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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Numbers EB-02-AT-313,
Verizon Wireless )
Owner of Antenna Structures ) NAL/Acct. No.200332480008
#1042025 in Baileytown, Tennessee )
and #1042026 in Greeneville, ) FRN 0003-2906-73
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: November 5, 2002
By the Enforcement Bureau, Atlanta Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Verizon Wireless (``Verizon''), owner of
antenna structures #1042025 and #1042026, apparently liable for a
forfeiture in the amount of six thousand dollars ($6,000) for
willful and repeated violation of Section 17.57 of the
Commission's Rules (``Rules'').1 Specifically, we find Verizon
Wireless apparently liable for failure to notify the Commission
of a change in ownership of two of its antenna structures.
2. On July 31, 2002, an agent of the Commission's Atlanta
Field Office (``Atlanta Office'') inspected the antenna structure
associated with FCC antenna structure registration (``ASR'')
#1042025, located in Baileytown, Tennessee. ASR #1042025 was
posted at the structure site. Also on July 31, 2002, the agent
inspected the antenna structure associated with FCC ASR #1042026,
located in Greeneville, Tennessee. ASR #1042026 was posted at
the structure site. The agent determined from the Commission's
ASR database that antenna structures #1042025 and #1042026 were
registered to ACC Tennessee License LLC. The agent telephoned
the listed contact person for ACC Tennessee License LLC, Gina
Zeeburg, who stated that both antenna structures had been sold to
Verizon Wireless on February 8, 2002.
3. On September 4, 2002, an agent of the Atlanta Office
contacted Verizon Wireless in Atlanta, Georgia, Ms. Carol King,
who stated that Verizon had purchased the two antenna structures
and was the current owner.
4. Section 17.57 of the Rules requires the owner of an
antenna structure for which an antenna structure registration
number has been obtained to immediately notify the Commission
using FCC Form 854 upon any change in ownership. Antenna
structures #1042025 and #1042026 were registered antenna
structures and had obtained ASR numbers. Verizon acquired
ownership of these two towers on February 8, 2002, yet, as of
July 31, 2002, Verizon had failed to notify the Commission of the
change in ownership.
5. Based on the evidence before us, we find Verizon
willfully2 and repeatedly3 violated Section 17.57 of the Rules by
failing to report changes in antenna structure ownership.
6. Pursuant to Section 1.80(b)(4) of the Rules,4 the base
forfeiture amount for failure to file required forms or
information (e.g., failure to notify the Commission of a change
in ownership information) is $3,000 for each violation. 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 Verizon failed to
update ownership information on two of its antenna structures.
Considering the entire record and applying the factors listed
above, this case warrants a forfeiture of $6,000.
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 Verizon Wireless is hereby NOTIFIED of this APPARENT
LIABILITY FOR A FORFEITURE in the amount of six thousand dollars
($6,000) for willful and repeated violation of Section 17.57 of
the Rules by failing to notify the Commission of a change in
ownership of two of its antenna structures.
8. 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 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. Under the Small Business Paperwork Relief Act of 2002,
Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is
engaged in a two-year tracking process regarding the size of
entities involved in forfeitures. If you qualify as a small
entity and if you wish to be treated as a small entity for
tracking purposes, please so certify to us within thirty (30)
days of this NAL, either in your response to the NAL or in a
separate filing to be sent to the Technical & Public Safety
Division. Your certification should indicate whether you,
including your parent entity and its subsidiaries, meet one of
the definitions set forth in the list provided by the FCC's
Office of Communications Business Opportunities (OCBO) set forth
in Attachment A of this Notice of Apparent Liability. This
information will be used for tracking purposes only. Your
response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to Section
503(b) of the Communications Act. If you have questions
regarding any of the information contained in Attachment A,
please contact OCBO at (202) 418-0990.
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, One Verizon Place, Alpharetta, Georgia
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
Atlanta Office, Enforcement Bureau
1 47 C.F.R. § 17.57.
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 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. §
4 47 C.F.R. § 1.80(b)(4).
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.