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

In the Matter of                )       File No. EB-01-PA-331
Morgan Tower Inc.               )       NAL/Acct.             No.  
Cinnaminson, New Jersey         )       
                                )       FRN #. 0006-3665-04


                                        Released:  June 19, 2002
By the District Director, Philadelphia Office, Enforcement 

                        I.   INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture 
          (``NAL''), we find that Morgan Tower Inc. (``Morgan'') 
          has apparently violated Section 17.21(a) of the 
          Commission's Rules (``the ``Rules'')1 by failing to 
          paint and light an antenna structure.  We conclude that 
          Morgan is apparently liable for a forfeiture in the 
          amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On November  29, 2001,  Agent Trenton  Williams of  the 
Philadelphia  Office  performed  a  routine  inspection  of,  the 
antenna  structure,  Antenna  Structure  Registration   (``ASR'') 
number 1060096,  located on  the  roof of  the building  at  7200 
Stenton Avenue  in Philadelphia.   Mr.  Williams noted  that  the 
antenna structure was not painted or lighted as required.

     3.   On January 10, 2002,  the Philadelphia Office issued  a 
       Notice  of Violation  (``NOV'')  to Mr.  Leonard  Stevens, 
       d.b.a.  Morgan  Tower   Inc.  for  violation  of   Section 
       17.21(a) of the Rules.  Morgan was given thirty (30)  days 
       from the  date of the notice in  which to respond with  an 
       explanation of  what steps had been  taken to correct  the 
       deficiencies  and a  timetable for  completing  corrective 

     4.   By letter  dated January  28, 2001,  Joseph Maloney  of 
       Tower Economics Company, Inc. submitted a response to  the 
       Philadelphia  Office on  behalf  of Morgan.   Mr.  Maloney 
       acknowledged  receipt  of the  NOV  sent  to  Morgan,  and 
       stated that  the FAA authorized a  waiver of the  painting 
       and lighting requirements, however Mr. Maloney was  unable 
       to provide  evidence that such a  waiver was granted.   To 
       date,  the  Philadelphia  Office  has  not  received   any 
       evidence that the waiver was ever granted.

                        III.  DISCUSSION

     5.   Section 17.21(a) of  the Rules  specifies that  antenna 
       structures shall be  painted and lighted when they  exceed 
       60.96 meters  (200 feet)  in height above  ground or  they 
       require special aeronautical study.
Agent Williams has determined, based on information contained  in 
the  FCC  database  for  Antenna  Structure  Registration  number 
1060096, that the overall height above ground of Morgan's antenna 
structure is 88.3 meters (289.7 feet).

     6.   Based on the  evidence before us,  we find that  Morgan 
       Tower  Inc. has  willfully2 violated  Section 17.21(a)  of 
       the Rules.   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)  (``Forfeiture 
       Policy Statement'')3, sets  the base forfeiture amount  at 
       ten thousand dollars ($10,000) for failure to comply  with 
       prescribed  lighting   and  marking  specifications.    In 
       assessing  the monetary  forfeiture amount,  we must  take 
       into account  the statutory factors  set forth in  Section 
       503(b)(2)(D)   of   the  Communications   Act   of   19344 
       (``Act''),   as  amended,   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 
       Forfeiture Policy Statement  and the statutory factors  to 
       the instant  case, we believe that  a ten thousand  dollar 
       ($10,000) monetary forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
       503(b) of the Act,  and Sections 0.111, 0.311 and 1.80  of 
       the Rules,5  Morgan Tower Inc. is  hereby NOTIFIED of  its 
       APPARENT LIABILITY FOR  A FORFEITURE in the amount of  ten 
       thousand   dollars  ($10,000)   for  willfully   violating 
       Section 17.21(a) of the Rules.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
       the Rules, within thirty days of the release date of  this 
       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. 200232400004 and FRN # 0006-3665-04.

     10.  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. 

     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 submitted.

     12.  Requests for payment of the full amount of this  Notice 
       of Apparent  Liability under and  installment plan  should 
       be  sent to:  Chief,  Revenue and  receivables  Operations 
       Group, 445 12th Street, S.W., Washington, D.C. 20554.6

     13.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
       APPARENT  LIABILITY  shall  be  sent  by  Certified  Mail, 
       Return Receipt Requested,  to Morgan Tower Inc. 700  Route 
       130 N. Suite. 204, Cinnaminson, New Jersey 08077.

                                   FEDERAL         COMMUNICATIONS 

                                   John E. Rahtes
                                   District Director
                                   Philadelphia Office


1  47 C.F.R.  17.21(a).
2  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).

3  47 C.F.R.  1.80.
  47 U.S.C.  503(b).

5  47 C.F.R.  0.111, 0.311, and 1.80.

6  See 47 C.F.R.  1.1914