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

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-
Midwest Tower Partners, LLC        )          
NAL/Acct. No.200232560007
Owner of Antenna Structure 1045073 )
FRN Number: 0006-1628-53
Milwaukee, WI                 )                             


                                        leased:    June   4, 
By the Enforcement Bureau, Kansas City Office

                    I.   INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture,  we  find  that   Midwest  Tower  Partners,  LLC 
(``Midwest'')  willfully  violated   Section  17.50  of  the 
Commission's  Rules  (``Rules'')1  by failing  to  clean  or 
repaint  the  antenna structure  as  often  as necessary  to 
maintain good  visibility.  We  conclude that  Midwest Tower 
Partners, LLC is  apparently liable for a  forfeiture in the 
amount of ten thousand dollars ($10,000).

                    II.  BACKGROUND

     2.   On May  1, 2002, an  agent of the  FCC Enforcement 
Bureau's  Kansas  City  Field  Office  inspected  a  Midwest 
antenna structure  with registration number  1045073 located 
at 41 42' 20'' N latitude & 091 28' 08'' W longitude, 1.24 
miles east of  Iowa City, Iowa.  Both the FCC  Rules and the 
FAA specifications for this structure required the structure 
to be  painted.  The agent observed  the antenna structure's 
black,  unpainted coaxial  cable on  all three  legs of  the 
structure over its entire length, obscuring the paint.

                    III. DISCUSSION

     3.   Section   17.50 of the Rules  states that antenna 
structures  requiring  painting  under this  part  shall  be 
cleaned or  painted as often  as necessary to  maintain good 
visibility.  Section 17.2(a) of  the Rules provides that the 
term ``Antenna  structure'' includes ``the  radiating and/or 
receive   system,   its   supporting  structures   and   any 
appurtenances mounted  thereon.''2  On May 1,  2002, Midwest 
failed to maintain good  visibility of its antenna structure 
number 104573 located near Iowa City, Iowa.  Even though the 
metallic supporting  structure of the antenna  structure was 
painted, the  unpainted, black coaxial cable  mounted on the 
outside of the supporting  structure obscured the visibility 
of the paint.
     4.   Based on the evidence before  us, we find that, on 
May 1, 2002, Midwest Tower Partners, LLC willfully3 violated 
Section 17.50 of the Commission's Rules.

     5.   Pursuant to Section 1.80(b)(4) of the Commission's 
Rules, the base forfeiture amount for failure to comply with 
prescribed marking is $10,000.4  Section 503(b)(2)(D) of the 
Communications Act  of 1934, as amended  (``Act''), requires 
us  to take  into account   ``...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  statutory  factors listed  above,  this  case 
warrants a $10,000 forfeiture. 

                    IV.  ORDERING CLAUSES

     6.   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 Commission's Rules,7 Midwest Tower Partners, LLC 
is  hereby   NOTIFIED  of  its  APPARENT   LIABILITY  FOR  A 
FORFEITURE in  the amount of ten  thousand dollars ($10,000) 
for willful violation of Section 17.50 of the Rules.

     7.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of  the Commission's Rules,  within thirty days  of the 
release date  of this NOTICE OF  APPARENT LIABILITY, Midwest 
Tower  Partners,  LLC, SHALL  PAY  the  full amount  of  the 
proposed  forfeiture  or  SHALL  FILE  a  written  statement 
seeking   reduction   or   cancellation  of   the   proposed 

     8.   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  MUST INCLUDE the FCC  Registration Number (FRN) 
referenced  above,   and  should  note  the   NAL/Acct.  No. 
referenced above.                      

     9.   The response,  if any,  must be mailed  to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street,  S.W.,  Washington,  D.C. 20554,  ATTN:  Enforcement 
Bureau  -  Technical  &  Public Safety  Division,  and  MUST 
INCLUDE  the FRN  and the  NAL/Acct. No.  referenced in  the 
letterhead above. 

     10.  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 

     11.  Requests for  payment of  the full amount  of this 
Notice  of  Apparent  Liability under  an  installment  plan 
should be sent to: Federal Communications Commission, Chief, 
Revenue and  Receivables Operation  Group, 445  12th Street, 
S.W., Washington, D.C. 20554.8  

     12.  IT IS FURTHER  ORDERED THAT a copy  of this NOTICE 
OF APPARENT LIABILITY shall be sent by Certified Mail Return 
Receipt Requested to Midwest Tower Partners, LLC at 12323 W. 
Fairview Ave. Milwaukee, Wisconsin 53226.


                         Robert C. McKinney
                         District Director
                         Kansas City Office


1 47 C.F.R.  17.50 
2 47 C.F.R.  17.2(a)
3 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 
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.