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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
                                                                             
                                             )                               
                                                                             
     In the Matter of                        )                               
                                                                             
     Qualicom Systems, Inc.                  )                               
                                                 File Number EB-08-TP-0307   
     Owner of Antenna Structure              )                               
                                                 NAL/Acct. No. 200932700003  
     Estero, FL 33928                        )                               
                                                 FRN: 000-18041-94           
     Antenna Structure Registration          )                               
     Number: 1012977                                                         
                                             )                               
                                                                             
                                             )                               
                                                                             
                                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released: October 23, 2008

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

   I. Introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Qualicom Systems, Inc. ("Qualicom"), owner of antenna structure
       number 1012977 located in Estero, Florida, apparently willfully and
       repeatedly violated Section 17.4(g) of the Commission's Rules
       ("Rules") by failing to display in a conspicuous place the Antenna
       Structure Registration ("ASR") number for its antenna structure and
       apparently repeatedly violated Section 17.48(a) of the Rules by not
       informing the Federal Aviation Administration ("FAA") of a malfunction
       of the antenna structure lighting. We conclude, pursuant to Section
       503(b) of the Communications Act of 1934, as amended ("Act"), that
       Qualicom is apparently liable for a forfeiture in the amount of five
       thousand dollars ($5,000).

   II. BACKGROUND

    2. On September 15, 2008, in response to a complaint of an unlit tower,
       an agent from the Commission's Tampa Office of the Enforcement Bureau
       ("Tampa Office") contacted the FAA's Flight Service Station and was
       advised that a Notice to Airmen ("NOTAM") had not been issued for an
       antenna structure with ASR number 1012977 in Estero, Florida.

    3. On September 16, 2008, an agent from the Tampa Office conducted an
       inspection of antenna structure number 1012977 and observed, several
       hours prior to sunrise, that the nighttime aviation red top beacon was
       not functioning. Instead the daytime white flashing obstruction light
       was on at nighttime. Additionally, the ASR number was not displayed
       anywhere near the antenna structure base.

    4. On September 17, 2008, an agent from the Tampa Office performed
       another inspection of antenna structure number 1012977 and observed
       that the ASR number was still not conspicuously displayed anywhere
       near the antenna structure base.

    5. On September 17, 2008 an agent from the Tampa Office spoke to a
       representative of Qualicom, who stated that he was aware that the
       aviation red top beacon was malfunctioning and had been working to
       have it repaired. He stated he was unaware of the requirement to
       contact the FAA in the event of a malfunctioning antenna structure
       light. The agent provided him the FAA contact information. He also was
       unaware if the ASR number for antenna structure number 1012977 was
       posted anywhere near the structure's base.

    6. In a subsequent conversation on September 30, 2008, the Qualicom
       representative stated that he became aware of the red top beacon
       malfunction on September 9, 2008.

   III. DISCUSSION

    7. 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.

    8. Section 17.4(g) of the Rules requires that the ASR number be displayed
       in a conspicuous place so that it is readily visible near the base of
       the antenna structure. On September 16 and 17, 2008, the ASR number
       for antenna structure number 1012977 was not displayed at the base of
       the tower. Qualicom was not aware of any signs listing the ASR number
       around antenna structure number 1012977.

    9. Section 17.48(a) of the Rules requires that the owner of an antenna
       structure, registered by the Commission and assigned lighting
       specifications, shall report immediately any extinguishment or
       improper functioning of any top steady burning light not corrected
       within 30 minutes. Antenna structure number 1012977 is required to be
       painted and lit. Qualicom became aware that the structure's top red
       beacon was not lit on September 9, 2008. On September 16, 2008, an
       agent from the Tampa Office observed that the top red beacon was still
       not lit. Qualicom was unaware of the requirement to notify the FAA of
       a lighting outage on September 17, 2008 and had not contacted the FAA
       prior to that date.

   10. Based on the evidence before us, we find that Qualicom apparently
       willfully and repeatedly violated Section 17.4(g) of the Rules by
       failing to display the ASR number at the base of antenna structure
       number 1012977 and apparently repeatedly violated Section 17.48(a) of
       the Rules by not reporting immediately a malfunctioning light, which
       could not be corrected within 30 minutes, to the FAA.

   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 failing to file required information is
       $3,000. 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. 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 Qualicom is apparently liable for a 
       $5,000 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, 0.314 and 1.80 of the
   Commission's Rules, Qualicom Systems, Inc., is hereby NOTIFIED of this
   APPARENT LIABILITY FOR A FORFEITURE in the amount of five thousand dollars
   ($5,000) for violations of Sections 17.4(g) and 17.48(a) 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, Qualicom Systems, Inc., 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 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, South Central Region, Tampa Office,
       2203 N. Lois Avenue, Suite 1215, Tampa, Florida, 33607 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 Qualicom Systems, 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: 17.4(g).

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

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

   The agent requested that the FAA issue a NOTAM at that time.

   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."

   The antenna structure is 98 meters in height above ground. Antenna
   structures are required to be painted and lighted when they exceed 60.96
   meters in height above ground. See 47 C.F.R. S: 17.21.

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

   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, 17.4 (g),
   17.48(a)

   Federal Communications Commission

                                       4

   Federal Communications Commission