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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-KC-500
VoiceStream PCS I License L.L.C. ) NAL/Acct. No.200232560017
Owner of Antenna Structure )
#1226514 near Davis City, Iowa ) FRN 0001-5651-34
Bellevue, Washington )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 24, 2002
By the Enforcement Bureau, Kansas City Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find VoiceStream PCS I License L.L.C.
(``VoiceStream''), owner of antenna structure #1226514,
apparently liable for a forfeiture in the amount of ten thousand
dollars ($10,000) for willful and repeated violation of Section
17.51(b) of the Commission's Rules (``Rules'').1 Specifically,
we find VoiceStream PCS I License L.L.C. apparently liable for
failure to continuously exhibit all high intensity and medium
intensity obstruction lighting.
2. On June 24, 2002, the antenna structure associated with
FCC antenna structure registration (``ASR'') #1226514 and located
near Davis City, Iowa, was inspected by an agent of the
Commission's Kansas City Field Office (``Kansas City Office'').
At the time of inspection, 11:50 a.m., the unpainted structure
had no medium or high intensity obstruction lighting in
3. On June 27, 2002, an agent of the Kansas City Office
determined from the Commission ASR database that antenna
structure #1226514 was registered to VoiceStream and that the
registration included requirements to maintain a dual lighting
system that included high and medium intensity obstruction
lighting during daylight operation. The agent telephoned the
listed contact person for VoiceStream, Dan Menser, who stated he
would check on the outage.
4. On July 2, 2002, VoiceStream's contact person, Dan
Menser, was interviewed by an agent of the Kansas City Office via
telephone. According to Mr. Menser, the photocell had become
damaged which caused the high and medium intensity obstruction
lighting to become inoperable and the red lights and beacon to
become operational during daylight hours. Mr. Menser stated
that no alarms occurred on the remote light monitoring system as
the system monitors the red lights and beacons only and those
lights remained in operation. The photocell was repaired on June
29, 2002. Mr. Menser stated that at no point was the Federal
Aviation Administration (``FAA'') notified of the outage, again
since the red lights and beacon remained in operation. Mr.
Menser followed up the interview with an email that included a
copy of VoiceStream's records pertaining to light observations
and outages. According to this log, visual observation of the
lighting on the structure, and the last log entry, occurred on
June 18, 2002 at 6:40 p.m. There were no entries documenting
the outage or the repairs made.
5. Section 17.51(b) of the Rules requires that all high
intensity and medium intensity obstruction lighting be exhibited
continuously unless otherwise specified. VoiceStream's antenna
structure #1226514 is required to exhibit high and medium
intensity obstruction lighting during daylight hours. At the
time of inspection on June 24, 2002, no high or medium intensity
obstruction lighting was observed on VoiceStream's antenna
structure #1226514. According to VoiceStream, the lighting was
not exhibited until June 29, 2002. VoiceStream did not notify
the FAA of the light outage.2
6. Based on the evidence before us, we find VoiceStream
willfully3 and repeatedly4 violated Section 17.51(b) of the Rules
by failing to continuously exhibit all high intensity and medium
intensity obstruction lighting.
7. 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 forfeiture of
IV. ORDERING CLAUSES
8. 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 VoiceStream PCS I License L.L.C. is hereby NOTIFIED of
this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten
thousand dollars ($10,000) for willful and repeated violation of
Section 17.51(b) of the Rules by failing to continuously exhibit
all high intensity and medium intensity obstruction lighting.
9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
VoiceStream PCS I License L.L.C. SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
10. 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
11. 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.
12. 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
13. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to VoiceStream PCS I License L.L.C., 12920 SE 38th Street,
Bellevue, Washington 98006.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
Kansas City Office, Enforcement Bureau
1 47 C.F.R. § 17.51(b).
2 The owner of any registered antenna structure must report
immediately to the nearest flight service station of the FAA any
observed or otherwise known extinquishment or improper
functioning of any flashing obstruction light not corrected
within 30 minutes. See 47 C.F.R. § 17.48.
3 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).
4 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. §
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.