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

In the Matter of                   )     File Number EB-02-KC-504
Pinnacle Towers Inc.               )    NAL/Acct. No.200232560020
Owner of Antenna Structure         )
#1053157 in Des Moines, Iowa       )             FRN 0006-1561-11
Sarasota, Florida                  )


                                          Released: July 22, 2002

By the Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find Pinnacle Towers Inc. (``Pinnacle''), owner  of 
antenna structure #1053157, apparently liable for a forfeiture in 
the amount of twenty thousand  dollars ($20,000) for willful  and 
repeated violation  of Section  17.50 of  the Commission's  Rules 
(``Rules'').1   Specifically,  we   find  Pinnacle  Towers   Inc. 
apparently liable for  failure to clean  and repaint its  antenna 
structure to maintain good visibility.

                         II.  BACKGROUND

     2.   On June 24, 2002, an  agent of the Commission's  Kansas 
City  Field   Office  inspected   Pinnacle's  antenna   structure 
registration number 1053157 located in Des Moines, Iowa.  At  the 
time of inspection, black cabling attached to the outside of  the 
lower half to  two-thirds of  the structure  covered the  painted 
metal tower reducing visibility of the structure.

                        III.  DISCUSSION

     3.   Antenna  structure  registration  #1053157,  owned  and 
registered to Pinnacle, 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 structures  requiring 
painting be cleaned  or repainted as  necessary to maintain  good 
visibility.  The  antenna  structure  owner  is  responsible  for 
maintaining  the  structure's  painting.2   On  June  24,   2002, 
Pinnacle's antenna structure  #1053157 had black  cabling on  the 
tower face obscuring the orange  and white paint and causing  the 
structure to have an overall dark appearance on the lower half to 
two-thirds of the structure.

     4.   Pinnacle has  a  history  of  non-compliance  with  the 
Commission's antenna  structure  painting requirements  on  other 
Pinnacle-owned antenna  structures.   The  Commission  issued  to 
Pinnacle three  Notices  of  Violation  (``NOV'')  for  violating 
antenna structure painting requirements on other Pinnacle antenna 
structures on January 11, 2001,  February 1, 2001, and March  16, 
2001.  All three NOVs were issued for violation of Section  17.50 
of the Rules  due to  cabling attached to  the antenna  structure 
that obscured the structure's required obstruction markings.

     5.   Based on  the  evidence  before us,  we  find  Pinnacle 
willfully3 and repeatedly4 violated Section 17.50 of the Rules by 
failing to repaint the antenna  structure in accordance with  the 
painting  specifications   associated  with   antenna   structure 
registration #1053157.

     6.   Pursuant to Section 1.80(b)(4) of the Rules,5 the  base 
forfeiture amount for failure to comply with prescribed  lighting 
and marking  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, including  Pinnacle's 
history of similar  violations, and applying  the factors  listed 
above, an increase  in the base  forfeiture amount is  warranted.  
Therefore, this case warrants a forfeiture of $20,000.

                      IV.  ORDERING CLAUSES

     7.   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 Pinnacle Towers Inc. is hereby NOTIFIED of this  APPARENT 
LIABILITY FOR  A  FORFEITURE in  the  amount of  twenty  thousand 
dollars ($20,000) for willful  and repeated violation of  Section 
17.50 of the Rules  by failing to clean  and repaint its  antenna 
structure to maintain good visibility.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Pinnacle Towers Inc. SHALL  PAY the full  amount of the  proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

     9.   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

     10.  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.  

     11.  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 

     12.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to  Pinnacle  Towers  Inc.,  301  N.  Cattlemen  Rd,  3rd  Floor, 
Sarasota, Florida  34232.   



                         Robert C. McKinney
                         Kansas City  Office, Enforcement Bureau

1 47 C.F.R.  17.50.

2 See 47 C.F.R.  17.6(a).

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.