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

In the Matter of                )
                                )
Titan Towers, LP                )    File No. EB-02-OR-194
                                )    NAL/Acct. No. 200232620009
Owner of Antenna Structure      )    FRN 0004-5429-99
Registration No. 1233271 near   )
Pine Bluff, Arkansas            )    
                                )
Abilene, Texas                  )

                        FORFEITURE ORDER 

Adopted:   May 15, 2003            Released:  May 19, 2003

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

1.        In  this  Forfeiture  Order  (``Order''),  we  issue  a 
  monetary  forfeiture in  the  amount of  two  thousand  dollars 
  ($2,000) to Titan  Towers, LP (``Titan''), owner of an  antenna 
  structure with Antenna Structure Registration (``ASR'')  number 
  1233271 near  Pine Bluff,  Arkansas, for  willful violation  of 
  Section 17.4(g)  of the Commission's  Rules (``Rules'').1   The 
  noted  violation  involves Titan's  failure  to  post  its  ASR 
  number so  that it is  readily visible in  a conspicuous  place 
  near the base of the antenna structure.

2.        On  July  22,  2002,  the  Commission's  New   Orleans, 
  Louisiana  Field  Office  (``New  Orleans  Office'')  issued  a 
  Notice of Apparent Liability for Forfeiture (``NAL'') to  Titan 
  for  a forfeiture  in  the  amount of  three  thousand  dollars 
  ($3,000).2  Titan  filed a response  to the NAL  on August  21, 
  2002.

                         II.  BACKGROUND

3.        On May 22, 2002, an  agent from the New Orleans  Office 
  inspected an antenna structure near Pine Bluff, Arkansas.   The 
  agent  observed that  the ASR  number was  not posted  anywhere 
  near the  base of the  structure.  A subsequent  search of  the 
  Commission's  ASR database  revealed  that this  structure  was 
  registered to and owned by Titan.  The database further  showed 
  that construction of this structure was completed on April  16, 
  2002.

4.        On July 22, 2002, the New Orleans Office issued an  NAL 
  for a  $3,000 forfeiture to Titan for  failing to post its  ASR 
  number  near the  base  of  the antenna  structure  in  willful 
  violation of Section 17.4(g) of the Rules.  The NAL noted  that 
  the base  forfeiture amount established  by the Commission  for 
  failure to  post an ASR  number is $2,000.3   However, the  NAL 
  found  that a  50% upward  adjustment  of the  base  forfeiture 
  amount to  $3,000 was  appropriate in this  case because  Titan 
  has  a   history  of  non-compliance   with  the  ASR   posting 
  requirement.4  In  its response to the  NAL, Titan admits  that 
  the ASR number was  not posted near the base of its Pine  Bluff 
  antenna structure at  the time of the inspection, but  requests 
  cancellation or  reduction of the  proposed $3,000  forfeiture.  
  Titan states that its  standard practice is to erect the  tower 
  structure  itself, construct  any ground  structures needed  to 
  house ancillary equipment  at the base of the tower  structure, 
  and then  install a fence surrounding  the tower and  ancillary 
  equipment  and  affix the  ASR  sign  to the  fence.   In  this 
  instance,  Titan  states  that  inclement  weather  caused   an 
  unanticipated delay between the time it completed  construction 
  of the  tower on April 16, 2002  and the time it installed  the 
  fence with  the appropriate ASR sign.   Titan asserts that  the 
  unfortunate  delay  in   its  construction  schedule  was   not 
  expected and  should not be construed  by the Commission as  an 
  indication that Titan is  less than diligent in its efforts  to 
  satisfy    all   Commission    requirements,   including    the 
  requirements  of  Section 17.4(g).   Titan  also  asserts  that 
  should  a similar  situation arise  in the  future, its  policy 
  will  be  to  display   the  ASR  sign  on  the  tower   itself 
  temporarily  and  then   move  the  sign  to  the  fence   upon 
  installation.   Finally,  Titan  objects  to  the  50%   upward 
  adjustment of  the base  forfeiture amount  for this  violation 
  based on  the three  NOVs previously  issued to  Titan for  ASR 
  number posting  violations.  With  respect to  the three  prior 
  NOVs, Titan  asserts that the first  involved a case where  the 
  ASR number  was affixed to  the tower base,  but FCC  personnel 
  could not see it from outside the fence, the second involved  a 
  case where the tower was voluntarily registered, and Titan  has 
  no record of receiving the third NOV.  

                      III.      DISCUSSION

5.        The forfeiture  amount in  this  case was  assessed  in 
  accordance with  Section 503(b)  of the  Communications Act  of 
  1934, as amended,  (``Act''),5 Section 1.80 of the Rules,6  and 
  The Commission's Forfeiture  Policy Statement and Amendment  of 
  Section  1.80  of  the  Rules  to  Incorporate  the  Forfeiture 
  Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC  Rcd 
  303  (1999)  (``Policy  Statement'').   In  examining   Titan's 
  response,  Section  503(b)   of  the  Act  requires  that   the 
  Commission 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 other such  matters as  justice 
  may require.7

6.        Section 17.4(g) of the Rules  requires the owner of  an 
  antenna structure to post the ASR number so that it is  readily 
  visible in  a conspicuous place  near the base  of the  antenna 
  structure.   Titan admits  that the  ASR  number for  its  Pine 
  Bluff  antenna structure  was not  posted at  the time  of  the 
  inspection on  May 22, 2002,  more than one  month after  Titan 
  completed  construction  of  the  tower  on  April  16,   2002.  
  Moreover, Titan clearly knew  that it was required to post  the 
  ASR  number  near  the  base  of  the  Pine  Bluff  tower.   We 
  accordingly  conclude that  Titan willfully8  violated  Section 
  17.4(g) of the Rules.

7.        Titan  asserts  that  the  violation  occurred  because 
  inclement  weather  caused   an  unanticipated  delay  in   the 
  construction of the  fence surrounding the tower, on which  the 
  ASR  sign was  to be  affixed.   We do  not believe  that  this 
  circumstance  warrants   cancellation  or   reduction  of   the 
  forfeiture amount.   We expect tower owners  to post their  ASR 
  numbers  promptly  upon  completion  of  construction  of   the 
  antenna structure.  Here, more than a month lapsed between  the 
  time Titan completed construction of its antenna structure  and 
  the time  it posted the ASR  sign.  The unanticipated delay  in 
  the construction  of the fence surrounding  the tower does  not 
  excuse Titan's  failure to  post its  ASR sign  as required  by 
  Section  17.4(g).  To  the  extent  that Titan  was  unable  to 
  construct  the fence  on which  it intended  to affix  its  ASR 
  sign, it could have posted a temporary ASR sign on or near  the 
  antenna  structure.   Furthermore,  the  fact  that  Titan  has 
  changed its policy to provide for such a temporary ASR sign  if 
  a  similar situation  arises in  the future  does not  mitigate 
  this violation.

8.        However, we  agree  with  Titan  that  the  50%  upward 
  adjustment  of  the $2,000  base  forfeiture  amount  for  this 
  violation based on  its past history of non-compliance was  not 
  warranted.  Review  of the three prior  cases cited in the  NAL 
  as a basis for  the upward adjustment reveals that in one  case 
  the ASR number was in fact posted on the base of the tower  and 
  in  one case  the ASR  number  was not  required to  be  posted 
  because  the  tower  was  registered  voluntarily.   Thus,   it 
  appears that  Titan was  not in  violation of  the ASR  posting 
  requirement in two of the three prior cases cited in the  NAL.9  
  Under the circumstances presented here, we do not believe  that 
  Titan's  one previous  ASR  posting violation  warrants  a  50% 
  increase in  the base  forfeiture amount for  its violation  of 
  Section  17.4(g) in  the instant  case.  Accordingly,  we  will 
  reduce the forfeiture for Titan's violation of Section  17.4(g) 
  from $3,000 to $2,000.  

9.        We have examined Titan's  response to the NAL  pursuant 
  to the  statutory factors  above, and in  conjunction with  the 
  Policy  Statement as  well.   As a  result  of our  review,  we 
  conclude that Titan  willfully violated Section 17.4(g) of  the 
  Rules, but  we reduce  the forfeiture for  this violation  from 
  $3,000 to $2,000.  

                      IV.  ORDERING CLAUSES

10.       Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  503 of  the Act, and  Sections 0.111, 0.311  and 1.80(f)(4)  of 
  the  Rules,10  Titan  Towers,  LP  IS  LIABLE  FOR  A  MONETARY 
  FORFEITURE in the  amount of two thousand dollars ($2,000)  for 
  willful violation of Section 17.4(g) of the Rules.

11.       Payment of the forfeiture shall  be made in the  manner 
  provided for  in Section 1.80  of the Rules  within 30 days  of 
  the  release of  this Order.   If the  forfeiture is  not  paid 
  within the  period specified, the case  may be referred to  the 
  Department  of  Justice  for  collection  pursuant  to  Section 
  504(a) of  the Act.11  Payment may be  made by mailing a  check 
  or  similar instrument,  payable to  the order  of the  Federal 
  Communications  Commission,   to  the  Federal   Communications 
  Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.   The 
  payment  should reference  NAL/Acct. No.  200232620009 and  FRN 
  0004-5429-99.  Requests for  full payment under an  installment 
  plan  should  be  sent  to:   Chief,  Revenue  and  Receivables 
  Operations  Group,  445 12th  Street,  S.W.,  Washington,  D.C. 
  20554.12

12.       IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by first  class mail and certified mail return  receipt 
  requested to Titan Towers, LP, 1500 Industrial Blvd.,  Abilene, 
  Texas  79602, and  to its  counsel, Elizabeth  R. Sachs,  Esq., 
  Lukas, Nace,  Gutierrez & Sachs,  Chartered, 1111 19th  Street, 
  N.W., 12th Floor, Washington, D.C. 20036.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

  1 47 C.F.R.  17.4(g).  

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200232620009 (Enf. Bur.,  New Orleans Office,  released July  22, 
2002).    

  3 See American Tower Corporation, 16 FCC Rcd 1282 (2001).

  4 In  support of  the decision  to adjust  the base  forfeiture 
amount upward  in  this case,  the  NAL cited  three  Notices  of 
Violation issued to Titan for failure to post its ASR on or  near 
the base of an antenna structure:   one issued on April 25,  2002 
by the Detroit,  Michigan Field Office  (File No.  EB-02-DT-392); 
one issued  on August  18,  2000 by  the Denver,  Colorado  Field 
Office (File No. EB-00-DV-418); and  one issued on June 28,  1999 
by the Dallas, Texas Field Office (File No. 99DL237).

  5 47 U.S.C.  503(b).

  6 47 C.F.R.  1.80.

  7 47 U.S.C.  503(b)(2)(D).

  8 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,' 
... 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).

  9 Titan  asserts that it never received  the NOV issued by  the 
Detroit Field Office on  April 25, 2002.   However, on April  30, 
2002, Titan submitted a  response to the NOV  in which it  stated 
that the ASR number had been posted on the fence surrounding  the 
tower, but the fence had been taken down in order to be replaced.  
Titan further stated that it posted the ASR number again after it 
completed construction of a new fence.  

  10 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  11 47 U.S.C.  504(a).

  12 See 47 C.F.R.  1.1914.