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

In the Matter of                   )     File Number EB-02-KC-501
Verizon Wireless                   )    NAL/Acct. No.200232560018
d.b.a. Des Moines MSA General      )
Partnership                        )             FRN 0005-0054-91
Owner of Antenna Structure         )
#1001297 near Van Meter, Iowa
Alpharetta, Georgia

                                          Released: July 24, 2002

By the Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find Verizon Wireless d.b.a. Des Moines MSA General 
Partnership (``Verizon''), owner  of antenna structure  #1001297, 
apparently liable for a forfeiture in the amount of ten  thousand 
dollars ($10,000) for willful violation  of Section 17.50 of  the 
Commission's Rules (``Rules'').1   Specifically, we find  Verizon 
Wireless d.b.a.  Des Moines  MSA General  Partnership  apparently 
liable for failure to clean and repaint its antenna structure  to 
maintain good visibility.

                         II.  BACKGROUND

     2.   On June  25, 2002,  the antenna  structure bearing  FCC 
antenna  structure  registration  (``ASR'')  number  1001297  and 
located near Van  Meter, Iowa was  inspected by an  agent of  the 
Commission's Kansas City Field  Office (``Kansas City  Office''). 
At the time of  inspection, black cabling on  the outside of  the 
structure covered the painted metal tower reducing visibility  of 
the  structure.   The  Commission's  ASR  database  showed   this 
structure is owned and registered to Verizon.

     3.   On June 28, 2002,  Verizon contact person, Carol  King, 
stated during a telephone interview  with an agent of the  Kansas 
City Office that Verizon personnel  were aware of the cabling  on 
this tower  and  that they  had  contacted the  Federal  Aviation 
Administration  (``FAA'')  to  request  dual  lighting  on   this 
structure, but that no such authorization had been obtained.  Ms. 
King stated  that Verizon  would  be filing  a Notice  to  Airmen 
(``NOTAM'') with the  FAA concerning the  painting status of  the 

                        III.  DISCUSSION

     4.   Verizon's  antenna   structure  registration   #1001297 
specifies lighting and painting for this structure that  includes 
requirements that  the  structure  be  painted  with  alternating 
aviation orange  and white  bands.  Section  17.50 of  the  Rules 
requires  antenna  structure  owners  to  clean  or  repaint  the 
structure as necessary to maintain good visibility.  On June  25, 
2002, Verizon's antenna structure  #1001297 had black cabling  on 
the tower face  obscuring the structure's  paint and causing  the 
structure to have an overall dark appearance on the lower half to 
two-thirds of the structure.   As a result  of this cabling,  the 
structure was not clearly visible. 

     5.   Verizon  personnel  stated  that  they  had  begun  the 
process of obtaining FAA approval for a dual lighting system  due 
to the cabling on this  structure.  This process had begun  prior 
to the inspection.  However, no approval had been obtained at the 
time of the inspection and the structure had no strobed  lighting 
in operation at the time of inspection to increase its visibility 
to aircraft during daylight hours.

     6.   Based on  the  evidence  before  us,  we  find  Verizon 
willfully2 violated  Section 17.50  of the  Rules by  failing  to 
repaint the  antenna structure  in accordance  with the  painting 
specifications associated with its antenna structure #1001297.

     7.   Pursuant to Section 1.80(b)(4) of the Rules,3 the  base 
forfeiture amount  for  failure  to  repaint  this  structure  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.4  Considering 
the entire record  and applying  the factors  listed above,  this 
case warrants a forfeiture of $10,000.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,5 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,6  Verizon   Wireless  d.b.a.   Des  Moines   MSA   General 
Partnership is hereby NOTIFIED of  this APPARENT LIABILITY FOR  A 
FORFEITURE in the  amount of ten  thousand dollars ($10,000)  for 
willful violation of  Section 17.50  of the Rules  by failing  to 
clean  and  repaint  its  antenna  structure  to  maintain   good 

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Verizon Wireless d.b.a. Des Moines MSA General Partnership  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. 20554.7

     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 Verizon Wireless  d.b.a. Des Moines  MSA General  Partnership, 
One Verizon Place, Mail Code 3B1REG, Alpharetta, Georgia   30004-



                         Robert C. McKinney
                         Kansas City  Office, Enforcement Bureau

1 47 C.F.R.  17.50.

2 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).

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

4 47 U.S.C.  503(b)(2)(D).

5 47 U.S.C.  503(b).

6 47 C.F.R.  0.111, 0.311, 1.80.

7 See 47 C.F.R.  1.1914.