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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                  )                               
                                                                  
     In the Matter of             )                               
                                                                  
     Telava Wireless, Inc.        )   File Number EB-07-AT-110    
                                                                  
     Owner of Antenna Structure   )   NAL/Acct. No. 200832480003  
                                                                  
     ASR # 1050197                )   FRN  0015598162             
                                                                  
     Fisk, Alabama                )                               
                                                                  
                                  )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: July  29,  2008

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Telava Wireless, Inc. ("Telava"), owner of antenna structure
       number 1050197 ("Tower"), located in Fisk, Alabama, apparently
       willfully and repeatedly  violated Sections 17.51(a) and 17.57 of the
       Commission's Rules ("Rules") by failing to exhibit red obstruction
       lighting from sunset to sunrise, and failing to 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 Telava is apparently liable for a forfeiture in
       the amount of thirteen thousand dollars ($13,000).

   II. BACKGROUND

    2. On June 7, 2007, in response to a complaint that the lights on the
       Tower were extinguished, an agent from the Commission's Atlanta Office
       of the Enforcement Bureau ("Atlanta Office") consulted the
       Commission's Antenna Structure Registration ("ASR") database and found
       that International Communications Group, Inc., d/b/a Corban Networks
       ("ICG/Corban") was listed as the Tower owner. The agent called the
       contact telephone numbers on record for ICG/Corban, but the numbers
       were disconnected. The agent contacted the nearest Federal Aviation
       Administration ("FAA") Flight Service Station, found that no notice to
       airmen ("NOTAM") had been issued for the lighting extinguishment, and
       had a NOTAM issued for the Tower. The agent later discovered that
       ICG/Corban had been dissolved in bankruptcy with no apparent transfer
       of ownership of the Tower.

    3. On December 5, 2007, an agent from the Atlanta Office inspected the
       Tower and found that the Tower lights were extinguished and that there
       was no electrical service to the Tower. There was no ASR number posted
       at the Tower base, and no other signage indicating the owner of the
       Tower. The agent received information from an individual living near
       the Tower, which led to the identity of the Tower's owner. On December
       10, 2007, the agent from the Atlanta Office informed a contractor
       hired by Telava to restore the Tower lighting that it must have NOTAMs
       issued for the Tower until the lights are restored. That same day, the
       agent also notified an Operations Specialist with Telava that the
       Tower ownership information must be updated in the ASR database. On
       February 1, 2008, the agent from the Atlanta Office reminded the
       Operations Specialist with Telava that it must maintain a current
       NOTAM with the FAA until the Tower lighting is restored.

    4. On February 11, 2008, the District Director of the Atlanta Office sent
       Telava a letter of inquiry ("LOI") regarding the Tower. On June 23,
       2008, the Atlanta Office received a response to the LOI, dated May 15,
       2008, signed by Telava's Chief Operating Officer ("response letter").
       The documents provided with the response letter showed that Telava
       purchased the Tower on November 1, 2006. The response letter further
       stated that the Tower lights were extinguished when Telava purchased
       the Tower and had remained extinguished since that date due to
       Telava's failure to restore electrical service to the site. The
       response letter also stated that "Telava failed to notify the FAA
       regarding the structure light extinguishment due to the lack of
       knowledge to doing so. We have recently learned of this necessary
       requirement. Accordingly, all extinguishments have been noted."
       Finally, Telava stated that it mailed the necessary paperwork to
       update the ownership information for the tower on May 14, 2008.

    5. On June 27, 2008, the agent from the Atlanta Office telephoned the
       original complainant who reported that the lights were still
       extinguished. No current NOTAM had been issued for the tower on that
       date, and the FAA's records showed that no NOTAMs had been issued on
       the tower within the month of June. The agent had another NOTAM issued
       for the tower on June 27, 2008. On July 9, 2008, the agent observed
       that electricity to the Tower had not yet been restored. As of July
       29, 2008, ICG/Corban was still listed as the Tower owner in the ASR
       database.

   III. DISCUSSION

    6. 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.

    7. Section 17.51(a) of the Rules requires that all red obstruction
       lighting be exhibited from sunset to sunrise unless otherwise
       specified. The Tower with ASR number 1050197 is required to have
       obstruction marking and lighting in accordance with FAA Circular
       Number 70/7460-F, Chapters 3, 4, 5, and 9. Specifically, the Tower is
       required to have daytime obstruction marking (painted) and to display
       red lights at night. On December 5, 2007 and July 9, 2008, an agent
       from the Atlanta Office observed that the Tower lighting was
       extinguished, because there was no electrical service to the Tower. In
       its May 15, 2008 response letter, Telava stated that the Tower
       lighting had been extinguished since it acquired the Tower on November
       1, 2006, because power to the site had been disconnected. Telava also
       stated that it failed to have a NOTAM issued between November 1, 2006
       and May 15, 2008. Although Telava and its representatives were
       informed of the NOTAM requirement on December 10, 2007 and February 1,
       2008, Telava asserted in its May 15, 2008 response letter that it had
       only recently become aware of the NOTAM requirement. Despite Telava's
       assurances that it would maintain active NOTAMs for the Tower after
       May 15, 2008, an agent from the Atlanta Office confirmed with the FAA
       that no NOTAM had been issued for the Tower for the month of June
       2008.

    8. Section 17.57 of the Rules states that "[t]he owner of an antenna
       structure for which an Antenna Structure Registration Number has been
       obtained must...immediately notify the Commission using FCC Form 854
       upon any change in structure height or change in ownership
       information." Telava stated that it purchased the Tower on November 1,
       2006, and did not immediately notify the Commission of the ownership
       change. Telava was notified of the ownership information requirement
       on December 10, 2007, but, according to its letter response, did not
       file the required paperwork until May 14, 2008. However, the
       Commission has not received the paperwork and, as of July 29, 2008,
       ICG/Corban was still listed as the owner of the Tower in the ASR
       database.

    9. Based on the evidence before us, we find that Telava  apparently
       willfully and repeatedly violated Sections 17.51(a) and 17.57 of the
       Rules by failing to exhibit red obstruction lighting from sunset to
       sunrise and failing to notify immediately the Commission of a change
       of ownership of the Tower with ASR number 1050197.

   10. 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 comply with prescribed lighting
       and/or marking is $10,000, and failure to file required forms or
       information 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)(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.
       Applying the Forfeiture Policy Statement, Section 1.80 of the Rules,
       and the statutory factors to the instant case, we conclude that Telava
       is apparently liable for a  $13,000 forfeiture.

   IV. ORDERING CLAUSES

   11. 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, Telava Wireless, Inc. is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of thirteen dollars ($13,000) for violations of Sections
       17.51(a) and 17.57 of the Rules.

   12. 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, Telava Wireless, Inc.
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   13. 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 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. Telava also will send electronic
       notification on the date said payment is made to SCR-Response@fcc.gov.

   14. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Atlanta Office,
       3575 Koger Blvd., Suite 320, Duluth, GA 30096  and must include the
       NAL/Acct. No. referenced in the caption.

   15. 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.

   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 Telava Wireless, Inc.  at  its address
       of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Douglas G. Miller

   District Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 17.51(a), 17.57.

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

   Section 17.48 (a) of the Rules states that "The owner of any antenna
   structure which is registered...[s]hall report immediately by telephone or
   telegraph to the nearest Flight Service Station or office of the Federal
   Aviation Administration 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,
   not corrected within 30 minutes." 47 C.F.R. S: 17.48(a).

   This constitutes a separate violation of Section 17.4 of the Rules, which
   requires the ASR number to be displayed in a conspicuous place readily
   visible near the base of the antenna structure. 47 C.F.R. S: 17.4.

   Between June and December 2007, an agent from the Atlanta Office
   periodically contacted the FAA and had NOTAMs issued for the Tower.

   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: 17.51(a).

   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)(E).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 17.51(a),
   17.57.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission