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

In the Matter of                   )     File Number EB-02-KC-505
Qwest Corporation                  )    NAL/Acct. No.200232560021
Owner of Antenna Structure         )
#1038666 near Winterset, Iowa      )             FRN 0001-6169-29
Littleton, Colorado                )


                                          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  Qwest  Corporation  (``Qwest''),  owner  of 
antenna structure #1038666, apparently liable for a forfeiture in 
the amount of two thousand dollars ($2,000) for willful violation 
of  Section  17.4(g)  of  the  Commission's  Rules  (``Rules'').1  
Specifically, we  find Qwest  Corporation apparently  liable  for 
failure  to  post  the  registration  number  for  this   antenna 

                         II.  BACKGROUND

     2.   On June 25, 2002, the antenna structure associated with 
FCC registration number 1038666 and located near Winterset,  Iowa 
was inspected by an agent  of the Commission's Kansas City  Field 
Office (``Kansas City  Office''). At the  time of inspection  the 
registration number for the structure was not posted.

     3.   On July 2, 2002, Qwest  employees Jim Perry and  Belita 
Harpool were interviewed by  an agent of  the Kansas City  Office 
via telephone.   According to  Ms. Harpool,  she is  the  contact 
person Qwest  has  assigned to  handle  issues relating  to  this 
structure.  During  the interview  Ms.  Harpool stated  that  Mr. 
Perry was  in  charge  of  the antenna  site.   Also  during  the 
interview, Mr. Perry stated that,  to the best of his  knowledge, 
the registration number has never been posted at that site.

                        III.  DISCUSSION

     4.   Section  17.4(g)   requires   the   antenna   structure 
registration (``ASR'') number be displayed in a conspicuous place 
so that  it is  readily  visible near  the  base of  the  antenna 
structure.  On June  25, 2002, an  inspection of Quest's  antenna 
structure #1038666  found  no registration  number  posted.    An 
interview with Qwest employee, Jim Perry, indicated no number had 
ever been posted at the site.
     5.   Based  on  the  evidence  before  us,  we  find   Qwest 
willfully2 violated Section  17.4(g) of the  Rules by failing  to 
display the antenna structure registration number.

     6.   The Rules do not establish a base forfeiture amount for 
failure to post the antenna structure registration number.3   The 
Commission has  determined,  however, that  an  appropriate  base 
forfeiture amount for failure  to post the  ASR number is  $2,000 
per violation.4  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.5  Considering the entire record and applying the factors 
listed above, this case warrants a forfeiture of $2,000.

                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,6 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,7 Qwest  Corporation is  hereby NOTIFIED  of this  APPARENT 
LIABILITY FOR A FORFEITURE in the amount of two thousand  dollars 
($2,000) for willful violation of Section 17.4(g) of the Rules by 
failing to display the antenna structure registration number.
     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Qwest Corporation   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. 20554.8

     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 Qwest  Corporation,  700 W.  Mineral  Avenue, Room  CO  G1.24, 
Littleton, Colorado  80120.



                         Robert C. McKinney
                         Kansas City  Office, Enforcement Bureau

1 47 C.F.R.  17.4(g).

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 See The Commission's Forfeiture Policy Statement and Amendment 
of Section 1.80 of the Rules to Incorporate the Forfeiture 
Guidelines (``Forfeiture Policy Statement''), 12 FCC Rcd 17087 
(1997), recon. denied 15 FCC Rcd 303 (1999).  The Forfeiture 
Policy Statement states that ``... any omission of a specific 
rule violation from the ... [forfeiture guidelines] ... should 
not signal that the Commission considers any unlisted violation 
as nonexistent or unimportant.  Forfeiture Policy Statement, 12 
FCC Rcd at 17099.  The Commission retains the discretion, 
moreover, to depart from the Forfeiture Policy Statement and 
issue forfeitures on a case?by?case basis, under its general 
forfeiture authority contained in Section 503 of the Act.  Id.

4 American Tower Corporation, 16 FCC Rcd 1282 (2001).

5 47 U.S.C.  503(b)(2)(D).

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, 0.311, 1.80.

8 See 47 C.F.R.  1.1914.