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

In the Matter of                   )      File Number EB-02-TP-644
AT&T Wireless Services of          )    NAL/Acct. No. 200432700014
Florida, Inc.                      )
Owner of Antenna Structure         )              FRN 0001-5809-43
Registration Number 1030401 in     )
Starke, Florida
Washington, D.C.

                                   Released:  March 15, 2004 

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find AT&T Wireless Services of 
Florida, Inc., (AT&T Wireless) owner of antenna structure 
#1030401 in Starke, Florida, 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 
that AT&T Wireless is apparently liable for failing to 
exhibit medium intensity obstruction lighting on structure 

                         II.  BACKGROUND

     2.   On July 23, 2003, the FCC Enforcement Bureau's 
Tampa Field Office (``Tampa Office'') received a complaint 
about an unlit and unpainted antenna structure located in 
Starke, Florida with Antenna Structure Registration 
(``ASR'') #1030401 The Commission's ASR database showed AT&T 
Wireless as the owner and specifies that the structure be 
lit with a dual lighting system.

     3.  On  October 9, 2003,  agents from the  Tampa Office 
observed during  daylight hours  that structure  1030401 was 
not  illuminated  per  its assigned  painting  and  lighting 
specifications in  that no  white medium  intensity lighting 
was exhibited  or installed on the  structure.  Although the 
structure had paint,  the paint was faded  resulting in poor 
visibility of the structure.

     4.  On October 10, 2003, an agent from the Tampa Office 
contacted the Federal  Aviation Administration (``FAA'') and 
determined no  report of  a light outage  had been  made for 
this structure.  The agent reported the outage to the FAA.

     5.  On  October 14, 2003  the FCC agents made  a second 
     observation during daylight hours and 
noted  that structure  1030401 was  not illuminated  per its 
assigned  painting and  lighting specifications  in that  no 
white medium  intensity lighting was exhibited  or installed 
on the structure.

     6.  On  January 30,  2004, the  Tampa Office  issued to 
AT&T Wireless  a Letter  of Inquiry concerning  the painting 
and lighting  of this  antenna structure.  The  Tampa Office 
received  AT&T Wireless'  written response  on February  20, 
2004.   In its  response, AT&T  Wireless stated  it acquired 
structure #  1030401 on  July 31,  2003 from  Florida RSA#8, 
LLC,  a subsidiary  of  United  States Cellular  Corporation 
(``USCC'').  AT&T  Wireless also stated that  the structure, 
constructed in  1987, was originally required  to be painted 
and exhibit  red lighting at  night; and that on  August 11, 
2000, the  FAA issued a  Determination of No Hazard  to USCC 
that  allowed USCC  to use  dual lighting  (medium intensity 
white strobes during daytime,  red lighting at night).  AT&T 
Wireless stated that USCC filed  an application with the FCC 
on August 30,  2000, to modify the ASR for  the structure to 
use the dual lighting system; and that this was the lighting 
requirement for  the structure  on July  31, 2003  when AT&T 
Wireless acquired  the structure  from USCC.   AT&T Wireless 
stated it  conducted a quarterly  audit of the  structure on 
October 27,  2003, and learned that  the structure exhibited 
lights  at nighttime  only,  and also  determined that  "the 
tower had  to be  repainted or it  had to  request authority 
from the FAA to use dual lighting."  AT&T Wireless stated it 
subsequently discovered  that the previous owner,  USCC, had 
received authority from  the FAA to install  a dual lighting 
system and had already modified  the structure's ASR for the 
new  lighting requirements.   AT&T Wireless  stated it  then 
obtained  quotes and  ordered the  dual lighting  equipment, 
which was installed on January 20, 2004.

                      III.  DISCUSSION

     6.   Section 17.51(b) requires that all high intensity 
and medium intensity obstruction lighting should be 
exhibited continuously unless otherwise specified.  On 
October 9, 2003, October 14, 2003, and until January 20, 
2004, AT&T Wireless failed to exhibit medium intensity 
obstruction lighting on structure 1030401 in accordance with 
its registration requirements.
     7.    Based on the evidence before us, we find AT&T 
Wireless willfully2 and repeatedly3 violated Section 
17.51(b) of the Rules by failing to exhibit tower lights on 
structure 1030401.

     8.   Pursuant to Section 1.80(b) (4) of the Rules,4 the 
base forfeiture  amount for  failure to  exhibit obstruction 
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.5   Considering the  entire 
record  and applying  the  factors listed  above, this  case 
warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     9.   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 AT&T Wireless is hereby NOTIFIED of this 
thousand dollars ($10,000) for willful and repeated 
violation of Section 17.51(b) of the Rules by failing to 
exhibit tower lights on structure 1030401.

     10.   IT IS FURTHER ORDERED THAT, pursuant to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, AT&T Wireless 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. 20554.8
     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-
Spectrum Enforcement 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 submitted.

     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  Spectrum 
Enforcement  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 AT&T Wireless Services of Florida, 
Inc., 1150 Connecticut Avenue, NW, 4th Floor, Washington, DC 


                         Ralph M. Barlow
                         Tampa Office, Enforcement Bureau


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

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 

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.  312(f)(2).

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.