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

In the Matter of                  )       File Number EB-02-OR-194
Titan Towers, LP                  )      NAL/Acct.No. 200232620009
Owner of Antenna Structure, No.   )
1233271 near Pine Bluff,          )               FRN 0004-5429-99
Arkansas                          )
Abilene, Texas


                                     Released: July 22, 2002

By the Enforcement Bureau, New Orleans Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we  find Titan  Towers, LP (``Titan''),  owner of 
antenna structure  number 1233271,  apparently liable  for a 
forfeiture in the amount  of three thousand dollars ($3,000) 
for willful violation of Section 17.4(g) of the Commission's 
Rules (``Rules'').1  Specifically,  we find Titan apparently 
liable  for   failing  to  display  the   Antenna  Structure 
Registration (``ASR'') number on  its antenna structure near 
Pine Bluff, Arkansas. 

                       II.  BACKGROUND

     2.  On May 22, 2002,  an agent from the FCC Enforcement 
Bureau's   New  Orleans   Field  Office   inspected  antenna 
structure  number 1233271  near  Pine  Bluff, Arkansas,  and 
observed that  the ASR number  was not posted  anywhere near 
the base of the structure.

     3.   On May  28,  2002, a  search  of the  Commission's 
records showed this structure to  be registered and owned by 
Titan.   The  records  further  showed  this  structure  was 
constructed on April 16, 2002.

                      III.  DISCUSSION

     4.   Section 17.4(g)  of  the Rules  requires that  the 
antenna  structure registration  number  be  displayed in  a 
conspicuous place  so that  it is  readily visible  near the 
base of  the antenna  structure.  The antenna  structure was 
observed on May 22, 2002, and no ASR number was visible. 

     5.  Based  on the evidence  before us, we find  that on 
May 22,  2002, Titan willfully2 violated  Section 17.4(g) of 
the Rules by failing to display the ASR number.

     6.  Section 1.80(b)(4) of the Rules3 does not establish 
a base  forfeiture amount  for failure  to post  the antenna 
structure   registration   number.4   The   Commission   has 
determined,  however, that  an  appropriate base  forfeiture 
amount  for failure  to post  the ASR  number is  $2,000 per 
violation.5  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 Titan's  compliance record 
shows a history of three  identical violations from June 22, 
1999,  to April  5, 2002.7   Considering the  entire record, 
including  Titan's history  of non-compliance,  and applying 
the statutory  factors listed  above, this case  warrants an 
upwards adjustment of the base forfeiture amount from $2,000 
to $3,000.

                    IV.  ORDERING CLAUSES

     7.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,8  and Sections 0.111,  0.311 and 
1.80 of the  Rules,9 Titan Towers, LP is  hereby NOTIFIED of 
three  thousand dollars  ($3,000) for  willful violation  of 
Section 17.4(g) of the Commission's Rules.

     8.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Titan Towers, LP 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.  Request for payment of  the full amount of NAL under 
an installment  plan should be  sent to: Chief,  Revenue and 
Receivable   Operations  Group,   445  12th   Street,  S.W., 
Washington, D.C.  20554.10

     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  Titan Towers,  LP at  1500 Industrial 
Blvd., Suite 300E, Abilene, Texas, 79602.

                              FEDERAL COMMUNICATIONS 

                              James C. Hawkins
                              District Director, New Orleans 
                              Enforcement Bureau

1 47 C.F.R.  17.4(g).

2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally to 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 

3 47 C.F.R.  1.80(b)(4).

4 See The Commission's Forfeiture Policy Statement and 
Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines (``Forfeiture Policy Statement''), 
12FCC RCD 17087 (1997), recon. denied 15FCC Rcd 303 (1999).  
The Forfeiture Policy Statement states that ``...any 
omission of a specific rule violation from the 
...[forfeiture guidelines]... should not signal that the 
Commission considers any unlisted violation as nonexistent 
or unimportant.  Forfeiture Policy Statement, 12 FCC Rcd at 
17099.  The Commission retains the discretion, moreover, to 
depart from the Forfeiture Policy Statement and issue 
forfeitures on a case by case basis, under its general 
authority contained in Section 503 of the Act.  Id.

5 American Tower Corporation, 16 FCC Rcd 1282 (2001).

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

7 Notice of Violation (``NOV'') issued by the Detroit Field 
Office on April 25, 2002, for failure to post ASR number on 
April 5, 2002; NOV issued by the Denver Field Office on 
August 18, 2000, for failure to post ASR number on July 20, 
2000; NOV issued by the Dallas Field Office on June 28, 
1999, for failure to post ASR number on June 22, 1999. 
 47 U.S.C.  503(b).
 47 C.F.R.  0.111, 0.311, 1.80.
10 See 47 C.F.R.  1.1914.