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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                       )                               
                                                                       
                                       )                               
     In the Matter of                                                  
                                       )                               
     Pinnacle Towers LLC                   File Number: EB-06-NY-014   
                                       )                               
     Registrant of Antenna Structure       NAL/Acct. No. 200732380004  
                                       )                               
     Hicksville, New York                  FRN 0006 1561 11            
                                       )                               
     ASR #1017802                                                      
                                       )                               
                                                                       
                                       )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: December 21, 2006

   By the District Director, New York Office, Northeast Region, Enforcement
   Bureau:

   1. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Pinnacle Towers LLC ("Pinnacle"), owner of antenna structure
       number 1017802, in Hicksville, New York, apparently willfully and
       repeatedly violated Section 17.57 of the Commission's Rules ("Rules")
       by failing to immediately notify the Commission of a change in
       ownership of an antenna structure. We conclude, pursuant to Section
       503(b) of the Communications Act of 1934, as amended ("Act"), that
       Pinnacle is apparently liable for a forfeiture in the amount of three
       thousand dollars ($3,000).

   II.  BACKGROUND

    2. On January 14, 2006, the New York Office received a fax from the New
       York Automated Flight Service Station stating that a Notice to Airman
       ("NOTAM ") had been issued three times for a light outage on antenna
       structure number 1017802. According to the NOTAM, the lights had been
       out since December 14, 2005.

    3. On January 20, 2006, an agent in the Commission's New York Office
       searched the Commission's Antenna Structure Registration ("ASR")
       database, which showed that the registered owner of antenna structure
       number 1017802 was Motorola, Inc. ("Motorola"). Motorola did not
       respond to several messages left by the agent at the telephone number
       listed for Motorola in the ASR database.

    4. On January 26, 2006, the agent reviewed antenna structure inspection
       records, which identified Pinnacle as the manager of antenna structure
       number 1017802. The agent contacted Pinnacle and spoke with a Pinnacle
       representative who confirmed that Pinnacle had submitted the outage
       information to the FAA. The representative stated, however, that he
       was unsure of the ownership of the antenna structure. The agent
       advised the Pinnacle representative that FCC records showed Motorola
       as the current owner of the antenna structure and that if Pinnacle was
       in fact the owner of the antenna structure, Pinnacle would be in
       violation of the Commission's rules for not immediately notifying the
       Commission of a change in the structure's ownership.

    5. On January 27, 2006, a Pinnacle representative called the agent to
       report that the owner of the antenna structure is The Holmes Farm LLC,
       ("Holmes"). On February 1, 2006, the agent received a fax from
       Pinnacle confirming that the antenna structure was owned by Holmes and
       provided a contact name at Holmes. On that same day, the agent checked
       the ASR database and found that the ownership information had been
       updated on January 26, 2006, and now lists Pinnacle as the registered
       owner of antenna structure 1017802.

    6. On February 28, 2006, the New York Office sent a Letter of Inquiry to
       Holmes to obtain additional information regarding the ownership of the
       antenna structure. On March 20, 2006, the New York Office received a
       response from Holmes stating that Holmes is the owner of the real
       property on which the antenna structure is located, but it is not the
       owner of the antenna structure. Holmes included with its response a
       copy of a Memorandum of Lease and Consent, dated December 20, 1999, in
       which Motorola assigned its lease for the antenna site to Pinnacle.
       The Memorandum of Lease and Consent also referenced a "Purchase
       Agreement," dated June 29, 1999, pursuant to which Motorola sold the
       antenna structure to Pinnacle.

   III. DISCUSSION

    7. Section 503(b) of the Act provides that any person who willfully fails
       to comply substantially with the terms and conditions of any license,
       or willfully fails to comply with any of the provisions of the Act or
       of any rule, regulation or order issued by the Commission thereunder,
       shall be liable for a forfeiture penalty. The term "willful" as used
       in Section 503(b) has been interpreted to mean simply that the acts or
       omissions are committed knowingly. The term "repeated" means the
       commission or omission of such act more than one or for more than one
       day.

    8. Section 17.57 of the Rules requires the owner of an antenna structure
       to immediately notify the Commission, using FCC Form 854, upon any
       change in structure height or change in ownership information.
       Although Pinnacle acquired the antenna structure in 1999 and reported
       light outages on the antenna structure to the FAA, Pinnacle failed to
       register the structure with the Commission until January 2006, which
       it did only after being advised of the violation by a Commission
       agent. Based on the evidence before us, we find that Pinnacle
       willfully and repeatedly violated Section 17.57 of the Rules by
       failing to immediately notify the Commission of a change in ownership
       information for antenna structure number 1017802.

    9. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for failure to file required forms or
       information with the Commission is $3000. 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 Act, which include
       the nature, circumstances, extent, and gravity of the violations, and
       with respect to the violator, the degree of culpability, and history
       of prior offenses, ability to pay, and other such matters as justice
       may require. Applying the Forfeiture Policy Statement and the
       statutory factors, we conclude that Pinnacle owner of antenna
       structure number 1017802 is apparently liable for $3,000 forfeiture.

   IV. ORDERING CLAUSES

   10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
       1.80 of the Commission's Rules, Pinnacle is hereby NOTIFIED of this
       APPARENT LIABILITY FOR A FORFEITURE in the amount of three thousand
       dollars ($3,000) for violations of Section 17.57 of the Rules.

   11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Pinnacle, SHALL PAY the
       full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   12. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.
       Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500
       Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire
       transfer may be made to ABA Number 043000261, receiving bank Mellon
       Bank, and account number 911-6106.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, New York Office, 201
       Varick Street, Suite 1151, New York, NY 10014, within thirty (30) days
       from the release date of this Notice of Apparent Liability for
       Forfeiture and must include the NAL/Acct. No. referenced in the
       caption.

   14. 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.

   15. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 1A625, 445 12th
       Street, S.W., Washington,, D.C. 20554.

   16. IT IS FURTHER ORDERED  that  a copy of this Notice of Apparent
       Liability for Forfeiture shall be sent by Certified Mail, Return
       Receipt Requested, and regular mail, to Pinnacle at its address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Daniel W. Noel

   District Director

   New York Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S 17.57.

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

   Section 312(f)(1) of the Act, 47 U.S.C. S 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 or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[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. S 17.57.

   We recognize that Pinnacle registered the antenna structure immediately
   after being advised to do so by the agent. We note, however, that the
   Commission consistently has held that corrective action taken to come into
   compliance with the Rules is expected, and does not nullify or mitigate
   any prior forfeitures or violations.  See Seawest Yacht Brokers,
   Forfeiture Order, 9 FCC Rcd 6099 (1994).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80, 17.57.

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission

   4

   Federal Communications Commission