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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                       )                               
                                                                       
                                       )                               
     In the Matter of                                                  
                                       )                               
     Holmes Farm, LLC                      File Number: EB-08-NY-041   
                                       )                               
     Registrant of Antenna Structure       NAL/Acct. No. 200832380006  
                                       )                               
     ASR #1017802                          FRN 0016 5102 08            
                                       )                               
     Hicksville, NY                                                    
                                       )                               
                                                                       
                                       )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released: March 13, 2008

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Holmes Farm, LLC ("Holmes"), 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 its ownership of an antenna
       structure. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Holmes 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 Towers LLC ("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 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 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.

    7. On December 21, 2006, the New York Office issued a Notice of Apparent
       Liability for Forfeiture in the amount of $3,000 to Pinnacle. In its
       response to the NAL, Pinnacle submitted documentation showing that
       Holmes in fact owns both the real property and antenna structure #
       1017802. Holmes confirmed its ownership of the tower in its response
       to a Letter of Inquiry issued to Holmes by the New York Office.

    8. In Holmes's response to the Letter of Inquiry, Holmes reports that the
       Commission granted its application to change the ownership information
       in the ASR database on June 1, 2007. According to the ASR database,
       Holmes filed its application to change the ownership information on
       May 23, 2007. Although Holmes states in its response to the Letter of
       Inquiry that it did not determine that it owns the tower until the
       Spring of 2007, there is evidence that Holmes knew that it owned the
       tower long before that time. In the materials submitted by Pinnacle in
       its response to the NAL, there is a letter to Susan M. Thomas,
       Managing Member of Holmes, from Tracey W. Barton, FAA/FCC Compliance
       Specialist, Global Signal, dated March 24, 2006. In that letter, Ms.
       Barton provided documents to Ms. Thomas showing that Holmes is indeed
       the owner of the tower. The letter further advised Ms. Thomas that the
       FCC needed to be notified of the change.

   III. DISCUSSION

    9. 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.

   10. 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. In its
       response to the New York Office's Letter of Inquiry, Holmes confirms
       that it owns antenna structure # 1017802. The documents provided by
       Pinnacle in its response to the NAL reveal that Holmes was provided
       evidence of its ownership of antenna structure # 1017802 as early as
       March 24, 2006. Holmes did not notify the FCC of the change in
       ownership information, however, until May 23, 2007, more than one year
       later. Based on the evidence before us, we find that Holmes 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.

   11. 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 $3,000. 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 and the
       statutory factors, we conclude that Holmes, owner of antenna structure
       number # 1017802, is apparently liable for $3,000 forfeiture.

   IV. ORDERING CLAUSES

   12. 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, Holmes Farm, LLC, 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.

   13. 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, Holmes Farm, LLC, SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   14. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment[s] by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.   Please contact the Financial Operations
       Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with
       any questions regarding payment procedures.

   15. 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.

   16. 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.

   17. 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 Holmes Farm, LLC, 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).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732380004
   (Enf. Bur., New York Office, released December 21, 2006)("NAL").

   See Letter of Inquiry from Daniel W. Noel, District Director, New York
   Office, Northeast Region, Enforcement Bureau, to Susan M. Thomas, Holmes
   Farm LLC, dated February 8, 2008; Letter from Susan M. Thomas, Managing
   Member, Holmes Farm, LLC.

   See Application No. A0550436.

   See Letter from Tracey Barton, FAA/FCC Compliance Specialist, Global
   Signal, to Susanna Thomas, Holmes Farm, LLC, dated March 24, 2006. Global
   Signal is Pinnacle's former parent company.  See Pinnacle's response to
   NAL at n. 1.

   The documents provided to Holmes by Pinnacle were (1) 1964 Antenna Site
   and Lease Agreement between Holmes's predecessor-in-interest (Dorothy H.
   Menah and W. Lincoln Holmes) and Motorola's predecessor-in-interest
   (Motorola Communications and Electronics, Inc.); (2) 1999 Memorandum of
   Lease and Consent, which references a June 29, 1999 Agreement for Purchase
   and Sale of Assets, between Motorola and Pinnacle Tower's Inc., Pinnacle's
   predecessor-in-interest; and (3) relevant portions of the 1999 Agreement
   for Purchase and Sale of Assets.

   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 note that, according to the documents submitted by Pinnacle, Holmes has
   always owned both the real property and the tower, but has leased them,
   initially to Motorola and then to Motorola's successors-in-interest. Our
   finding here concerning Holmes's failure to notify the FCC of a change in
   ownership information does not address whether Holmes always should have
   been listed in the ASR database as the tower's owner.

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

   Federal Communications Commission

   2

   Federal Communications Commission