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

In the Matter of                   )      File Number EB-02-AT-397
Crown Castle GT Company LLC        )     NAL/Acct. No.200332480020
Owner of Antenna Structure         )
#1037111 in Blountville,           )              FRN 0005-7936-82
Tennessee                          )
Canonsburg, Pennsylvania


                                    Released: March 13, 2003

By the Enforcement Bureau, Atlanta Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''),  we find  Crown Castle GT  Company LLC 
(``Crown  Castle''), owner  of  antenna structure  #1037111, 
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 Crown Castle apparently 
liable for failure to  exhibit required obstruction lighting 
during daytime hours.

                         II.  BACKGROUND

     2.   On October 29 and  30, 2002, the antenna structure 
associated with FCC antenna structure registration (``ASR'') 
#1037111  and  located   near  Blountville,  Tennessee,  was 
inspected  by an  agent  of the  Commission's Atlanta  Field 
Office   (``Atlanta  Office'').    At  the   time  of   each 
inspection, 1:30  p.m. on  July 29, 2002,  and 3:30  p.m. on 
July 30,  2002, the  unpainted structure had  no obstruction 
lighting in operation.

     3.   On  October  30, 2002,  an  agent  of the  Atlanta 
Office  determined from  the  Commission  ASR database  that 
antenna structure  #1037111 was  registered to  Crown Castle 
and that the registration  included requirements to maintain 
medium intensity obstruction  lighting during daytime hours.  
The  agent  telephoned  Crown  Castle's  network  operations 
center and reached an agent who checked on the light outage. 
The  Crown Castle  agent  reported that  there  had been  no 
alarms or lighting outages  reported for the structure.  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 structure.

     4.   On  October 30,  2002, a  Crown Castle  supervisor 
contacted  the agent  of the  Atlanta Office  via telephone.  
According  to  the  supervisor, the  structure  lighting  is 
monitored by an automatic  alarm system, which had indicated 
no  alarms; however,  a technician  was being  dispatched to 
repair the structure lighting and  a light outage report had 
also been filed with the FAA.

     5.   On October  31, 2002, the Crown  Castle supervisor 
reported  to the  Atlanta Office  agent that  the technician 
sent to the structure for  repairs of the lighting had noted 
that  the   lights  were  operating  in   reduced  nighttime 
intensity at the  time of his visit during  the daytime, and 
that he  had re-positioned  the lighting photocell  to force 
the lights into the daytime intensity mode. 

                      III.  DISCUSSION

     6.   Section 17.51(b)  of the  Rules requires  that all 
medium   intensity   obstruction   lighting   be   exhibited 
continuously  unless  otherwise specified.   Crown  Castle's 
antenna  structure #1037111  is required  to exhibit  medium 
intensity  obstruction lighting  during daylight  hours.  At 
the times of inspection during  daylight hours on October 29 
and 30, 2002, no obstruction  lighting was observed on Crown 
Castle's antenna  structure #1037111.  Crown Castle  had not 
notified the FAA of the light outage.2

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

     8.   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

     9.   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 Crown  Castle GT Company LLC  is hereby 
amount  of 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.

     10.  IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL,  Crown Castle  GT Company LLC  SHALL PAY  the full 
amount of  the proposed forfeiture  or SHALL FILE  a written 
statement seeking reduction or  cancellation of the proposed 

     11.  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

     12.  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.  

     13.  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 

     14.  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.

     15.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt  Requested  to Crown  Castle  GT  Company LLC,  2000 
Corporate Drive, Canonsburg, PA 15317.


                         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.