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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                             )                               
                                                             
                             )                               
     In the Matter of                                        
                             )   File Number EB-07-TP-091    
     Telecom Network, Inc.                                   
                             )   NAL/Acct. No. 200832700002  
     Birmingham, AL                                          
                             )   FRN 0001752161              
     ASR 1029164                                             
                             )                               
                                                             
                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released: November 5, 2007

   By the District Director, Tampa Field Office, South Central Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Telecom Network, Inc. ("Telecom"), owner of antenna structure #
       1029164, in Ebro, FL apparently willfully and repeatedly violated
       Sections 17.50 and 17.51(a) of the Commission's Rules ("Rules") by
       failing to paint its antenna structure to maintain good visibility and
       failing to exhibit red obstruction lights from sunset to sunrise. We
       also find that Telecom apparently repeatedly violated Section 17.4(g)
       of the Rules by failing to post the Antenna Structure Registration
       ("ASR") number at the base of its structure. We conclude, pursuant to
       Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       that Telecom is apparently liable for a forfeiture in the amount of
       twelve thousand  dollars ($12,000).

   II. BACKGROUND

    2. On May 15, 2007, in response to a complaint of a dark tower, agents
       from the Commission's Tampa Office of the Enforcement Bureau ("Tampa
       Office") observed that all of the required obstruction lighting on
       antenna structure #1029164, located in Ebro, FL, was unlit after local
       sunset time. The agents also observed that the paint throughout the
       structure was extremely faded and washed away in many areas of the
       structure. Finally, the agents observed that the ASR number, 1029164,
       was not posted at the site.

    3. On May 16, 2007, the agents returned to the antenna structure and
       noted that the tower's paint remained unchanged. The agents also
       observed that the ASR number was still not posted at the site. The
       agents again observed that the tower remained completely unlit past
       local sunset time.

    4. On May 30, 2007, Telecom admitted that the antenna structure did not
       have an automatic alarm monitoring system. According to Telecom, daily
       visual observations were supposed to be made of the structure, and
       lighting problems listed in its log. Telecom admitted that it was
       unaware of the outage prior to being informed by the agents, and the
       last problem listed in the log was from 2004. Telecom did not have any
       documentation of when the tower had last been painted.

   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) of the Act 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 17.4(g) of the Rules requires that the ASR number must be
       displayed in a conspicuous place so that it is readily visible near
       the base of the antenna structure. Materials used to display the ASR
       number must be weather-resistant and of sufficient size to be easily
       seen at the base of the antenna structure. On May 15 and 16, 2007,
       agents from the Tampa Office observed that no ASR number was posted by
       antenna structure # 1029164. According the ASR database, Telecom is
       the registered owner of this structure.

    7. Section 17.50 of the Rules requires that antenna structures requiring
       painting shall be cleaned or repainted as often as necessary to
       maintain good visibility. On May 15 and 16, 2007, an inspection of the
       antenna structure revealed that the paint on the structure was
       extremely faded and had washed away completely in many areas, leaving
       the metal exposed and reducing the tower's visibility. The paint's
       condition was so deteriorated that it had to have occurred over more
       than one day. Telecom had no records of when the tower was last
       painted.

    8. Section 17.51(a) of the Rules requires that all red obstruction
       lighting shall be exhibited from sunset to sunrise unless otherwise
       specified. On May 15 and 16, 2007, agents from the Tampa Office
       observed that all required obstruction lighting on antenna structure
       #1029164 was extinguished after local sunset time. Telecom stated that
       it was supposed to make daily observations of the tower lights,
       however, it was unaware of the outage prior to being so informed by
       the agents. Telecom did not notify the FAA of the outage prior to May
       30, 2007.

    9. Based on the evidence before us, we find that Telecom apparently
       willfully and repeatedly violated Sections 17.50 and 17.51(a) of the
       Rules by failing to maintain its antenna structure's paint in good
       condition, and failing to exhibit all of the required obstruction red
       lights. We also find that Telecom apparently repeatedly violated
       Section 17.4(g) of the Rules by failing to post the ASR number at its
       antenna structure. 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 lighting and marking is $10,000. Section 1.80
       of the Rules does not establish a base forfeiture amount for failure
       to post the ASR number. The Commission has determined, however, that
       an appropriate base forfeiture amount for failure to post the ASR
       number is $2,000 per violation.7 In assessing the monetary forfeiture
       amount, we must also take into account the statutory factors set forth
       in Section 503(b)(2)(E) 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.8 Applying the Forfeiture Policy Statement, Section 1.80 of
       the Rules, and the statutory factors to the instant case, we conclude
       that Telecom is apparently liable for a  twelve thousand dollar
       ($12,000) 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,
       0.314 and 1.80 of the Commission's Rules, Telecom Network, Inc. is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of twelve thousand dollars ($12,000) for violations of Sections
       17.4(g), 17.50, and 17.51(a) of the Rules.9

   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, Telecom Network, Inc.
       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, South Central Region, Tampa Office,
       2203 N. Lois Ave., Suite 1215, Tampa, FL , 33607 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, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.10

   ___________________________

   8 47 U.S.C. S: 503(b)(2)(E).

   9 47 U.S.C. S: 503(b), 47 C.F.R. S: S: 0.111, 0.311, 0.314, 1.80, 17.4(g),
   17.50, 17.51(a).

   10 See 47 C.F.R. S: 1.1914.

   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 Telecom Network, Inc.  at  its 
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph M. Barlow

   District Director

   Tampa Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 17.4(g), 17.50, 17.51(a).

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

   After receiving the complaint that the antenna structure had been unlit
   for 45 days, an agent notified the Federal Aviation Administration
   ("FAA"), and they issued a Notice to Airmen ("NOTAM") on May 1, 2007.

   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."

   See 47 C.F.R. S: 17.48(a).

   47 C.F.R. S: 1.80.

   7 American Tower Corporation, Notice of Apparent Liability, 16 FCC Rcd
   1282 (2001).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission