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


In the Matter of                   )   File Numbers EB-02-AT-313, 
                                                            )                 EB-02-AT-314
Verizon Wireless                   )
Owner of Antenna Structures        )    NAL/Acct. No.200332480008
#1042025 in Baileytown, Tennessee  )
and #1042026 in Greeneville,       )             FRN 0003-2906-73
Tennessee
Alpharetta, Georgia

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                       Released: November 5, 2002

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find  Verizon  Wireless  (``Verizon''),  owner  of 
antenna structures #1042025 and #1042026, apparently liable for a 
forfeiture in the  amount of  six thousand  dollars ($6,000)  for 
willful  and  repeated   violation  of  Section   17.57  of   the 
Commission's Rules (``Rules'').1   Specifically, we find  Verizon 
Wireless apparently liable for  failure to notify the  Commission 
of a change in ownership of two of its antenna structures.

                         II.  BACKGROUND

     2.   On July 31, 2002, an agent of the Commission's  Atlanta 
Field Office (``Atlanta Office'') inspected the antenna structure 
associated with  FCC  antenna  structure  registration  (``ASR'') 
#1042025, located  in Baileytown,  Tennessee.  ASR  #1042025  was 
posted at the structure site.  Also  on July 31, 2002, the  agent 
inspected the antenna structure associated with FCC ASR #1042026, 
located in Greeneville,  Tennessee.  ASR #1042026  was posted  at 
the structure site.  The  agent determined from the  Commission's 
ASR database that antenna  structures #1042025 and #1042026  were 
registered to ACC  Tennessee License LLC.   The agent  telephoned 
the listed contact  person for  ACC Tennessee  License LLC,  Gina 
Zeeburg, who stated that both antenna structures had been sold to 
Verizon Wireless on February 8, 2002.

     3.   On September 4,  2002, an agent  of the Atlanta  Office 
contacted Verizon Wireless in  Atlanta, Georgia, Ms. Carol  King, 
who stated that Verizon had purchased the two antenna  structures 
and was the current owner.

                        III.  DISCUSSION

     4.   Section 17.57 of  the Rules  requires the  owner of  an 
antenna structure  for which  an antenna  structure  registration 
number has  been obtained  to immediately  notify the  Commission 
using FCC  Form  854  upon  any  change  in  ownership.   Antenna 
structures  #1042025   and  #1042026   were  registered   antenna 
structures  and  had  obtained  ASR  numbers.   Verizon  acquired 
ownership of these  two towers on  February 8, 2002,  yet, as  of 
July 31, 2002, Verizon had failed to notify the Commission of the 
change in ownership.

     5.   Based on  the  evidence  before  us,  we  find  Verizon 
willfully2 and repeatedly3 violated Section 17.57 of the Rules by 
failing to report changes in antenna structure ownership.

     6.   Pursuant to Section 1.80(b)(4) of the Rules,4 the  base 
forfeiture  amount  for  failure   to  file  required  forms   or 
information (e.g., failure to notify  the Commission of a  change 
in ownership  information)  is  $3,000 for  each  violation.   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  Verizon failed  to 
update ownership information  on two of  its antenna  structures.  
Considering the  entire record  and applying  the factors  listed 
above, this case warrants a forfeiture of $6,000.

                      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 Verizon  Wireless is  hereby  NOTIFIED of  this  APPARENT 
LIABILITY FOR A FORFEITURE in the amount of six thousand  dollars 
($6,000) for willful and repeated  violation of Section 17.57  of 
the Rules by  failing to  notify the  Commission of  a change  in 
ownership of two of its antenna structures.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Verizon Wireless  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 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 
submitted.  

     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 Verizon  Wireless,  One  Verizon  Place,  Alpharetta,  Georgia 
30004.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Fred L. Broce
                         District Director
                         Atlanta Office, Enforcement Bureau

Attachment.
_________________________

1 47 C.F.R. § 17.57.

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 (1991).

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.