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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   +--+
   +--+


     In the Matter of   )   File No.: EB-11-SE-030  



                           )                           

     Horvath Towers, LLC   )   Acct No.: 201232100026  

                           )                           

                           )   FRN: 0013457312         


                                     ORDER

   Adopted: June 13, 2012 Released: June 14, 2012

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau (Bureau) of the Federal Communications
       Commission and Horvath Towers, LLC (Horvath). The Consent Decree
       resolves and terminates the Bureau's investigation into Horvath's
       compliance with Sections 1.1307(a)(6) and 1.1312(a) of the
       Commission's rules (Rules)  pertaining to the required assessment of
       the potential effect on the environment of the construction of a
       wireless communications facility.

    2. The Bureau and Horvath have negotiated a Consent Decree that resolves
       this matter. A copy of the Consent Decree is attached hereto and
       incorporated herein by reference.

    3. After reviewing the terms of the Consent Decree and evaluating the
       facts before us, we find that the public interest would be served by
       adopting the Consent Decree and terminating the investigation. 

    4. In the absence of material new evidence relating to this matter, we
       conclude that our investigation raises no substantial or material
       questions of fact as to whether Horvath possesses the basic
       qualifications, including those related to character, to hold or
       obtain any Commission license or authorization.

    5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the
       Communications Act of 1934, as amended, and Sections 0.111 and 0.311
       of the Rules, the Consent Decree attached to this Order IS ADOPTED.

    6. IT IS FURTHER ORDERED that the above-captioned investigation IS
       TERMINATED.

    7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
       shall be sent by first class mail and certified mail, return receipt
       requested, to Jacqueline L. Stout, President, Horvath Towers, LLC, and
       Jason Lehman, Vice President and Chief Operating Officer, Horvath
       Towers, LLC, 312 West Colfax Ave., South Bend, IN 46601, as well as to
       Barry A. Friedman, Esq., counsel for Horvath Towers, LLC, Thompson
       Hine LLP, Suite 800, 1920 N Street, N.W., Washington, D.C. 20036.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


     In the Matter of   )   File No.: EB-11-SE-030  



                           )                           

     Horvath Towers, LLC   )   Acct No.: 201232100026  

                           )                           

                           )   FRN: 0013457312         


                                 CONSENT DECREE

   The Enforcement Bureau of the Federal Communications Commission and
   Horvath Towers, LLC, by their authorized representatives, hereby enter
   into this Consent Decree for the purpose of terminating the Enforcement
   Bureau's investigation into possible violations of Sections 1.1307(a)(6)
   and 1.1312(a) of the Commission's rules pertaining to the required
   assessment of the potential effect on the environment of the construction
   of a wireless communications facility.

   I. DEFINITIONS

    1. For the purposes of this Consent Decree, the following definitions
       shall apply:

    a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
       S: 151 et seq.

    b. "Adopting Order" means an order of the Bureau adopting the terms of
       this Consent Decree without change, addition, deletion, or
       modification.

    c. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

    d. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    e. "Communications Laws" means collectively, the Act, the Rules, and the
       published and promulgated orders and decisions of the Commission to
       which Horvath is subject by virtue of its business activities,
       including but not limited to, the Environmental Laws.

    f. "Compliance Plan" means the compliance obligations, programs, and
       procedures described in this Consent Decree at paragraph 9.

    g. "Covered Employees" means all employees and agents of Horvath who
       perform duties, or supervise, oversee, or manage the performance of
       duties that relate to Horvath's responsibilities under the
       Environmental Rules.

    h. "Effective Date" means the date on which the Bureau releases the
       Adopting Order.

    i. "Environmental Rules" means Sections 1.1307(a)(6) and 1.1312(a) of the
       Rules and other Communications Laws implementing the National
       Environmental Policy Act of 1969, as amended.

    j. "Horvath" means Horvath Towers, LLC and its predecessors-in-interest
       and successors-in-interest.

    k. "Investigation" means the investigation commenced by the Bureau upon
       receipt of a referral from the Wireless Telecommunications Bureau
       regarding Horvath's possible violation of Sections 1.1307(a)(6) and
       1.1312(a) of the Rules.

    l. "Operating Procedures" means the standard, internal operating
       procedures and compliance policies established by Horvath to implement
       the Compliance Plan.

    m. "Parties" means Horvath and the Bureau, each of which is a "Party."

    n. "Rules" means the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

   II. BACKGROUND

    2. Under the Commission's rules implementing the National Environmental
       Policy Act of 1969, as amended (NEPA), applicants and licensees are
       required to assess whether proposed facilities may significantly
       affect the environment, as defined in Section 1.1307 of the Rules.
       This obligation expressly applies to facilities for which no
       pre-construction authorization is required. For proposed facilities
       that may have a significant environmental impact, applicants and
       licensees must prepare and submit to the Commission an Environmental
       Assessment (EA) and undergo environmental review by the Commission and
       any mandatory consultation with expert agencies, prior to initiating
       construction. Section 1.1307(a)(6) of the Rules expressly provides
       that the construction of facilities in a flood plain may significantly
       effect the environment and therefore require the preparation of an EA.

    3. Horvath owns, develops and operates cellular towers for wireless
       carriers across the United States. On May 9, 2008, Horvath filed with
       the Commission an Application for Antenna Structure Registration (FCC
       Form 854) (ASR Application) for a tower located in Partridge, Kansas
       (Partridge Site). On November 15, 2008, Horvath completed construction
       of the tower at the Partridge Site. However, Horvath had not yet
       completed the required pre-construction NEPA review for the Partridge
       Site facility. Upon completion of its NEPA review, Horvath discovered
       that one of the guy anchors for the Partridge Site tower was located
       in a flood plain zone. On December 16, 2008, Horvath filed a
       modification to its ASR Application to include an EA that disclosed
       that one guy anchor was located within the flood plain zone. The EA
       concluded that construction of the Partridge Site facility did not
       have a significant environmental effect. Although Horvath included the
       EA in its modified ASR Application, the company claims that it
       "inadvertently and mistakenly" responded "No" to Question 38 of the
       ASR Application, indicating that an EA was not required. Horvath filed
       a second modification to its ASR Application on October 18, 2010
       correcting the error. The Commission's Wireless Telecommunications
       Bureau (Wireless Bureau) reviewed Horvath's EA, and concurred that the
       construction at the Partridge Site did not have a significant
       environmental effect. The Wireless Bureau subsequently referred this
       matter to the Bureau for investigation and possible enforcement
       action. The Bureau and Horvath entered into a tolling agreement to
       toll the statute of limitations.

   III. TERMS OF AGREEMENT

    4. Adopting Order. The Parties agree that the provisions of this Consent
       Decree shall be subject to final approval by the Bureau by
       incorporation of such provisions by reference in the Adopting Order.

    5. Jurisdiction. Horvath agrees that the Bureau has jurisdiction over it
       and the matters contained in this Consent Decree and that the Bureau
       has the authority to enter into and adopt this Consent Decree.

    6. Effective Date; Violations. The Parties agree that this Consent Decree
       shall become effective on the Effective Date as defined herein. As of
       the Effective Date, the Adopting Order and this Consent Decree shall
       have the same force and effect as any other order of the Commission.
       Any violation

   of the Adopting Order or of the terms of this Consent Decree shall
   constitute a separate violation of a Commission order, entitling the
   Commission to exercise any rights and remedies attendant to the
   enforcement of a Commission order.

    7. Termination of Investigation. In express reliance on the covenants and
       representations in this Consent Decree and to avoid further
       expenditure of public resources, the Bureau agrees to terminate the
       Investigation. In consideration for the termination of the
       Investigation, Horvath agrees to the terms, conditions, and procedures
       contained herein. The Bureau further agrees that in the absence of new
       material evidence, the Bureau will not use the facts developed in the
       Investigation through the Effective Date, or the existence of this
       Consent Decree, to institute on its own motion any new proceeding,
       formal or informal, or take any action on its own motion against
       Horvath concerning the matters that were the subject of the
       Investigation. The Bureau also agrees that it will not, in the absence
       of new material evidence, use the facts developed in the Investigation
       through the Effective Date, or the existence of this Consent Decree,
       to institute on its own motion any proceeding, formal or informal, or
       take any action on its own motion against Horvath with respect to
       Horvath's basic qualifications, including its character
       qualifications, to be a Commission licensee.

    8. Compliance Officer. Within thirty (30) calendar days after the
       Effective Date, Horvath shall designate a senior corporate manager
       with the requisite corporate and organizational authority to serve as
       Compliance Officer and to discharge the duties set forth below. The
       person designated as the Compliance Officer shall be responsible for
       developing, implementing, and administering the Compliance Plan and
       ensuring that Horvath complies with the terms and conditions of the
       Compliance Plan and this Consent Decree. In addition to the general
       knowledge of the Communications Laws necessary to discharge his/her
       duties under this Consent Decree, the Compliance Officer shall have
       specific knowledge of the Environmental Rules prior to assuming
       his/her duties.

    9. Compliance Plan. For purposes of settling the matters set forth
       herein,  Horvath agrees that it shall within sixty (60) calendar days
       after the Effective Date, develop and implement a Compliance Plan
       designed to ensure future compliance with the Communications Laws and
       with the terms and conditions of this Consent Decree. With respect to
       the Environmental Rules, Horvath shall implement the following
       procedures:

    a. Operating Procedures on Environmental Rules. Within sixty (60)
       calendar days after the Effective Date, Horvath shall establish
       Operating Procedures that all Covered Employees must follow to help
       ensure Horvath's compliance with the Environmental Rules. Horvath's
       Operating Procedures shall include internal procedures and policies
       specifically designed to ensure that Horvath performs the required
       review of the potential effects on the environment of any proposed
       facilities, including facilities for which no pre-construction
       authorization is required, prior to the initiation of construction of
       such proposed facilities. Horvath's Operating Procedures shall
       incorporate a Compliance Checklist that describes the steps that a
       Covered Employee must follow to determine whether construction of the
       proposed facility is categorically excluded from environmental
       processing under Section 1.1306 of the Rules or may have a significant
       environmental effect, as defined in Section 1.1307 of the Rules.

    b. Compliance Manual. Within sixty (60) calendar days after the Effective
       Date, the Compliance Officer shall develop and distribute a Compliance
       Manual to all Covered Employees. The Compliance Manual shall explain
       the Environmental Rules and set forth the Operating Procedures that
       Covered Employees shall follow to help ensure Horvath's compliance
       with the Environmental Rules. Horvath shall periodically review and
       revise the Compliance Manual as necessary to ensure that the
       information set forth therein remains current and complete. Horvath
       shall distribute any revisions to the Compliance Manual promptly to
       all Covered Employees.

    c. Compliance Training.  Horvath shall establish and implement a
       Compliance Training Program on compliance with the Environmental Rules
       and the Operating Procedures. As part of the Compliance Training
       Program, Covered Employees shall be advised of Horvath's obligation to
       report any noncompliance with the Environmental Rules under paragraph
       10 of this Consent Decree and shall be instructed on how to disclose
       noncompliance to the Compliance Officer. All Covered Employees shall
       be trained pursuant to the Compliance Training Program within sixty
       (60) calendar days after the Effective Date,  except that any person
       who becomes a Covered Employee at any time after the Effective Date
       shall be trained within thirty (30) calendar days after the date such
       person becomes a Covered Employee. Horvath shall repeat the compliance
       training on an annual basis, and shall periodically review and revise
       the Compliance Training Program as necessary to ensure that it remains
       current and complete and to enhance its effectiveness.

   10. Reporting Noncompliance. Horvath shall report any noncompliance with
       the Environmental Rules and with the terms and conditions of this
       Consent Decree within fifteen (15) calendar days after its discovery
       of such noncompliance. Such reports shall include a detailed
       explanation of (i) each instance of noncompliance; (ii) the steps that
       Horvath has taken or will take to remedy such noncompliance; (iii) the
       schedule on which such proposed remedial actions will be taken; and
       (iv) the steps that Horvath has taken or will take to prevent the
       recurrence of any such noncompliance. All reports of noncompliance
       shall be submitted to the Chief, Spectrum Enforcement Division,
       Enforcement Bureau, Federal Communications Commission, 445 12th
       Street, S.W., Rm. 3-C366, Washington, D.C. 20554, with copies
       submitted electronically to Nissa Laughner at Nissa.Laughner@fcc.gov
       and Ricardo Durham at Ricardo.Durham@fcc.gov.

   11. Compliance Reports. Horvath shall file Compliance Reports with the
       Commission ninety (90) calendar days after the Effective Date, twelve
       (12) months after the Effective Date and twenty-four (24) months after
       the Effective Date.

    a. Each Compliance Report shall include a detailed description of
       Horvath's efforts during the relevant period to comply with the terms
       and conditions of this Consent Decree and the Environmental Rules. In
       addition, each Compliance Report shall include a certification by the
       Compliance Officer, as an agent of and on behalf of Horvath, stating
       that the Compliance Officer has personal knowledge that Horvath (i)
       has established and implemented the Compliance Plan; (ii) has utilized
       the Operating Procedures since the implementation of the Compliance
       Plan; and (iii) is not aware of any instances of noncompliance with
       the terms and conditions of this Consent Decree, including the
       reporting obligations set forth in paragraph 10 hereof.

    b. The Compliance Officer's certification shall be accompanied by a
       statement explaining the basis for such certification and must comply
       with Section 1.16 of the Rules and be subscribed to as true under
       penalty of perjury in substantially the form set forth therein.

    c. If the Compliance Officer cannot provide the requisite certification,
       the Compliance Officer, as an agent of and on behalf of Horvath, shall
       provide the Commission with a detailed explanation of the reason(s)
       why and describe fully (i) each instance of noncompliance; (ii) the
       steps that Horvath has taken or will take to remedy such
       noncompliance, including the schedule on which proposed remedial
       actions will be taken; and (iii) the steps that Horvath has taken or
       will take to prevent the recurrence of any such noncompliance,
       including the schedule on which such preventive action will be taken.

    d. All Compliance Reports shall be submitted to Chief, Spectrum
       Enforcement Division, Enforcement Bureau, Federal Communications
       Commission, 445 12th Street, S.W., Rm. 3-C366, Washington, D.C. 20554.
       All reports shall also be submitted electronically to Nissa Laughner
       at Nissa.Laughner@fcc.gov and to Ricardo Durham at
       Ricardo.Durham@fcc.gov.

   12. Termination Date. Unless stated otherwise, the obligations set forth
       in paragraphs 8 through 11 of this Consent Decree shall expire
       twenty-four (24) months after the Effective Date.

   13. Voluntary Contribution. Horvath agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of six
       thousand five hundred dollars ($6,500). The payment must be made
       within thirty (30) calendar days after the Effective Date. The payment
       must be made by check or similar instrument, payable to the order of
       the Federal Communications Commission. The payment must include the
       Account Number and FRN referenced in the caption to the Adopting
       Order. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
       When completing the FCC Form 159, enter the Account number in block
       number 23A (call sign/other ID), and enter the letters "FORF" in block
       number 24A (payment type code). Horvath must also send electronic
       notification on the date said payment is made to Nissa Laughner at
       Nissa.Laughner@fcc.gov, to Ricardo Durham at Ricardo.Durham@fcc.gov,
       and to Samantha Peoples at Sam.Peoples@fcc.gov.

   14. Waivers. Horvath waives any and all rights it may have to seek
       administrative or judicial reconsideration, review, appeal, or stay,
       or to otherwise challenge or contest the validity of this Consent
       Decree and the Adopting Order, provided the Bureau issues an Adopting
       Order as defined herein. Horvath shall retain the right to challenge
       Commission interpretation of the Consent Decree or any terms contained
       herein. If either Party (or the United States on behalf of the
       Commission) brings a judicial action to enforce the terms of the
       Adopting Order, neither Horvath nor the Commission shall contest the
       validity of the Consent Decree or of the Adopting Order, and Horvath
       shall waive any

   statutory right to a trial de novo. Horvath hereby agrees to waive any
   claims it may have under the Equal Access to Justice Act, relating to the
   matters addressed in this Consent Decree.

   15. Invalidity. In the event that this Consent Decree in its entirety is
       rendered invalid by any court of competent jurisdiction, it shall
       become null and void and may not be used in any manner in any legal
       proceeding.

   16. Subsequent Rule or Order. The Parties agree that if any provision of
       the Consent Decree conflicts with any subsequent rule or order adopted
       by the Commission (except an order specifically intended to revise the
       terms of this Consent Decree to which Horvath does not expressly
       consent) that provision will be superseded by such rule or Commission
       order.

   17. Successors and Assigns. Horvath agrees that the provisions of this
       Consent Decree shall be binding on its successors, assigns, and
       transferees.

   18. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties with
       respect to the Investigation. The Parties further agree that this
       Consent Decree does not constitute either an adjudication on the
       merits or a factual or legal finding or determination regarding any
       compliance or noncompliance with the Communications Laws.

   19. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   20. Paragraph Headings. The headings of the paragraphs in this Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   21. Authorized Representative. The individual signing this Consent Decree
       on behalf of Horvath represents and warrants that she is authorized by
       Horvath to execute this Consent Decree and to bind the company to the
       obligations set forth herein. The FCC signatory represents that she is
       signing this agreement in her official capacity and that she is
       authorized to execute this Consent Decree.

   22. Counterparts. This Consent Decree may be signed in any number of
       counterparts (including by facsimile), each of which, when executed
       and delivered, shall be an original, and all of which counterparts
       together shall constitute one and the same fully executed instrument.

   ________________________________

   John D. Poutasse

   Chief

   Spectrum Enforcement Division

   Enforcement Bureau

   ________________________________

   Date

   ____________________________________

   Ms. Jacqueline L. Stout

   President

   Horvath Towers, LLC

   ________________________________

   Date

   47 C.F.R. S:S: 1.1307(a)(6), 1.1312(a).

   We note that in a Public Notice released June 13, 2012, the Wireless
   Telecommunications Bureau determined, "based on an independent review of
   the Environmental Assessment" filed by Horvath, that the facility at issue
   will not significantly impact the environment. Antenna Structure
   Registration Service Information,  Public Notice, Report No. CWS-12-61
   (June 13, 2012).

   47 U.S.C. S: 154(i).

   47 C.F.R. S:S: 0.111, 0.311.

   47 C.F.R. S:S: 1.1307(a)(6), 1.1312(a).

   National Environmental Policy Act of 1969, Pub. L. No. 91-190, 83 Stat.
   852 (1970), as amended (codified at 42 U.S.C. S:S: 4321-4347).

   See 47 C.F.R. S:S: 1.1307(a)(6), 1.1312(a).

   See supra note 2.

   47 C.F.R. S: 1.1307.

   Id. S: 1.1312(a) ("In the case of facilities for which no Commission
   authorization prior to construction is required by the Commission's rules
   and regulations, the licensee or applicant shall initially ascertain
   whether the proposed facility may have a significant environmental impact
   as defined in S: 1.1307 of this part.").

   Id. S: 1.1311.

   See id. S:S: 1.1308, 1.1312(b).

   Id. S: 1.1307(a)(6).

   See File No. A0593807 (filed May 9, 2008).

   See File No. A0616634 (filed Dec. 16, 2008).

   See id.

   Memorandum from Barry Friedman, Esq., Thompson Hine, LLP, Counsel for
   Horvath Towers, LLC, to Ricardo Durham, Senior Deputy Division Chief,
   Spectrum Enforcement Division, FCC Enforcement Bureau (Feb. 14, 2011) (on
   file in EB-11-SE-030).

   See File No. A0698790 (filed Oct. 18, 2010).

   See, e.g., Tolling Agreement Extension, File No. EB-11-SE-030, executed by
   and between Ricardo M. Durham, Senior Deputy Division Chief, on behalf of,
   John D. Poutasse, Chief, Spectrum Enforcement Division, Enforcement
   Bureau, and Jacqueline L. Stout, President, Horvath Towers, LLC (Apr. 6,
   2012).

   47 C.F.R. S: 1.1306.

   Id. S: 1.1307.

   Id. S: 1.16.

   Equal Access to Justice Act, Pub L. No. 96-481, 94 Stat. 2325 (1980)
   (codified at 5 U.S.C. S: 504); see also 47 C.F.R. S:S: 1.1501-1.1530.

   Federal Communications Commission DA 12-867

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   Federal Communications Commission DA 12-867