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

In the Matter of                   )     File Number EB-02-KC-657
Wichita SMSA Tower Holdings, LLC   )                         NAL-
Owner of Antenna Structure Number  ) /Acct. No. 200232560032
1032091 in Wichita, KS             )
Dallas, Texas                      )               FRN 0001658657


                                    Released: September 25 , 2002

By the Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),   we   find   Wichita   SMSA   Tower   Holdings,   LLC 
(``Wichita''), owner  of  antenna  structure  number  1032091  in 
Wichita, Kansas, 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 Wichita SMSA Tower Holdings, LLC apparently 
liable  for  its  failure  to  continuously  exhibit  all  medium 
intensity obstruction lighting.

                         II.  BACKGROUND

     2.   On August 14, 2002, an  agent from the FCC  Enforcement 
Bureau, Kansas City Field Office observed that antenna  structure 
number 1032091  was not  illuminated  per its  assigned  lighting 
specifications in that the top  strobe light was not  operational 
on the  antenna structure.    According to  the Federal  Aviation 
Administration (``FAA''), they had not  received a report of  the 
light outage and no Notice to Airmen (``NOTAM'') had been issued.

     3.   On  August   22,   2002,  Ms.   Kellye   Abernathy,   a 
representative of  Wichita, stated  that in  early 1995,  Wichita 
received approval  from  the  FAA to  change  from  painting  and 
lighting to dual lighting and, at  that time, a strobe light  was 
added to  the  tower but  the  light  was never  wired  into  the 
structure's monitoring system.  Once the light was wired into the 
system,  which  occurred  after  the  FCC  agent  contacted   Ms. 
Abernathy, the  monitoring alarm  went  off indicating  that  the 
light was burned out.  She further indicated that the problem was 
a misunderstanding by the technician at the tower who was unaware 
that there should be a daytime strobe. 

                        III.  DISCUSSION

     4.   Section 17.51(b) requires that  all high intensity  and 
medium intensity obstruction  lighting be exhibited  continuously 
unless otherwise  specified.   The  antenna  structure  owner  is 
responsible  for  maintaining  the  structure's  lighting.2    In 
addition, the antenna structure owner shall report immediately to 
the FAA any known improper functioning of a structure's top light 
or any flashing light.3   On August 14,  2002, Wichita failed  to 
exhibit medium  intensity  obstruction lighting  on  its  antenna 
structure  number  1032091,  in   accordance  with  its   antenna 
structure  registration  and  FAA  requirements.    Additionally, 
Wichita had  not  filed  a  report of  a  light  outage  on  this 
structure with the FAA.

     5.   Based on the evidence before  us, we find Wichita  SMSA 
Tower Holdings, LLC willfully4  violated Section 17.51(b) of  the 
Rules by failing to exhibit required tower lights on its  antenna 
structure 1032091.

     6.   Pursuant to Section 1.80(b)(4) of the Rules,5 the  base 
forfeiture amount for failure to exhibit obstruction 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 Wichita SMSA  Tower Holdings, 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 exhibit obstruction  lighting 
on structure 1032091 in Wichita, Kansas.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Wichita SMSA Tower Holdings,  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 

     12.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Wichita SMSA  Tower Holdings,  LLC 17330  Preston Road,  Suite 
100A, Dallas, TX  75252.   


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

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

2 See 47 C.F.R.  17.6(a).

3 See 47 C.F.R.  17.48(a).

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.