   the 
Commission had no valid registration  for their antenna site  and 
that owners and, to  the extent they  were liable, tenants  could 
face monetary forfeitures  for antenna  structures that  remained 
unregistered.
9 47 C.F.R.  17.47.
10 47 C.F. R.  17.56.
11 47 C.F.R.  17.48.
12SpectraSite Communications,  Inc., 16  FCC Rcd  809 (Enf.  Bur. 
2001), forfeiture ordered, 16 FCC Rcd 6773 (Enf. Bur. 2001).
13 SpectraSite  Communications, Inc.,  (Enf. Bur.,  Tampa  Office 
rel. Apr. 25, 2001), forfeiture  ordered, 16 FCC Rcd 17668  (Enf. 
Bur. 2001).
14 ASR number 1230615.
15 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).
16 See id. at 4388; as defined in the Act, 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). 
17 47 U.S.C.  503(b).
18 47 U.S.C.  503(b)(2)(D).
19 12 FCC Rcd 17087 (1997), recon. denied 15 FCC Rcd 303 (1999).
20 47 C.F.R.  1.80.
21 The fact that the Forfeiture Policy Statement does not specify 
a base  amount does  not indicate  that no  forfeiture should  be 
imposed.  The  Forfeiture  Policy  Statement  states  that  ``any 
omission of  a  specific  rule  violation  from  the  [forfeiture 
guidelines] . . . should not signal that the Commission considers 
any  unlisted   violation   as  nonexistent   or   unimportant.''  
Forfeiture Policy Statement, 12 FCC Rcd at 17099.  The Commission 
retains the discretion, moreover,  to depart from the  Forfeiture 
Policy Statement and issue  forfeitures on a case?by?case  basis, 
under its general forfeiture  authority contained in Section  503 
of the Act.  Id.
22  American  Tower  Corp.,  16  FCC  Rcd  1282,  1284-85  (2001) 
(``American Tower'').
23 Id. at 1282-85.
24 Cf.,  American Tower,  16  FCC Rcd  at 1285  (base  forfeiture 
amount doubled); TeleCorp Communications,  Inc., 16 FCC Rcd  805, 
807 (Enf. Bur. 2001) (base forfeiture amount doubled). 
25 See also 47 C.F.R.   1.80, Note to paragraph (b)(4):  Section 
II. Adjustment Criteria for Section 503 Forfeitures.
26 See 47 C.F.R.  1.1914.