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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
     In the Matter of                       )                                
                                                                             
     New Cingular Wireless Services, Inc.   )     File Number: EB-06-SF-265  
                                                                             
     Antenna Structure Registrant           )   NAL/Acct. No.: 200732960003  
                                                                             
     ASR # 1013252                          )               FRN: 0004122032  
                                                                             
     Tulare, California                     )                                
                                                                             
                                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: February 28, 2007

   By the District Director, San Francisco Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that New Cingular Wireless Services, Inc. ("Cingular"), registered
       owner of antenna structure # 1013252, in Tulare, California,
       apparently repeatedly violated Section 303(q) of the Communications
       Act of 1934, as amended, ("Act"), and Sections 17.23 and 17.50 of the
       Commission's Rules ("Rules") by failing to comply with prescribed
       marking. We conclude, pursuant to Section 503(b) of the Act, that
       Cingular is apparently liable for a forfeiture in the amount of ten
       thousand dollars ($10,000).

   II. BACKGROUND

    2. Antenna structure # 1013252 is located at 2873 West Inyo Avenue,
       Tulare, California. The structure is 88.7 meters in height above
       ground level and, according to antenna structure # 1013252's
       registration, the structure is required to have "Obstruction Marking
       and Lighting" in accordance with chapters 3, 4, 5 and 12 of the
       Federal Aviation Administration ("FAA") Advisory Circular Number
       70/7460-1K. Specifically, the structure is required to be painted and
       have obstruction lighting consisting of at least one flashing red
       beacon on top and two or more steady-burning red sidelights on
       opposite sides at the midpoint. Chapter 3 of the FAA Circular requires
       the structure to be painted with alternate bands of aviation orange
       and white paint; that the bands are equal in width, and approximately
       one-seventh the height of the structure.

    3. On August 29, 2006, an agent from the Enforcement Bureau's San
       Francisco Office conducted an inspection of Cingular's antenna
       structure # 1013252. The agent observed that the nighttime tower
       lights, consisting of one flashing red beacon on top of the structure
       and two steady burning red side lights, were functioning properly but
       that the tower was painted gray and was not painted with alternating
       bands of aviation orange and white paint.

    4. On August 30, 2006 the agent returned to the site and inspected
       antenna structure # 1013252 observing that the tower was gray and was
       not painted with alternating bands of aviation orange and white paint.
       The agent observed that the antenna structure appeared to have never
       been painted with aviation orange and white paint. The agent also
       observed no daytime white lights mounted or functioning on the
       structure. The agent called the posted emergency number for the
       structure and spoke with the tower monitoring service. The agent asked
       the monitoring service to contact the FAA Flight Service Station to
       report a hazard, because the structure was neither painted nor bore
       any functioning daytime white lights.

   III. DISCUSSION

    5. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly 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 once or for more than one day.

    6. Section 303(q) of the Act states that antenna structure owners shall
       maintain the painting and lighting of antenna structures as prescribed
       by the Commission. Part 17 of the Rules is designed to promote air
       safety, by prescribing regulations for antenna structures that
       constitute or that potentially constitute "a menace to air
       navigation." Section 17.23 of the rules requires that registered
       antenna structures conform to the mandatory FAA painting and lighting
       recommendations set forth on the FAA determination of "no hazard"
       issued to the structure owner. The FAA determination of "no hazard"
       for antenna structure # 1013252 requires that the structure be painted
       and have obstruction lighting consisting of at least one flashing red
       beacon on top and two steady-burning side lights at the midpoint.
       Section 17.50 of the Commission's Rules states that antenna structures
       requiring painting be painted as often as necessary to maintain good
       visibility.

    7. The specification of Chapter 3 of FAA Advisory Circular Number
       70/7460-1K on the antenna structure registration for antenna structure
       # 1013252 requires that the antenna structure be painted with
       alternate bands of aviation orange and white paint and that the bands
       be equal in width and approximately one-seventh the height of the
       structure in order to make the structure "more conspicuous to pilots
       during daylight hours." Chapter 3 allows for alternatives to the
       prescribed painting or marking, in the form of high or medium
       intensity white lighting systems, provided the proposed alternative
       has received FAA review and concurrence. Once the FAA has approved of
       the proposed change, the antenna structure registrant must seek
       approval from the Commission before implementing the change. There is
       no evidence that Cingular received either FAA or Commission approval
       to alter the painting and lighting on antenna structure # 1013252. On
       August 29 and 30, 2006, a San Francisco agent inspected antenna
       structure # 1013252 and observed that the structure was painted gray.
       During the August 30, 2006, inspection, the agent also observed that
       there was no daytime lighting mounted or functioning on the structure.
       The agent also observed that the structure appeared to have never been
       painted with the required aviation orange and white paint. Cingular's
       failure to paint antenna structure # 1013252 occurred on more than one
       day, therefore, its violation is repeated. Based on the evidence
       before us, we find that Cingular apparently repeatedly violated
       Section 303(q)  of the Act, and Sections 17.23 and 17.50 of the Rules,
       by failing to comply with painting and lighting requirements specified
       for antenna structure # 1013252, and for failing to ensure that the
       structure was repainted as often as necessary to maintain good
       visibility.

    8. 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 failing to comply with prescribed antenna
       structure marking 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 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, Section 1.80, and
       the statutory factors to the instant case, we conclude that Cingular
       is apparently liable for a ten thousand dollar ($10,000) forfeiture.

   IV. ORDERING CLAUSES

    9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, New Cingular Wireless
       Services, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of ten thousand dollars ($10,000) for
       violations of Section 303(q) of the Act and Sections 17.23 and 17.50
       of the Rules.

   10. 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, New Cingular Wireless
       Services, Inc., SHALL PAY the full amount of the proposed forfeiture
       or SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   11. 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.

   12. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, San Francisco Office,
       5653 Stoneridge Drive, Suite 105, Pleasanton, California, 94588-8543
       and must include the NAL/Acct. No. referenced in the caption.

   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. 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, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   15. 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 New Cingular Wireless Services, Inc.,
       at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Thomas N. Van Stavern

   District Director

   San Francisco Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S 303(q).

   47 C.F.R. SS  17.23, 17.50.

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

   See FAA Advisory Circular Number 70/7460-1K, Chapters 3, 4, 5 and 12. At
   the time of the inspection, the antenna structure registration ("ASR") for
   antenna structure #1013252 required the structure to have "Obstruction
   Marking and Lighting" in accordance with chapters 3, 4, 5 and 13 of the
   FAA Advisory Circular Number 70/7460-1J, which also specified that the
   structure be painted and have obstruction lighting consisting of at least
   one flashing red beacon on top and two or more steady-burning red
   sidelights on opposite sides at the midpoint. Chapter 12 of FAA Advisory
   Circular Number 70/7460-1K and Chapter 13 of FAA Advisory Circular Number
   70/7460-1J are both entitled "Marking and Lighting Equipment and
   Information."

   Chapter 3 makes this requirement specific to structures 700 feet or less
   in height. According to its antenna structure registration, antenna
   structure # 1013252 is 88.7 meters in height, or, approximately 290 feet.

   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."

   Section 303(q) of the Act gives the Commission authority to regulate
   certain antenna structures if and when such structures constitute, or
   there is a reasonable possibility that they may constitute, a menace to
   air navigation. 47 U.S.C. S 303(q).

   47 C.F.R. S 17.1(a)

   47 C.F.R. S 17.23.

   FAA Advisory Circular Number 70/7460-1K, Chapters 3, 4, 5, 12.

   47 C.F.R. S 17.50.

   FAA Advisory Circular Number 70/7460-1K, Chapter 3, Paragraph 30.

   FAA Advisory Circular Number 70/7460-1H, Chapter 3, Paragraph 36.

   The Note to Chapter 3 reads: "Sponsors must ensure that alternatives to
   marking are coordinated with the FCC for structures under its jurisdiction
   prior to making the change." FAA Advisory Circular Number 70/7460-1K,
   Chapter 3.

   Even if Cingular had received such approval, it would still be in
   violation of Section 17.23, for failing to conform to the mandatory FAA
   painting and lighting recommendations set forth on its FAA Notice, and
   Section 17.51, 47 C.F.R. S 17.51, for failing to continuously exhibit
   obstruction lighting, because the agent observed no daytime white lighting
   system mounted or functioning on the antenna structure.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S
   1.80.

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

   47 U.S.C. SS 303(q), 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80,
   17.23, 17.50.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission