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

In the Matter of                   )      File Number EB-02-AT-415
Business Cell Systems              )     NAL/Acct. No.200332480015
Owner of Antenna Structure         )
#1216842 in Tellico Plains,        )              FRN 0005-8658-60
Tennessee                          )
Athens, Tennessee


                                  Released: January 23, 2003

By the Enforcement Bureau, Atlanta Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture   (``NAL''),  we   find  Business   Cell  Systems 
(``Business  Cell''), owner  of antenna  structure #1216842, 
apparently  liable for  a forfeiture  in the  amount of  ten 
thousand   dollars  ($10,000)   for  willful   and  repeated 
violation  of Section  17.51(b)  of  the Commission's  Rules 
(``Rules'').1  Specifically,  we find Business  Cell Systems 
apparently liable  for failure  to continuously  exhibit all 
medium intensity obstruction lighting during daytime hours.

                         II.  BACKGROUND

     2.   On November 19 and 21, 2002, the antenna structure 
associated with FCC antenna structure registration (``ASR'') 
#1216842  and located  near Tellico  Plains, Tennessee,  was 
inspected  by an  agent  of the  Commission's Atlanta  Field 
Office  (``Atlanta Office'').   At the  time of  inspection, 
9:30 a.m.  on November 19,  2002, and 2:30 p.m.  on November 
21, 2002,  the unpainted structure had  no white obstruction 
lighting in operation.

     3.   On  November 21,  2002,  an agent  of the  Atlanta 
Office  determined from  the  Commission  ASR database  that 
antenna structure  #1216842 was registered to  Business Cell 
and that the registration  included requirements to maintain 
medium  intensity obstruction  lighting  during daytime  and 
nighttime  hours.   The  FCC agent  telephoned  the  nearest 
Flight   Service    Station   of   the    Federal   Aviation 
Administration  (``FAA''),   which  verified  that   it  had 
received  no  report of  a  light  outage for  this  antenna 

     4.   On  December 4,  2002,  the agent  of the  Atlanta 
Office contacted Business Cell  via telephone. Business Cell 
is  the current  owner of  the antenna  structure.  Business 
Cell's representative  indicated that  they were  unaware of 
the outage.  Upon notification by the FCC, the structure was 
inspected by  Business Cell to confirm  the lighting outage.  
The  outage was  caused by  a  burnt relay  in the  lighting 
control circuitry, which also  prevented an alarm from being 
sent to notify the alarm center of the outage.

                      III.  DISCUSSION

     5.   Section 17.51(b)  of the  Rules requires  that all 
medium   intensity   obstruction   lighting   be   exhibited 
continuously  unless otherwise  specified.  Business  Cell's 
antenna  structure #1216842  is required  to exhibit  medium 
intensity obstruction lighting during  daylight hours and at 
night.  At  the times of  inspection on November 19  and 21, 
2002, no medium intensity  obstruction lighting was observed 
operating  on Business  Cell's  antenna structure  #1216842.  
Business Cell had not notified the FAA of the light outage.2

     6.   Based on the evidence  before us, we find Business 
Cell willfully3 and repeatedly4 violated Section 17.51(b) of 
the  Rules   by  failing  to  continuously   exhibit  medium 
intensity obstruction lighting during daylight hours.

     7.   Pursuant to Section 1.80(b)(4)  of the Rules,5 the 
base forfeiture amount for failure to comply with prescribed 
antenna  structure lighting  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 and  applying  the  factors 
listed above, this case warrants a forfeiture of $10,000.

                      IV.  ORDERING CLAUSES

     8.   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 Business Cell Systems is hereby NOTIFIED 
ten  thousand dollars  ($10,000)  for  willful and  repeated 
violation of  Section 17.51(b)  of the  Rules by  failing to 
continuously exhibit  medium intensity  obstruction lighting 
during daylight hours.

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

     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. 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

     11.  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.  

     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 

     13.  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.

     14.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested to Business Cell  Systems, P. O. Box 1374, 
Athens, TN 37371.


                         Fred L. Broce
                         District Director
                         Atlanta Office, Enforcement Bureau

1 47 C.F.R.  17.51(b).

2 The owner of any registered antenna structure must report 
immediately to the nearest flight service station of the FAA 
any observed or otherwise known extinquishment or improper 
functioning of any flashing obstruction light not corrected 
within 30 minutes.  See 47 C.F.R.  17.48(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 

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.  312(f)(2).

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.