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

In the Matter of                   )
                                )       File No. EB-04-BF-013
Verizon                         )
Owner of Tower # 1007252        )       NAL/Acct.             No. 
Olean, New York                 )
                                )       FRN: 0003 46 9442


                                        Released: May 19, 2004

By the Resident Agent, Buffalo Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find  that Verizon has  apparently violated  Sections 
17.48, 17.49, 17.51,  and 17.57  of the  Commission's Rules  (the 
``Rules'')1.  These violations occurred by failure to immediately 
notify the nearest FAA Flight Service Station of a beacon outage, 
failure to  keep and  maintain accurate  logs/records of  antenna 
structure  lighting,  failure  to  exhibit  all  red  obstruction 
lighting from  sunset  to  sunrise, and  failure  to  immediately 
notify the Commission  using Form 854  upon change in  ownership.  
We conclude that Verizon is apparently liable for a forfeiture in 
the amount of seventeen thousand dollars ($17,000).

                         II.  BACKGROUND

     2.   Verizon owns the  antenna structure  located in  Olean, 
New York and assigned  the Antenna Structure Registration  Number 
1007252 (``1007252'').   Based  on  FCC  Form  715  ``Obstruction 
Marking and  Lighting  Specifications for  Antenna  Structures,'' 
1007252  has  paragraph  1,  3,  and  11  painting  and  lighting 

     3.   On January 21,  2004, the  Commission's Buffalo  Office 
received a complaint  reporting the  tower lights were  out on  a 
tower off McDuffy Road,  off Route 16.  A  search of the  Antenna 
Structure Registration (ASR) Records showed the only tower in the 
area of McDuffy Road was owned by NYNEX, tower number 1007252

     4.   On January 22, 2004, an agent in the FCC Buffalo Office 
tried to contact  NYNEX to  verify that  the lights  were out  on 
their tower, and that the FAA  had been notified.  The agent  was 
unable to contact anyone  from NYNEX and subsequently  determined 
that NYNEX  was now  Verizon.  The  agent then  spoke to  several 
Verizon representatives,  including  a technician  local  to  the 
tower location.  No one  he contacted at  Verizon could or  would 
verify Verizon owned 1007252.  A Verizon technician drove to  the 
tower location and reported  that the lights  were out, and  that 
the tower was not Verizon's, but may be owned by Niagara Mohawk.

     5.   On January  26,  2004,  the  agent  visually  inspected 
1007252 and verified the tower's top beacon was extinguished  but 
the sidelights  were  lit.  The  agent  tried calling  the  phone 
numbers posted  on the  building  next to  1007252.  One  of  the 
numbers was  unusable, but  the second  was answered  by  Verizon 
Corporate Real-estate Customer Service Center.  Again, no one the 
agent talked to was  able to verify  that Verizon owned  1007252.  
The agent contacted Kathryn  Wheeler, one of the  representatives 
he had spoken  to on  January 22, and  asked if  she would  check 
their records again.  The agent  was referred to Debbie  Krajcik, 
who stated she worked for NYNEX Longwire, that the tower was  one 
of theirs, and that she would contact the person responsible  for 
the tower and have him call the agent.  

     6.   On January 27, 2004, Agent  Stanbro had not heard  from 
Ms. Krajcik or the  person responsible for  1007252 so he  phoned 
Ms. Krajcik at 718.237.5342.  Ms. Terry Gangi answered the  phone 
and said Ms. Krajcik was not  in, but would be in shortly.   When 
he asked  if he  was talking  to someone  from NYNEX,  Ms.  Gangi 
stated she  worked  for  Verizon and  NYNEX  no  longer  existed.   
Agent Stanbro then asked whom Ms. Krajcik worked for and she said 

     7.   On January 28, 2004, Agent Stanbro received a fax  from 
Mr. David E. Hajjar,  Verizon Corporate Real-Estate Office.   The 
fax contained a copy  of the last  tower inspection report  dated 
November 5, 2002 and a sketch of the tower (1007252) and adjacent 
building.  The  agent  called Mr.  Hajjar  and told  him  he  had 
received the  fax  but  needed  more  information  on  the  tower 
lighting, how the lighting was monitored, and when the last  time 
the tower lighting was observed.  The agent asked if the FAA  had 
been notified of the tower light outage, and what the NOTAM  (FAA 
notice to  airmen) number  was.   Mr. Hajjar  stated he  had  not 
notified the FAA and asked where  he could call.  The agent  told 
Mr. Hajjar the FAA had to be  notified by the owner of the  tower 
by calling the  nearest FAA  Flight Service  Center.  Mr.  Hajjar 
said he would  contact the  FAA and  provide the  agent with  the 
required information as soon as he was able.

     8.   Later on January 28,  2004, Agent Stanbro responded  to 
an e-mail  from the  FCC's Communications  and Crisis  Management 
Center, which said that the FCC  call center had received a  call 
from Mr. Hajjar about the outage for tower 1007252.  Agent  Bradt 
stated after  he had  received an  e-mail from  the FCC  Consumer 
Center, Gettysburg,  he did  a search  of the  ASR database,  and 
determined that the  tower in question  might be 1007252.   Agent 
Bradt called Mr. Hajjar  and identified himself  as the FCC  Duty 
Officer, and  said he  was trying  to determine  which tower  Mr. 
Hajjar was reporting.   Mr. Hajjar immediately  told Agent  Bradt 
the tower  number, 1007252.   Agent Bradt  stated that  no  phone 
number or e-mail address for the owner was listed, and the  owner 
was NYNEX.  Mr. Hajjar said he  had tried to notify the FAA  AFSS 
but nobody was answering, and asked  Agent Bradt to get in  touch 
with the FAA.   Agent Bradt  indicated he must  first attempt  to 
notify the tower owner, and the tower owner must notify the  FAA.  
Agent Bradt stated that  at no time  during the conversation  did 
Mr. Hajjar indicate any involvement with tower 1007252, as either 
the owner, or any association with Verizon.

     9.   On January  29, 2004,  when  Agent Stanbro  phoned  Mr. 
Hajjar inquiring about the FAA notification, he again advised Mr. 
Hajjar that Verizon was responsible  for notifying the FAA  about 
the tower light outage.  The agent looked the FAA number up in  a 
local phone book, gave  the number to  Mr. Hajjar, and  requested 
that Mr. Hajjar notify the FAA and fax the NOTAM number, date and 
time along with any records he was able to locate to the  Buffalo 
Office.  Mr.  Hajjar faxed  a note  to verify  the FAA  had  been 
notified the afternoon of the 29th.

     10.  On January  30, 2004,  Mr. Hajjar  faxed a  message  to 
Agent Stanbro, stating the tower  had been re-lamped and was  now 
operating.  He also stated  the repair contractor determined  the 
photocell also needed to  be replaced.  The  fax also stated  the 
FCC ASR database had been updated and the NOTAM number was 01/133 
Buffalo.  He then stated Verizon was still looking for the  tower 

     11.  On February 2,  2004, Mr.  Hajjar faxed  a letter  with 
more information regarding  records/logs for monitoring  1007252.  
The fax stated the last records Verizon could locate, were  dated 
October 2001, the last time the tower was inspected was  November 
5, 2002, and Verizon was still looking for records/logs regarding 
the tower.  Verizon has not produced any further records or logs.

                        III.  DISCUSSION

     12.  Section 17.48 of  the Rules requires  the owner of  any 
antenna structure to report immediately by telephone or telegraph 
to the  nearest  FAA Flight  Service  Station or  office  of  any 
observed  or   otherwise   known   extinguishment   or   improper 
functioning of  any  top steady  burning  light or  any  flashing 
obstruction light,  regardless of  its  position on  the  antenna 
structure, if  not corrected  within 30  minutes.  Agent  Stanbro 
notified Verizon personnel of the tower light outage, on  January 
26, 2004, but they did not notify the FAA until January 29, 2004.  

     13.  Section 17.49 of the Rules requires the owner  maintain 
a record of  any observed  or otherwise  known extinguishment  or 
improper functioning of a structure light and include the  nature 
of extinguishment or improper functioning, the date and time  the 
extinguishment or improper functioning occurred, date and time of 
FAA notification,  and  date,  time and  nature  of  adjustments, 
repairs, or  replacements  made.  Verizon,  at  the time  of  the 
outage, failed to maintain proper records.

     14.  Section 17.51  of  the  Rules  requires  that  all  red 
obstruction lighting shall  be exhibited from  sunset to  sunrise 
unless otherwise specified.  The, top beacon of antenna structure 
1007252 was extinguished at the time of inspection on January 26, 
2004, but the sidelights were lit.

     15.  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 structure height or  change 
in ownership information.  The tower  was registered to NYNEX  at 
the time of the light outage

     16.  Based on the evidence before  us, we find that  Verizon 
willfully2 and repeatedly3 violated Sections 17.48, 17.49, 17.51, 
and 17.57  of  the  Rules.  The  Commission's  Forfeiture  Policy 
Statement  and  Amendment  of  Section  1.80  of  the  Rules   to 
Incorporated the Forfeiture Guidelines,  12 FCC Rcd 17087,  17113 
(1997), recon. denied, 15 FCC Rcd 303(1999) (``Forfeiture  Policy 
Statement''),4 sets  the base  forfeiture  amount at  $3,000  for 
failure to file  required forms or  information (two counts,  FAA 
and FCC),  $1000  for  failure  maintain  required  records,  and 
$10,000 for  failure to  comply with  prescribed lighting  and/or 
marking.  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 1934,5 (the  ``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 and applying  the inflation adjustments, we  believe 
that a seventeen thousand dollar ($17,000) monetary forfeiture is 

                      IV.  ORDERING CLAUSES

     17.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act6, and Sections  0.111, 0.311 and  1.80 of  the 
Rules7, Verizon is hereby NOTIFIED of its APPARENT LIABILITY  FOR 
A  FORFEITURE  in  the  amount  of  seventeen  thousand   dollars 
($17,000) for willfully violating  Sections 17.48, 17.49,  17.51, 
and 17.57 of the rules.  

     18.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY, Verizon SHALL  PAY the full amount of  the 
proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the proposed forfeiture.

     19.  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 must  include 
the FCC Registration Number (FRN)  0003 46 9442, and should  note 
the NAL/Acct. No. 200432280001.

     20.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications   Commission,    Enforcement   Bureau,    Spectrum 
Enforcement Division,  445 12th  Street, S.W.,  Washington,  D.C. 
20554, and MUST INCLUDE THE NAL/Acct. No. 200332280001.

     21.  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 

     22.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.8 

     23.  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.

     24.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Verizon, 395 Flatbush Ave. Ext, Room 506,  Brooklyn, 
New York 11201.

                              FEDERAL COMMUNICATIONS COMMISSION

                              Gene J. Stanbro
                              Resident Agent
                              Buffalo, New York Office

Attachment A - FCC List of Small Entities, October 2002

1 47 C.F.R  17.48, 17.49, 17.51, and 17.57.

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 Section  312(f)(2),  which  also  applies  to  Section  503(b), 
provides:  [t]he 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 C.F.R.  1.80.

5 47 U.S.C  503(b)(2)(D).

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, and 0.311.

8 See 47 C.F.R.  1.1914.