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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
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 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.
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
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
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-
FEDERAL COMMUNICATIONS COMMISSION
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.