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

In the Matter of                   )      File Number EB-02-KC-795
SBA Towers, Inc.                   )     NAL/Acct. No.200332560007
Owner of Antenna Structure         )
#1045818 near Huntsdale, Missouri  )              FRN 0005-7932-60
Boca Raton, Florida                )


                                  Released: December 3, 2002

By the Enforcement Bureau, Kansas City Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''),  we find  SBA Towers,  Inc. (``SBA''), 
owner of antenna structure #1045818, apparently liable for a 
forfeiture in  the amount of ten  thousand dollars ($10,000) 
for willful and  repeated violation of Section  17.50 of the 
Commission's Rules (``Rules'').1   Specifically, we find SBA 
apparently  liable  for failure  to  clean  and repaint  its 
antenna structure to maintain good visibility.

                         II.  BACKGROUND

     2.   On  November  12,   2002,  the  antenna  structure 
bearing FCC antenna  structure registration (``ASR'') number 
1045818 and located near  Huntsdale, Missouri, was inspected 
by an  agent of  the Commission's  Kansas City  Field Office 
(``Kansas City  Office'').  At  the time of  the inspection, 
black cabling  on the outside  of the structure  covered the 
painted metal  tower reducing  visibility of  the structure.  
The  Commission's  ASR  database showed  this  structure  is 
registered to SBA.

     3.     On  November 20,  2002, an  agent of  the Kansas 
City   Office   contacted  SBA   and   spoke   to  two   SBA 
representatives  who confirmed  that SBA  owned the  antenna 
structure with ASR number 1045818.  Mr. Ed Roach, one of the 
SBA  representatives, stated  that  they were  aware of  the 
painting problem and had  just received the Federal Aviation 
Administration  determination allowing  them to  change from 
painting to strobe lighting.  In a follow-up conversation on 
November  22,   2002,  Mr.  Roach  stated   that  the  local 
government jurisdiction would not allow strobe lighting, and 
that SBA  was in the process  of hiring a firm  to paint the 

                      III.  DISCUSSION

     4.   Section 17.50 requires antenna structure owners to 
clean or repaint the structure as necessary to maintain good 
visibility.   On  November  12,  2002, and  at  least  until 
November 22,  2002, SBA's  antenna structure  number 1045818 
had  black   cabling  on   the  tower  face   obscuring  the 
structure's  paint  and causing  the  structure  to have  an 
overall dark appearance.  As a  result of the black cabling, 
the structure was not clearly visible.

     5.   Based  on  the evidence  before  us,  we find  SBA 
Towers,  Inc. willfully2  and  repeatedly3 violated  Section 
17.50  of  the  Rules  by failing  to  repaint  its  antenna 
structure as necessary to maintain good visibility.

     6.   Pursuant to Section 1.80(b)(4)  of the Rules,4 the 
base forfeiture amount for failure to comply with prescribed 
lighting and marking 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 
Communications  Act of  1934,  as  amended (``Act''),  which 
include 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.5  
Considering  the  entire  record and  applying  the  factors 
listed above, this case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     7.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,6  and Sections 0.111,  0.311 and 
1.80 of the  Rules,7 SBA Towers, Inc. is  hereby NOTIFIED of 
ten  thousand dollars  ($10,000)  for  willful and  repeated 
violation of Section 17.50 of  the Rules by failing to clean 
and  repaint   its  antenna   structure  to   maintain  good 

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

     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 should note the NAL/Acct. No. and FRN referenced 
above.  Requests for payment of  the full amount of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.8

     10.  The response,  if any,  must be mailed  to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street SW,  Washington DC  20554, Attn:  Enforcement Bureau-
Technical  & Public  Safety  Division and  MUST INCLUDE  THE 
NAL/Acct. No. referenced above.  

     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 practices (``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 

     12.  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 Technical & 
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.

     13.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt  Requested to  5900  Broken Sound  Parkway NW,  Boca 
Raton, FL, 33487.   


                         Robert C. McKinney
                         Kansas  City   Office,  Enforcement 


1 47 C.F.R.  17.50.

2 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 

3 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).

4 47 C.F.R.  1.80(b)(4).

5 47 U.S.C.  503(b)(2)(D).

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, 0.311, 1.80.

8 See 47 C.F.R.  1.1914.