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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                  )                               
                                                                  
     In the Matter of             )                               
                                                                  
     ERF Wireless, Inc.           )   File No. EB-08-HU-0128      
                                                                  
     Owner of Antenna Structure   )   NAL/Acct. No. 200932540001  
                                                                  
     Number 1052967               )   FRN 0017732520              
                                                                  
     Monaville, Texas             )                               
                                                                  
                                  )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released: March 27, 2009

   By the Resident Agent, Houston Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that ERF Wireless, Inc. ("ERF Wireless"), owner of antenna structure
       number 1052967, near Monaville, Texas, apparently willfully and
       repeatedly violated Sections 17.51(b)  and 17.57  of the Commission's
       Rules ("Rules") by failing to continuously exhibit the medium
       intensity lighting on its antenna structure and failing to update the
       ownership information for its antenna structure. We conclude, pursuant
       to Section 503(b) of the Communications Act of 1934, as amended
       ("Act"), that ERF Wireless is apparently liable for a forfeiture in
       the amount of thirteen  thousand dollars ($13,000).

   II. BACKGROUND

    2. On December 22, 2008, in response to a complaint of an unlit and
       improperly registered antenna structure, an agent from the
       Commission's Houston Office of the Enforcement Bureau ("Houston
       Office") reviewed the Commission's Antenna Structure Registration
       ("ASR") database. The database listed Bishop Tower Company as the
       owner of antenna structure number 1052967, near Monaville, Texas. The
       complaint alleged that ERF Wireless acquired the antenna structure
       over two years ago. The Commission's ASR database listed this
       structure as requiring a medium intensity obstruction light that is to
       be exhibited continuously. Later that same day, the agent drove out to
       the antenna structure site and observed that the medium intensity
       obstruction light on the top of the structure was not functioning.

    3. On December 29, 2008, an agent from the Houston Office observed
       antenna structure number 1052967 in Monaville, Texas, both prior to
       and after local sunset. The medium intensity obstruction light was not
       functioning. The agent then called the Federal Aviation Administration
       ("FAA") to determine if the structure owner had notified the FAA of
       the outage and whether a Notice to Airmen ("NOTAM") had been issued.
       The FAA reported that there was no current NOTAM for this structure,
       so the agent informed the FAA of the lighting outage.

    4. On March 2, 2009, an agent from the Houston Office observed antenna
       structure number 1052967 near Monaville, Texas, both prior to and
       after local sunset. The medium intensity obstruction light on the
       structure was not functioning. The agent then called the FAA to
       determine if the owner had notified the FAA about the outage and
       whether a NOTAM had been issued. The FAA reported that there was no
       current NOTAM for this structure, so the agent informed the FAA of the
       outage.

    5. On March 5, 2009, an agent from the Houston Office interviewed an
       employee of ERF Wireless about antenna structure number 1052967. The
       employee stated that ERF Wireless had purchased this antenna structure
       from Bishop Tower Company at least one year ago and he had no
       knowledge as to why it would not have been properly registered with
       the Commission. He also stated that ERF Wireless does not visually
       check the lights once every 24 hours and had not observed the
       structure lights for about 6 months. He said that ERF Wireless was not
       using an automatic alarm system to monitor the lights and that they
       were in the process of looking for a monitoring system. Later that
       same day, the agent accompanied by two employees of ERF Wireless
       inspected antenna structure number 1052967 and observed that the
       medium intensity obstruction light was not functioning. A visual
       inspection of the lighting equipment installed at the site revealed it
       was not functioning. As of March 26, 2009, the ASR database still
       listed Bishop Tower Company as the owner of antenna structure number
       1052967.

   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(b) of the Rules states that all high intensity and
       medium intensity obstruction lighting shall be exhibited continuously
       unless otherwise specified. Antenna structure number 1052967 is
       required to exhibit continuously a medium intensity obstruction light.
       An agent from the Houston Office observed that the medium intensity
       strobe light on antenna structure number 1052967 was not functioning
       on December 22 and 29, 2008, and on March 2 and 5, 2009. ERF Wireless
       admitted that it had not observed the structure lights at least once
       every 24 hours and did not maintain a properly working automatic alarm
       system to detect the failure of the structure lights. Moreover, ERF
       Wireless failed to notify the FAA about the lighting outage.

    8. Section 17.57 of the Rules states that the owner of an antenna
       structure which is registered with the Commission must notify
       immediately the Commission upon any change in ownership information.
       ERF Wireless purchased antenna structure number 1052967 at least as
       early as March 2008. ERF Wireless was informed that it was not listed
       as the structure owner in the ASR database on March 2, 2009. However,
       as of March 24, 2009, the previous owner of the structure was still
       listed as the structure owner in the ASR database.

    9. Based on the evidence before us, we find that ERF Wireless  apparently
       willfully and repeatedly violated Sections 17.51(b) and 17.57 of the
       Rules by failing to exhibit continuously the medium intensity lighting
       on its antenna structure and failing to notify immediately the
       Commission of the ownership change for this structure.

   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 failing to comply with prescribed lighting
       is $10,000 and for failing to file required forms 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 ERF Wireless 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, ERF  Wireless, Inc.  is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of thirteen  thousand dollars ($13,000) for violations of
       Sections 17.51(b) 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, ERF 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 credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the 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 Federal Reserve Bank of New York, 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.  20554.8   If you have
       questions, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made, ERF
       Wireless, Inc 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, Houston Office,
       9597 Jones Road, #362, Houston, Texas, 77065  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 ERF Wireless, Inc. at its address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Stephen P. Lee

   Resident Agent,

   Houston Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 17.51(b) and 17.57.

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

   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 17.47(a) of the Rules states that the owner of any antenna
   structure which is registered with the Commission and has been assigned
   lighting specifications ... shall make an observation of the antenna
   structure's lights at least once each 24 hours either visually or by
   observing an automatic properly maintained indicator designed to register
   any failure of such lights, to insure that all such lights are functioning
   properly as required; or alternatively, shall provide and properly
   maintain an automatic alarm system designed to detect any failure of such
   lights and to provide indication of such failure to the owner. 47 C.F.R.
   S: 17.47(a).

   The owner of an antenna structure is required to "report immediately by
   telephone or telegraph to the

   nearest Flight Service Station or office of the FAA 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.

   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(b),
   17.57.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission