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

In the Matter of                 )     File No. EB-02-NF-141
                                )
SpectraSite Communications,      )     NAL/Acct. No. 200332640008
Inc.                             )
                                )     FRN # 0006-1525-73
Cary, North Carolina


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted:   October 27, 2003               Released:  October 
31, 2003

By the Commission:

                        I.   INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),   we    find    SpectraSite    Communications,    Inc. 
(``SpectraSite'') apparently  liable  for  a  forfeiture  in  the 
amount of  one  hundred  twenty  thousand  five  hundred  dollars 
($120,500) for willful and repeated violations of Sections 303(q) 
of the Communications  Act of  1934, as  amended (``Act''),1  and 
Sections  17.51(b)  and   17.4(a)  of   the  Commission's   Rules 
(``Rules'').2   Specifically,  we  find  SpectraSite   apparently 
liable for its apparent willful  and repeated failure to  exhibit 
required obstruction lighting and failure to register its antenna 
structure.

                         II.  BACKGROUND

     2.   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  60.96 meters  (200 
feet) in height comply with painting and lighting  specifications 
designed to  ensure air  safety.3  Each  new or  altered  antenna 
structure  must  conform  to  the  FAA's  painting  and  lighting 
recommendations as a condition set  forth in the structure's  FAA 
Determination of No Hazard to  Air Navigation.  The FAA  painting 
and lighting  recommendations  are mandatory.4   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.5  
Additionally, antenna  structure owners  must immediately  notify 
the FAA when certain structure  lights malfunction and cannot  be 
repaired within 30 minutes.6  Upon receipt of such  notification, 
the FAA  then  issues a  Notice  to Airmen  (``NOTAM'')  advising 
pilots of  an antenna  structure at  a specific  location with  a 
temporary light malfunction.

     3.   For antenna structures that require notice of  proposed 
construction to the FAA,7 we require the antenna structure owners 
to register the structures with  the Commission and post  Antenna 
Structure Registration  (``ASR'')  numbers  at the  base  of  the 
antenna structures so that anyone may easily and quickly  contact 
the owner if problems  (e.g., lighting malfunctions) arise.8   In 
addition, structure owners  must notify the  Commission when  the 
ownership of a  structure changes or  when ownership  information 
changes.9  The  rules  requiring antenna  structure  registration 
have been in effect since 1996.10 

     4.   Commission  field  agents  regularly  inspect   antenna 
structures to determine compliance with the Commission's  antenna 
structure rules and promptly  respond to complaints of  unlighted 
towers.  The FAA also routinely notifies Commission field offices 
when owners either  fail to report  the repair of  malfunctioning 
lights within 15 days or repeatedly request extension of a NOTAM.

     5.   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   the 
Enforcement Bureau's issuance of an NAL in the amount of  $17,000 
to  SpectraSite  on  January  16,  2001.11   On  March  5,  2001, 
Commission field agents discovered an unlighted SpectraSite tower 
near Ocala,  Florida.  This  violation of  the antenna  structure 
lighting  requirements  resulted  in  the  Enforcement   Bureau's 
issuance of an  NAL in the  amount of $10,000  to SpectraSite  on 
April 25,  2001.12  From  April 24,  2001 to  December 17,  2001, 
Commission field  agents  uncovered  further  violations  of  the 
Commission's antenna structure rules by SpectraSite, and issued a 
number of Notices of Violation, including one instance of failure 
to post the ASR  number, one instance of  failure to register  an 
antenna structure, and  three instances of  failure to repair  or 
replace antenna structure lights, indicators, controls and  alarm 
systems as soon as practicable.  These violations resulted in the 
Commission's issuance of  an NAL for  monetary forfeiture in  the 
amount of $111,00013 to SpectraSite  and a warning that  ``future 
violations would result in even more serious enforcement action'' 
on April 25, 2002.14

     6.   On November 4, 2002, the Commission's Norfolk, Virginia 
Resident Agent Office  (``Norfolk Office'') received  information 
that a recently constructed, unpainted, antenna structure located 
on Sesame Street in Richmond, Virginia, exhibited no  obstruction 
lighting.  

     7.   On November 5, 2002, an  agent from the Norfolk  Office 
went to the area of the  reported light outage.  The agent  found 
six antenna structures on or  near Sesame Street, all within  one 
kilometer of  each other.   The tallest  structure of  the  group 
(N37-30-45.5, W77-36-3.9), a 312.8 meter tower, appeared recently 
constructed, had  no  ASR  number  displayed,  and  exhibited  no 
obstruction markings or paint.   A nearby, 180.9 meter  structure 
(N37-30-45, W77-36-06) located on  Sesame Street bore ASR  number 
1018227  and  exhibited  chipped  and  faded  paint.   Commission 
records indicate that SpectraSite is the owner of the 312.8 meter 
antenna structure on Sesame  Street and it  is assigned the  same 
ASR number  displayed on  the nearby 180.9  meter tower which  is 
also owned by SpectraSite.15  The  ASR for the 312.8 meter  tower 
prescribed that obstruction  lighting be continuously  exhibited.  
The agent observed  no lighting  exhibited on either  of the  two 
structures.  Also on November 5,  2002, the Norfolk Office  agent 
spoke with  a  specialist  at  the  FAA  Flight  Service  Station 
covering the Richmond,  Virginia area.  The  FAA specialist  said 
that the  station  had not  received  any report  of  a  lighting 
malfunction for any antenna structure near the coordinates of the 
structures on  Sesame Street  in Richmond,  Virginia.  The  agent 
informed the FAA  Specialist that the  antenna structure  bearing 
ASR number 1018227 was not lighted.  

     8.   On November 6  and 7,  2002, the  Norfolk Office  agent 
again observed the taller, unpainted antenna structure on  Sesame 
Street in  Richmond,  Virginia,  and  found  all  lights  on  the 
structure  extinguished.   On   November  6,   2002,  the   agent 
interviewed an employee  of WCVE-TV, Richmond,  Virginia, at  the 
station's studio located at the  base of the antenna  structures.  
The  WCVE-TV  employee  stated  that  the  taller  structure  was 
completed three to  four months earlier  and that, as  far as  he 
knew, the structure had never exhibited lights. 

     9.   On November 7, 2002, the agent found that the sign with 
the ASR number was  no longer posted at  the shorter 180.9  meter 
tower but instead the sign was leaned up against the 312.8  meter 
unlighted tower.  The agent  interviewed the Director of  Program 
Management  for  SpectraSite  Broadcast  Group  who  stated  that 
SpectraSite owned  both the  180.9 meter  structure and  the  new 
312.8 meter  structure on  Sesame Street  in Richmond,  Virginia.  
The 180.9  meter structure  was  originally registered  with  ASR 
number 1018227.  SpectraSite's  Director provided a  copy of  FCC 
Form 854 ``Application for Antenna Structure Registration'' filed 
on January 3, 2002.  The application was annotated ``Modification 
of a registered  antenna structure.''  The  Director stated  that 
SpectraSite's plan was to replace the shorter structure with  the 
newer, taller 312.8  meter structure  by February  1, 2003.   The 
Director provided a copy  of FAA Form  7460-2 ``Notice of  Actual 
Construction  or   Alteration''   indicating   that   SpectraSite 
completed construction of the 312.8  meter structure on July  17, 
2002.  He also provided a copy  of the FAA's Determination of  No 
Hazard to Air  Navigation that  cleared the  construction of  the 
312.8 meter  structure  provided  that  the  structure  exhibited 
obstruction lighting.16  Regarding  the lack of  lighting on  the 
312.8 meter  structure,  the  Director informed  the  agent  that 
during construction,  SpectraSite  had maintained  temporary  red 
lighting, but he was not sure why the lighting was removed.   The 
Director also stated  that SpectraSite's tower  crew had  removed 
the lighting sometime around the second week in October.  Finally 
the Director stated that he did not know why the permanent lights 
were not exhibited. 

     10.  On  January  24,   2003,  the   Norfolk  Office   agent 
telephonically  interviewed  the  Vice  President  for  Broadcast 
Operations  of  Commonwealth   Public  Broadcasting   Corporation 
(``CPBC''), licensee of Station  WCVE-TV.  CPBC's Vice  President 
stated that both the  180.9 meter structure  and the 312.8  meter 
structure remained standing, and  that CPBC's plans included  the 
use of  both structures.   The  Commission's ASR  database  still 
showed ASR number 1018227 to  be registered to SpectraSite for  a 
312.8 meter structure on Sesame Street in Richmond, Virginia, and 
no registration  for its  180.9 meter  structure also  on  Sesame 
Street.

                      III.      DISCUSSION

     11.  Section 303(q) of the Act states that antenna structure 
owners shall  maintain  the  painting  and  lighting  of  antenna 
structures as prescribed by the Commission.  Section 17.21 of the 
Rules states that painting and lighting are required for  antenna 
structures that exceed 60.96 meters,  except when it is shown  by 
the applicant that the absence  of such marking would not  impair 
the safety of  air navigation.17  Section  17.51(b) of the  Rules 
requires that all high intensity and medium intensity obstruction 
lighting  shall  be   continuously  exhibited  unless   otherwise 
specified.   Pursuant  to  its  ASR,  Spectrasite's  312.8  meter 
antenna structure  on Sesame  Street in  Richmond, Virginia  must 
exhibit high intensity white obstruction lighting.  In  addition, 
the FAA's  Determination  of  No Hazard  to  Air  Navigation  for 
SpectraSite's   312.8    meter   structure    conditioned    that 
determination  on  the  structure   being  lighted.   The   FAA's 
specifications  are  made  mandatory  by  Section  17.23  of  the 
Rules.18  SpectraSite completed construction of this structure on 
July 17, 2002.  During our inspections  on November 5, 6, and  7, 
2002,  SpectraSite  failed  to   exhibit  any  of  the   required 
obstruction lighting on its 312.8 meter structure.19 

     12.  While the 180.9 meter tower also exhibited no lighting, 
this does not violate  our rules.  Pursuant to  a request by  the 
previous owner of the tower, the FAA exempted the tower from  its 
painting and lighting requirements on  April 15, 1988 because  it 
was shielded  by  an adjacent  structure.20   Accordingly,  under 
Section 17.21(b) of our rules, we  find that the absence of  such 
marking would not impair the  safety of air navigation, and  that 
our painting  and  lighting requirements  do  not apply  to  this 
tower. 
     13.  Section 17.4(a) of the Rules requires that the owner of 
any proposed or existing  antenna structure that requires  notice 
of proposed construction to the  FAA must register the  structure 
with the Commission.  SpectraSite is the owner of the 180.9 meter 
tower originally assigned  ASR number 1018227  located on  Sesame 
Street in Richmond, Virginia.  This antenna structure would  have 
required notice of  proposed construction to  the FAA because  it 
exceeds 60.96  meters in  height.21   SpectraSite also  owns  the 
312.8 meter antenna  structure also located  on Sesame Street  in 
Richmond, Virginia,  that it  constructed on  July 17,  2002  and 
which now is  assigned ASR number  1018227.  Both structures  co-
existed from  at  least  July  17,  2002  to  January  24,  2003.  
SpectraSite's reassignment of the ASR number from its 180.9 meter 
tower to  its  312.8  meter  tower left  the  180.9  meter  tower 
unregistered in violation of Section 17.4(a) of the Rules.  
     14.  Based  on  the  evidence   before  us,  we  find   that 
SpectraSite  apparently  failed   to  exhibit  required   antenna 
structure  obstruction  lighting  on  its  312.8  meter   antenna 
structure located  on Sesame  Street  in Richmond,  Virginia,  on 
November 5, 6, and 7, 2002, in willful22 and repeated23 violation 
of Section 303(q) of  the Act and Section  17.51(b) of the  Rules 
and  apparently  failed  to  register  its  180.9  meter  antenna 
structure located  on Sesame  Street  in Richmond,  Virginia,  in 
willful and repeated violation of  Section 17.4(a) of the  Rules, 
once it shifted ASR number 1018227 from its 180.9 meter structure 
to its 312.8  meter structure  on March  21, 2002,  the date  the 
Commission authorized SpectraSite's use of ASR number 1018227 for 
the new 312.8 meter structure.   Because the tower is over  60.96 
meters, thus  requiring notice  of proposed  construction to  the 
FAA, it is still required to be registered.24  

     15.  Section 503(b) of the Act,25 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.''26

     16.  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'')27  and  Section  1.80  of  the  Rules,28  the   base 
forfeiture amount for failure to comply with prescribed  lighting 
and marking requirements is $10,000 for each violation.  The base 
forfeiture  amount  for  failure   to  file  required  forms   or 
information (e.g., failure to file an antenna registration  form) 
is $3,000 for each violation.

     17.  Application  of  the  base  amounts  to   SpectraSite's 
violations results in  an initial proposed  forfeiture of  $3,000 
for failure  to register  an antenna  structure and  $10,000  for 
failure to comply with  prescribed lighting requirements.   Thus, 
the total base forfeiture amount for SpectraSite's violations  is 
$13,000.

     18.  We are concerned  with SpectraSite's continued  pattern 
of antenna structure violations.  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.29    We   are   particularly   troubled   that 
SpectraSite continues to  violate these  rules despite  receiving 
three forfeiture assessments within less than three years for  at 
least  13  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.  
SpectraSite's  continuing  violation  of  the  antenna  structure 
requirements  evinces  a  pattern  of  non-compliance  with,  and 
apparent disregard  for,  these safety-related  rules.   Finally, 
SpectraSite has been warned  that further violations will  result 
in even  more  serious  enforcement  action.30   Accordingly,  we 
believe an upward  adjustment of  the base  forfeiture amount  is 
warranted.31   Applying  the  Forfeiture  Policy  Statement   and 
statutory factors  (e.g.,  nature,  extent  and  gravity  of  the 
violation and the  history of  prior offenses)32  to the  instant 
case, we  conclude  that  assessment  of  the  maximum  statutory 
forfeiture amount of  $33,000 ($10,000 per  day base amount  plus 
$1,000 per  day upward  adjustment for  prior violations  of  FCC 
requirements) for  SpectraSite's  apparent violation  of  Section 
17.51(b) of  the  Rules  on  November 5,  6,  and  7,  2002,  and 
assessment of the maximum statutory forfeiture amount of  $87,500 
for its apparent continuing violation, from March 21, 2002,33  of 
Section 17.4(a) of the Rules is warranted.34  Therefore, we  find 
SpectraSite apparently liable for a  forfeiture in the amount  of 
$120,500.35

     19.  Additionally, we note that a search of the Commission's 
ASR database reveals that as  of September 16, 2003,  SpectraSite 
still had  not  registered its  180.9  meter structure  with  the 
Commission.  Accordingly, we  will require,  pursuant to  Section 
308(b) of  the Act,36  that SpectraSite  submit a  report to  the 
Enforcement Bureau within 30 days of the release date of this NAL 
demonstrating that it has filed an antenna structure registration 
application for its  180.9 meter  structure on  Sesame Street  in 
Richmond, Virginia.  Moreover, because SpectraSite has a  history 
of non-compliance with the Commission's antenna structure  rules, 
pursuant to  Section 308(b)  of  the Act,  we will  also  require 
SpectraSite to submit  a report  to the  Enforcement Bureau  that 
details a plan for  ensuring that all  of its antenna  structures 
are in  compliance with  the Commission's  Rules and  a plan  for 
maintaining  future  compliance.   This  report  shall  also   be 
submitted within 30 days of the release date of this NAL.  

     20.  Finally, we are troubled that our field agents, in  the 
context of routine enforcement responses and sample  inspections, 
continue to uncover additional antenna structure rule  violations 
by SpectraSite.  Therefore, to  the extent appropriate after  its 
review of SpectraSite's report, we direct the Enforcement  Bureau 
to conduct further investigation  of SpectraSite's overall  level 
of compliance with the  Commission's antenna structure  painting, 
lighting and registration requirements  and to take or  recommend 
where   appropriate   additional   enforcement   action   against 
SpectraSite.

                      IV.  ORDERING CLAUSES

     21.  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  twenty 
thousand  five  hundred  dollars  ($120,500)  for  willfully  and 
repeatedly violating  Section 303(q)  of  the Act,  and  Sections 
17.51(b) and 17.4(a) of the Rules.

     22.  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. 

     23.  IT IS FURTHER ORDERED that, pursuant to Section  308(b) 
of the  Act, SpectraSite  must submit  the reports  described  in 
paragraph 20 no later than thirty (30) days from the release date 
of this NAL to:   Federal Communications Commission,  Enforcement 
Bureau, Spectrum  Enforcement Division,  445 12th  Street,  S.W., 
Washington, D.C. 20554, Attention:  Jacqueline Ellington, Room 7-
728.

     24.  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. 
200332640008 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. 20554.37

     25.  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 - Spectrum 
Enforcement  Division  and   must  include   the  NAL/Acct.   No. 
200332640008.

     26.  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.

     27.  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 Spectrum Enforcement  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.

     











     28.  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











































                          Attachment A


                FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit enterprise that is independently owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages, 
school districts, or 
special districts, with a population of less than fifty 
thousand.


(3)  Small Business
Any business concern that is independently owned and 
operated and 
is not dominant in its field, and meets the pertinent size 
criterion described below.
  

      Industry Type          Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                            Special Size Standard - 
Cable Systems                Small Cable Company has 400,000 
                            Subscribers Nationwide or Fewer
Cable and Other Program 
Distribution                     $12.5 Million in Annual 
                                    Receipts or Less

Open Video Systems 
       Common Carrier Services and Related Entities
Wireline Carriers and 
Service providers 
                                1,500 Employees or Fewer
Local Exchange Carriers, 
Competitive Access 
Providers, Interexchange 
Carriers, Operator Service 
Providers, Payphone 
Providers, and Resellers


Note:  With the exception of Cable Systems, all size 
standards are expressed in either millions of dollars or 
number of employees and are generally the average annual 
receipts or the average employment of a firm.  Directions 
for calculating average annual receipts and average 
employment of a firm can be found in 
13 CFR 121.104 and 13 CFR 121.106, respectively.





                  International Services
International Broadcast 
Stations






                                $12.5 Million in Annual 
                                    Receipts or Less
International Public Fixed 
Radio (Public and Control 
Stations)
Fixed Satellite 
Transmit/Receive Earth 
Stations
Fixed Satellite Very Small 
Aperture Terminal Systems
Mobile Satellite Earth 
Stations
Radio Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                        or Less
Low Power Television 
Services and Television 
Translator Stations
TV Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Radio Services
                             $6 Million in Annual Receipts 
                                        or Less
Radio Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Multipoint Distribution      Auction Special Size Standard -
Service                      Small Business is less than 
                            $40M in annual gross revenues 
                            for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220 MHz Radio Service - 
Phase I Licensees
220 MHz Radio Service -      Auction special size standard -
Phase II Licensees           Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            controlling principals)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            controlling principals)
700 MHZ Guard Band Licensees


Private and Common Carrier 
Paging
Broadband Personal 
Communications Services          1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal           Auction special size standard -
Communications Services      Small Business is $40M or less 
(Block C)                    in annual gross revenues for 
                            three previous calendar years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three 
                            calendar years (includes 
                            affiliates and persons or 
                            entities that hold interest in 
                            such entity and their 
                            affiliates)
Broadband Personal 
Communications Services 
(Block F)
Narrowband Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground Radiotelephone 
Service
800 MHz Specialized Mobile   Auction special size standard -
Radio                        Small Business is $15M or less 
                            average annual gross revenues 
                            for three preceding calendar 
                            years
900 MHz Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                      N/A
Aviation and Marine Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                            Small Business is 1,500 
Public Safety Radio Services employees or less
                            Small Government Entities has 
                            population of less than 50,000 
                            persons
Wireless Telephony and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                    N/A
Offshore Radiotelephone          1,500 Employees or Fewer
Service
Wireless Communications      Small Business is $40M or less 
Services                     average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 

39 GHz Service
                            Auction special size standard 
                            (1996) -
Multipoint Distribution      Small Business is $40M or less 
Service                      average annual gross revenues 
                            for three preceding calendar 
                            years
                            Prior to Auction -
                            Small Business has annual 
                            revenue of $12.5M or less
Multichannel Multipoint 
Distribution Service             $12.5 Million in Annual 
                                    Receipts or Less
Instructional Television 
Fixed Service
                            Auction special size standard 
                            (1998) -
Local Multipoint             Small Business is $40M or less 
Distribution Service         average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 
                            First Auction special size 
                            standard (1994) -
                            Small Business is an entity 
                            that, together with its 
                            affiliates, has no more than a 
218-219 MHZ Service          $6M net worth and, after 
                            federal income taxes (excluding 
                            carryover losses) has no more 
                            than $2M in annual profits each 
                            year for the previous two years
                            New Standard - 
                            Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
Satellite Master Antenna 
Television Systems               $12.5 Million in Annual 
                                    Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees    Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                        or Less
Radio and Television 
Broadcasting and Wireless 
Communications Equipment          750 Employees or Fewer
Manufacturers
Audio and Video Equipment 
Manufacturers
Telephone Apparatus 
Manufacturers (Except            1,000 Employees or Fewer
Cellular)
Medical Implant Device            500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                        or Less
Nursing Homes                    $11.5 Million in Annual 
                                    Receipts or Less
Hotels and Motels             $6 Million in Annual Receipts 
                                        or Less
Tower Owners                 (See Lessee's Type of Business)



_________________________

1 47 U.S.C.  303(q).
2 47 C.F.R.  17.51(b) and 17.4(a).
3 47 C.F.R.  17.21.
4 47 C.F.R.  17.23.
5 47 C.F.R.  17.47.
6 47 C.F.R.  17.48.
7 47 C.F.R.  17.7.
8 47 C.F.R.  17.4.
9 47 C.F.R.  17.57.
10 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).
11SpectraSite Communications,  Inc., 16  FCC Rcd  809 (Enf.  Bur. 
2001), forfeiture ordered, 16 FCC Rcd 6773 (Enf. Bur. 2001) (paid 
in full).
12 SpectraSite  Communications, Inc.,  (Enf. Bur.,  Tampa  Office 
rel. Apr. 25, 2001), forfeiture  ordered, 16 FCC Rcd 17668  (Enf. 
Bur. 2001) (paid in full).
13 SpectraSite  Communications, Inc.,  17  FCC Rcd  7884  (2002), 
request for partial  reduction granted, 17  FCC Rcd 19900  (2002) 
($6,000 forfeiture amount for failure to post the ASR  cancelled, 
remaining amount paid).
14 Id. at 7884.
15   It appears  from the record  that when SpectraSite  modified 
its ASR number 1018227  to register its  newly built 312.8  meter 
structure, it left unregistered its 180.9 meter structure,  which 
had been originally been assigned ASR number 1018227.  
16    FAA,  Determination  of   No  Hazard  to  Air   Navigation, 
Aeronautical Study Number 99-AEA-0874-OE, issued May 24, 2000.
17  47 C.F.R.  17.21.
18  47 C.F.R.  17.23.
19 On November 7, 2002, after the inspection, the agent  received 
information from SpectraSite  that it had  finished the  lighting 
connections and the antenna structure was lighted on that date. 
20  See  Letter  to   Central  Virginia  Educational   Television 
Corporation from FCC - Antenna Survey Branch (April 15, 1988). 
21 47 C.F.R.  17.7.
22 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).
23 As provided by 47  U.S.C.  312(f)(2), a continuous  violation 
is ``repeated''  if it  continues for  more than  one day.    The 
Conference Report for Section  312(f)(2) indicates that  Congress 
intended to apply this  definition to Section 503  of the Act  as 
well as  Section 312.   See  H.R. Rep.  97th  Cong. 2d  Sess.  51 
(1982).  See Southern California Broadcasting Company, 6 FCC  Rcd 
4387, 4388 (1991)  and Western Wireless  Corporation, 18 FCC  Rcd 
10319 at fn 56 (2003).
24 See 47 C.F.R.  17.4 and 17.7.
25 47 U.S.C.  503(b).
26 47 U.S.C.  503(b)(2)(D).
27 12 FCC Rcd 17087 (1997), recon. denied 15 FCC Rcd 303 (1999).
28 47 C.F.R.  1.80.
29 AT&T Wireless Services,  Inc., 17 FCC  Rcd 7891, 7896  (2002), 
forfeiture ordered, 17  FCC Rcd 21866  (2002) (forfeiture  amount 
reduced from $153,000 to $117,000).
30   See, e.g., SpectraSite Communications, Inc., 17 FCC Rcd 7884 
at 7884.
31 Cf. SpectraSite Communications, Inc., 17 FCC Rcd 7884 at  7889 
(base forfeiture amount tripled);  AT&T Wireless Services,  Inc., 
17 FCC Rcd  at 7896  (base forfeiture  amount tripled);  TeleCorp 
Communications, Inc., 16 FCC Rcd 805, 807 (Enf. Bur. 2001)  (base 
forfeiture amount doubled). 
32 See also 47 C.F.R.   1.80, Note to paragraph (b)(4):  Section 
II. Adjustment Criteria for Section 503 Forfeitures.
33 The NAL covers only the portion of this period within one year 
of the release date of this NAL.
34  See 47 C.F.R.  1.80(b)(3).
35 We note that  the Wireless Telecommunications Bureau  recently 
announced a 60-day amnesty period to owners of antenna structures 
identified in its initial quarterly audit who may be in violation 
of the Commission's  antenna structure  registration rules.   See 
Public Notice, Wireless  Telecommunications Bureau Announces  60-
Day Amnesty for Structures Identified in Initial Quarterly  Audit 
of Antenna Structures, DA 03-2411 (released July 23, 2003).   The 
two antenna structures involved in this proceeding are not  among 
those  for  which   amnesty  has   been  granted.    Furthermore, 
SpectraSite can not claim it  is unaware of its  responsibilities 
regarding  antenna  registration  because  SpectraSite  has  been 
informed  by  our  prior  enforcement  actions  (which   included 
registration violations) of its responsibilities for meeting  the 
requirements of our tower rules. 
36 47 U.S.C.  308(b).
37 See 47 C.F.R.  1.1914.