Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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


In the Matter of                   )     File Number EB-02-KC-658
                                                            )
Southwestern Bell Wireless, LLC    )    NAL/Acct. No.200232560031
Owner of Antenna Structure #       )
1226815 located                    )             FRN 0004-2495-95
near Fair Grove, Missouri          )
Dallas, Texas

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                      Released: September 5, 2002

By the Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find Southwestern  Bell  Wireless, LCC,  owner  of 
antenna structure #1226815, apparently liable for a forfeiture in 
the  amount  of  ten  thousand  dollars  ($10,000)  for   willful 
violation  of  Section   17.51(b)  of   the  Commission's   Rules 
(``Rules'').1  Specifically, we find Southwestern Bell  Wireless, 
LLC apparently  liable for  failure to  continuously exhibit  all 
high intensity and medium intensity obstruction lighting.

                         II.  BACKGROUND

     2.   On August 16, 2002, an agent of the Commission's Kansas 
City Field Office inspected the antenna structure associated with 
FCC Antenna Structure Registration (``ASR'') #1226815 and located 
near Fair Grove, Missouri.   At the time  of inspection at  11:00 
a.m., the unpainted  structure had  no medium  or high  intensity 
obstruction lighting in operation.

     3.   Later on the same date,  the agent determined from  the 
Commission's  ASR  Database  that   the  antenna  structure   was 
registered to Southwestern Bell  Wireless, LLC. The  registration 
included requirements to  maintain a dual  lighting system  using 
medium intensity obstruction  lighting during daylight  operation 
and red lights and beacon  during nighttime operation.  At  about 
12:45 p.m.,  the agent  telephoned the  listed contact  telephone 
number for  Southwestern  Bell  Wireless,  LLC  and  spoke  to  a 
representative who stated she would check on the situation.   The 
agent  also  telephoned   the  Federal  Aviation   Administration 
(``FAA'') Flight Service Station (``FSS'') in Columbia,  Missouri 
and found no  Notice to  Airman (``NOTAM'') had  been issued  for 
that antenna  structure. Another  representative of  Southwestern 
Bell Wireless,  LLC  telephoned  and spoke  to  the  agent.   The 
representative stated that  the Southwestern  Bell Wireless,  LLC 
Operations Center  had  not received  an  alarm on  that  antenna 
structure but that a NOTAM  had been issued.  She further  stated 
that the obstruction lighting on the structure was out as well as 
the automatic alarm system.

                        III.  DISCUSSION

     4.   Section 17.51(b) requires that  all high intensity  and 
medium intensity obstruction  lighting be exhibited  continuously 
unless otherwise specified.  According  to the antenna  structure 
registration #1226815, this  structure is  owned by  Southwestern 
Bell Wireless, LLC  and is required  to exhibit medium  intensity 
obstruction lighting during daylight hours.  On August 16,  2002, 
no obstruction  lighting was  observed  in operation  on  antenna 
structure #1226815.  Over one  hour and forty-five minutes  after 
the lighting was first observed out, Southwestern Bell  Wireless, 
LLC had not notified the FAA of the light outage.2  In  addition, 
Southwestern Bell  Wireless, LLC  failed to  inspect its  antenna 
structure lights  and associated  control equipment  in that  the 
structure's automatic alarm system failed.3

     5.   Based on the evidence  before us, we find  Southwestern 
Bell Wireless, LLC  willfully4 violated Section  17.51(b) of  the 
Rules by  failing to  continuously  exhibit all  required  medium 
intensity obstruction lighting.

     6.   Pursuant to Section 1.80(b)(4) of the Rules,5 the  base 
forfeiture amount for failure  to comply with prescribed  antenna 
structure  lighting  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.6  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,7 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,8 Southwestern  Bell Wireless,  LLC is  hereby NOTIFIED  of 
this APPARENT LIABILITY  FOR A  FORFEITURE in the  amount of  ten 
thousand dollars  ($10,000)  for  willful  violation  of  Section 
17.51(b) of  the Rules  by failing  to continuously  exhibit  all 
medium intensity obstruction lighting.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Southwestern Bell Wireless, LLC 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. 20554.9

     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.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Southwestern  Bell Wireless,  LLC. 17330  Preston Road,  Suite 
100A, Dallas, Texas 75252.   


                         FEDERAL COMMUNICATIONS COMMISSION



                         Robert C. McKinney
                         District Director,  Kansas City  Office, 
Enforcement Bureau
_________________________

1 47 C.F.R.  17.51(b).

2 The owner of a registered antenna structure must report 
immediately to the nearest FAA FSS any known improper functioning 
of any top light or flashing light that cannot be corrected 
within 30 minutes.  See 47 C.F.R.  17.48(a).

3 See 47 C.F.R.  17.48.

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 4387-88 (1991).

5 47 C.F.R.  1.80(b)(4).

6 47 U.S.C.  503(b)(2)(D).

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.