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



In the Matter of                )       
                                )       
                                )       File No. EB-00-DT-358
Detroit SMSA Limited Partnership)       
Dallas, Texas                   )       NAL/Acct.             No. 

200132360001
                                )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released: January 
18, 2001
By the District Director, Detroit Office, Enforcement Bureau:

                        I.  Introduction

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we  find  that  Detroit  SMSA  Limited  Partnership  has 
apparently violated Section 303(q)  of the Communications Act  of 
1934 (``Act'') as amended,1 and Section 17.23 of the Commission's 
Rules2 (the  ``Rules'')  for  failure to  have  medium  intensity 
lighting installed  on their  antenna  tower.  We  conclude  that 
Detroit SMSA  Limited  Partnership  is apparently  liable  for  a 
forfeiture in the amount of ten thousand dollars ($10,000).

                         II.  Background

     2.   The Commission's antenna  structure painting,  lighting 
and registration requirements operate in concert with the Federal 
Aviation Administration's  (``FAA'') regulations  to insure  that 
antenna structures  do not  present  hazards to  air  navigation.  
Generally, antenna towers  located close to  airports or  greater 
than 200 feet in  height require painting,  lighting, or both  to 
insure air safety. 

     3.   Detroit SMSA  Limited Partnership  is  the owner  of  a 

tower at 20175  McKernan Road  in Chelsea,  Michigan (located  at 

north latitude  42  17' 33'',  west  longitude 084  01'  55''), 

antenna structure registration number 1014707.  The tower exceeds 

200  feet  in  height,  and  must  therefore  be  illuminated  in 

accordance with  Section 17.23  of the  Rules.  Furthermore,  FCC 

Form 854R,  Antenna  Structure Registration  indicated  that  the 

lighting was  to  comply  with  FAA Chapters  4,  8,  13  and  in 

accordance with FAA  Circular Number  70/7460-IH.  This  circular 

requires that the tower have medium intensity lighting during the 

daytime and red flashing lighting during the nighttime.
 
     4.   On June 1,  2000, at approximately  12:55 p.m., an  FCC 

agent from the  Detroit Office  conducted an  inspection of  this 

tower.  The inspection was conducted as a result of a project  to 

determine overall  compliance  of  antenna towers  with  the  FCC 

painting/lighting requirements  and antenna  tower  registration.  

During this  inspection, the  antenna  tower number  posting  was 

observed.  It  was  also observed  that  no daytime  lights  were 

operating.  On June 6, 2000 and June 8, 2000, the tower was again 

observed during  the daytime  with no  medium intensity  lighting 

operating. 

     5.   On July  25,  2000,  the District  Director  issued  an 

Official Notice of  Violation (``NOV'') to  Detroit SMSA  Limited 

Partnership, 2000 West Ameritech  Center Drive, Hoffman  Estates, 

Illinois  60195-5000,  for  failure  to  have  medium   intensity 

lighting during the daytime.  A  response was received on  August 

21, 2000 from Carol L. Tacker, Vice President and General Counsel 

for SBC Wireless, Dallas, Texas.  The response indicated that the 

tower did not previously have medium intensity lighting installed 

on it but it was installed on August 14, 2000.


                        III.  Discussion

     6.   Section 303(q)  of the  Act  requires tower  owners  to 

maintain  the  painting  and/or  illumination  of  the  tower  as 

prescribed  by  the  Commission.   Section  17.23  of  the  Rules 

required the antenna structure to conform with the FAA's painting 

and lighting recommendations.  FCC  Form 854R, Antenna  Structure 

Registration, required the antenna tower in Chelsea, Michigan  to 

have dual lighting - medium intensity lighting during the daytime 

and red flashing lighting during the nighttime.

     7.   Based on the evidence before  us, we find that  Detroit 

SMSA Limited  Partnership  willfully3  and  repeatedly4  violated 

Section 303(q) of the Act  and Section 17.23 of the  Commission's 

Rules by  its failure  to  light the  antenna tower  with  medium 

intensity  lighting   during  the   daytime.   The   Commission's 

Forfeiture Policy Statement and Amendment of Section 1.80 of  the 

Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 

17113 (1997),  recon.  denied,  15 FCC  Rcd  303(1999)  (``Policy 

Statement''), sets  the base  forfeiture amount  at ten  thousand 

dollars ($10,000)  for  prescribed lighting.   In  assessing  the 

monetary  forfeiture  amount,  we  must  take  into  account  the 

statutory factors set forth in Section 503(b)(2)(D) of the  Act,5 

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.  Applying the  Policy 

Statement and  the  statutory factors  to  the instant  case,  we 

believe that a ten thousand dollar ($10,000) monetary  forfeiture 

is warranted  because although  the record  reveals that  Detroit 

SMSA Limited Partnership has an overall history of compliance and 

showed good  faith surrounding  the violations  by the  voluntary 

disclosure  of  information,  the  violation  is  egregious   and 

repeated. 

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 

503(b) of  the Act  and Sections  0.111, 0.311  and 1.80  of  the 

Rules6, Detroit SMSA  Limited Partnership is  hereby NOTIFIED  of 

this APPARENT LIABILITY  FOR A  FORFEITURE in the  amount of  ten 

thousand dollars ($10,000) for willfully and repeatedly violating 

Section 303(q) of the Act  and Section 17.23 of the  Commission's 

Rules.

     9.   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,   Detroit  SMSA   Limited 

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. 200132360001. 

     11.  The  response,  if  any,  must  be  mailed  to  Federal 

Communications  Commission,  Enforcement  Bureau,  Technical  and 

Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 

20554 and MUST INCLUDE THE NAL/Acct. No. 200132360001. 

     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 

submitted.

     13.  Requests for payment of the full amount of this  Notice 

of Apparent Liability  under an installment  plan should be  sent 

to: Chief, Credit  and Debt Management  Center, 445 12th  Street, 

S.W., Washington, D.C. 20554.7

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 

APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 

Requested to  Detroit  SMSA Limited  Partnership,  17330  Preston 

Road, Suite 100A, Dallas, Texas 75252.


                                FEDERAL            COMMUNICATIONS 

COMMISSION




                                James A. Bridgewater
                                District Director
                                Detroit Office

_________________________

1 47 U.S.C.  303(q).

2 47 C.F.R.  17.23.
3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies 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 (1991).

4 Section 312(f)(2), which also applies to Section 503(b), 
provides: [t]he 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.

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

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

7 See 47 C.F.R.  1.1914.