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


In the Matter of                  )
                                 )    
Verizon Wireless (VAW) LLC        )    File Number EB-02-DV-118
                                 )    
Owner of Antenna Structure        )    NAL/Acct. No. 200332800002
#1001987                          )    FRN 0003-8003-07
Colorado Springs, Colorado        )    



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                      Released:  October 29, 2002


By the District Director, Denver Office, Enforcement Bureau

                        I.   INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
("NAL"), we find that Verizon Wireless (VAW), LLC, ("Verizon"), 
the registered owner of antenna structure #1001987, in Colorado 
Springs, Colorado, has apparently willfully and repeatedly 
violated Sections 17.23 and 17.50 of the Commission's Rules 
("Rules")1 by failing to comply with the painting specifications 
required for the registered structure and failing to repaint the 
structure as often as necessary in order to maintain good 
visibility.  We conclude, pursuant to Section 503(b) of the 
Communications Act of 1934, as Amended ("Act"),2 that Verizon is 
apparently liable for a forfeiture in the amount of ten thousand 
dollars ($10,000).


                         II.  BACKGROUND

     2.  On May 14, 2002, an agent from the FCC's Denver Office 
inspected an antenna structure bearing the FCC Antenna Structure 
Registration Number (ASRN) 1001987.  At the time of the 
inspection, multiple pieces of black coaxial cabling running 
vertically along two of the structure's three vertical faces 
reduced the visibility of the bands of aviation orange and white 
paint on the underlying antenna structure.  The Agent returned to 
the tower site on June 5, 2002, to photograph the site, finding 
the condition of the structure's visibility unchanged. 

                        III.  DISCUSSION

     3.  Section 503(b) of the Act provides that any person who 
willfully or repeatedly fails to comply substantially with the 
terms and conditions of any license, or willfully or repeatedly 
fails to comply with any of the provisions of the Act or of any 
rule, regulation or order issued by the Commission thereunder, 
shall be liable for a forfeiture penalty.3  The term "willful" as 
used in Section 503(b) has been interpreted to mean simply that 
the acts or omissions are committed knowingly.4  The term 
``repeated'' means the commission or omission of such act more 
than once or for more than one day.5  

     4.  Section 17.23 of the Rules states that registered 
structures that are required to be painted and lit "must conform 
to the FAA's painting and lighting recommendations set forth on 
the structure's FAA determination of `no hazard,'" as referenced 
in FAA Advisory Circulars.  The FAA Circulars contain FAA 
recommendations for painting and lighting structures which pose a 
potential hazard to air navigation.  Pursuant to Section 17.23, 
the specifications, standards, and general requirements stated in 
the FAA Circulars are mandatory.  The ASR for # 1001987 specifies 
that the owner is required to paint and light the structure "in 
accordance with FAA Circular Number 70/7460-1J."  The current FAA 
Advisory Circular, 70/7460-1K, which supersedes FAA Circular 
Number 70/7460-1J, requires that "Alternate bands of aviation 
orange and white are normally displayed on... Coaxial cable, 
conduits, and other cables attached to the face of the tower."  
At the time of the inspection, none of the cabling or conduit on 
the faces of the tower was painted. 

     5.  Section 17.50 of the Rules requires structure owners to 
clean or repaint antenna structures as often as necessary to 
maintain good visibility.  At the time of the inspection, the 
bands of aviation orange and white were not distinguishable from 
any distance on two-thirds of the tower, due to the volume of 
unpainted cabling attached to two faces of the structure.  Based 
upon the evidence before us, we find that Verizon willfully and 
repeatedly violated sections 17.23 and 17.50 by failing to paint 
the cabling and conduit mounted to the exterior faces of the 
tower.

     6.  The base forfeiture amount set by The Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of the 
Rules to Incorporate the Forfeiture Guidelines, ("Forfeiture 
Policy Statement"),6 and Section 1.80 of the Rules,7 for failure 
to comply with prescribed antenna structure lighting or marking 
(painting) is $10,000.  In assessing the monetary forfeiture 
amount, we must also take into account the statutory factors set 
forth in Section 503(b)(2)(D) of the Act,8 which include the 
nature, circumstances, extent, and gravity of the violation(s), 
and, with respect to the violator, the degree of culpability, and 
history of prior offenses, ability to pay, and other such matters 
as justice may require.  Applying the Forfeiture Policy Statement 
and the statutory factors to the instant case, a $10,000 
forfeiture is warranted.


                      IV.  ORDERING CLAUSES

     7.  Accordingly, IT IS ORDERED THAT, pursuant to Section 
503(b) of the Communications Act of 1934, as amended,9 and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules,10 
Verizon Wireless (VAW) LLC, is hereby NOTIFIED of an APPARENT 
LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars 
($10,000) for violations of Sections 17.23 and 17.50 of the 
Rules.

     8.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,11 within thirty days of the release date 
of this NOTICE OF APPARENT LIABILITY, Verizon SHALL PAY the full 
amount of the proposed forfeiture or SHALL FILE a written 
statement seeking reduction or cancellation of the proposed 
forfeiture.

     9.  Payment of the forfeiture may be made by mailing a check 
or similar instrument, payable to the order of the Federal 
Communications Commission, to the Forfeiture Collection Section, 
Finance Branch, Federal Communications Commission, P.O. Box 
73482, Chicago, Illinois 60673-7482.  The payment must include 
the FCC Registration Number (FRN) and the NAL/Acct. No. 
referenced in the caption.

     10.  The response, if any, must be mailed to the Federal 
Communications Commission, Enforcement Bureau, Technical and 
Public Safety Division, 445 12th Street, S.W., Washington, D.C. 
20554 and must include the NAL/Acct. No. referenced in the 
caption.

     11.  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 principles ("GAAP"); 
or (3) some other reliable and objective documentation that 
accurately reflects the petitioner's current financial status.  
Any claim of inability to pay must specifically identify the 
basis for the claim by reference to the financial documentation 
submitted.

     12.  Requests for payment of the full amount of this Notice 
of Apparently Liability under an installment plan should be sent 
to:  Chief, Revenue and Receivables Operation Group, 445 12th 
Street, S.W., Washington, D.C. 20554.12

     13.  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 Federal Communications 
Commission, Enforcement Bureau, Technical and Public Safety 
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.

     14.  IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail #7001 0320 
0002 9702 9622, Return Receipt Requested, to Verizon Wireless 
(VAW), LLC, Attention Carol King, 30 Independence Boulevard, 
Warren, NJ 07059.


                              FEDERAL COMMUNICATIONS COMMISSION
                              



                              Leo E. Cirbo
                              District Director, Denver Office

Enclosure:  Attachment A
_________________________

1  47 C.F.R. §§ 17.23 and 17.50.

2  47 U.S.C. § 503(b).
3  47 U.S.C. § 503(b).

4  Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that "[t]he term 'willful', 
when used with reference to the commission or omission of any 
act, means the conscious and deliberate commission or omission of 
such act, irrespective of any intent to violate any provision of 
this Act ...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991). 

5  Section 312(f)(2), which also applies to Section 503(b), 
provides: "[t]he 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."

6  12 FCC Rcd 17087 (1997), recon. denied,15 FCC Rcd 303 (1999).

7  47 C.F.R. §1.80.

8  47 U.S.C. § 503(b)(2)(D).

9  47 U.S.C. § 503 (b).

10  47 C.F.R. §§ 0.111, 0.311 and 1.80. 

11  47 C.F.R. § 1.80.

12  See 47 C.F.R. § 1.1914.