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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
                                                                             
     In the Matter of                        )                               
                                                                             
     Verizon Wireless (VAW) LLC              )      File No.  EB-09-AT-0030  
                                                                             
     Owner of an Antenna Structure in        )   NAL/Acct. No. 200932480002  
     Hartwell, GA                                                            
                                             )              FRN  0006945687  
     Alpharetta, GA                                                          
                                             )                               
                                                                             
                                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                Released: September  18, 2009

   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 Verizon Wireless  (VAW) LLC ("Verizon"), owner of an antenna
       structure located at 2128 Reed Creek Road, in Hartwell, GA, apparently
       willfully and repeatedly violated Sections 17.4(a) and 17.21(a) of the
       Commission's Rules ("Rules") by failing to register its antenna
       structure with the Commission and failing to paint and light that
       antenna structure.  We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"),  that Verizon is
       apparently liable for a forfeiture in the amount of thirteen thousand
       dollars ($13,000).

   II. BACKGROUND

    2. On August 18, 2009, in response to a complaint of an unlit tower,
       agents from the Commission's Atlanta Field Office of the Enforcement
       Bureau ("Atlanta Office") inspected an antenna structure located at
       2128 Reed Creek Road in Hartwell, GA. Prior to inspecting the tower,
       the agents confirmed that no antenna structure located at that address
       was registered in the Commission's Antenna Structure Registration
       ("ASR") database. The agents determined that the antenna structure
       exceeded 200 feet in height. The agents observed that the structure
       did not have any obstruction marking or lighting and that there was no
       ASR number posted at the structure base. The agents contacted the land
       owner, who identified the tower owner as Verizon.

    3. On August 19, 2009, an agent from the Atlanta Office contacted Verizon
       regarding the antenna structure. Verizon measured the antenna
       structure and confirmed that the overall height of the antenna
       structure  was 205 feet above ground level.  That same day Verizon
       reduced the antenna structure height to 199 feet above ground level by
       removing the lightning rod from the top of the antenna structure.

    4. On August 20, 2009, Verizon confirmed that the antenna structure was
       constructed on or about March 2004 and that Verizon had owned the
       tower since its construction. Verizon also stated that it filed for a
       determination of no hazard from the Federal Aviation Administration
       ("FAA") for a planned addition of a lightning rod to the tower, which
       would increase its height to 206 feet above ground level.

   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(a) of the Rules  requires that effective July 1, 1996,
       the owner of any proposed or existing antenna structure that requires
       notice of proposed construction to the FAA register the structure with
       the Commission.  Section 17.7(a) of the Rules requires that
       notification to the FAA must be made for any construction or
       alteration of an antenna structure more than 200 feet in height above
       ground level.  Verizon's antenna structure in Hartwell, GA required
       notice of proposed construction to the FAA, because it was more than
       200 feet in height. Because it was constructed after 1996, Verizon was
       required to register the structure with the Commission. There is no
       evidence that Verizon ever registered the structure with the
       Commission. Based on the evidence before us, we find that Verizon
       apparently willfully and repeatedly violated Section 17.4(a) of the
       Rules by failing to register its antenna structure in Hartwell, GA
       from the date the structure was constructed in March 2004 until August
       18, 2009. 

    7. Section 17.21(a) of the Rules requires that antenna structures be
       painted and lighted when they exceed 60.9 meters (200 ft.) in height
       above ground level or they require special aeronautical study. 
       Section 17.6 of the Rules states that the antenna structure owner is
       responsible for maintaining the painting and lighting of an antenna
       structure. Verizon's antenna structure exceeded 200 feet above ground
       level and thus was required  to be painted and lighted.   Verizon,  as
       the owner of the antenna structure, is responsible for the structure
       obstruction marking and lighting.  On August 18, 2009, Verizon's
       antenna structure was not painted or lighted, and there is no evidence
       that the structure had ever been painted or lighted since its
       construction in 2004. Based on the evidence before us, we find that
       Verizon apparently willfully and repeatedly violated Section 17.21(a)
       of the Rules by failing to paint or light its antenna structure in
       Hartwell, GA from the date the structure was constructed in March 2004
       until August 18, 2009.

    8. 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 painting
       and/or marking is $10,000 and for 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
       Verizon  is apparently liable for a $13,000 forfeiture.

   IV. ORDERING CLAUSES

    9. 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, Verizon  Wireless (VAW) LLC
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of  thirteen  thousand dollars ($13,000) for violations of
       Sections 17.4(a) and 17.21(a)  of the Rules.

   10. 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, Verizon  Wireless (VAW)
       LLC SHALL PAY the full amount of the proposed forfeiture or SHALL FILE
       a written statement seeking reduction or cancellation of the proposed
       forfeiture.

   11. 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 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.  20554.8   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, Verizon  will send electronic
       notification on the date said payment is made to 
       SCR-Response@fcc.gov.

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

   13. 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.

   14. 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 Verizon  Wireless (VAW) LLC, at its
       address of record. 

   FEDERAL COMMUNICATIONS COMMISSION

   Douglas Miller

   District Director

   Atlanta Office

   South Central  Region

   Enforcement Bureau

   47 C.F.R. S:17.2 (a) "The term antenna structure includes the radiating
   and/or receive system, its supporting structures and any appurtenances
   mounted thereon."

   47 C.F.R. S:S: 17.4(a), 17.21(a).

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

   See 47 C.F.R. S: 17.4(g).

   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: 17.4(a).

   47 C.F.R. S: 17.7(a).

   But see 47 C.F.R. S: 17.14 (listing exemptions from the notification to
   FAA requirement for structures near natural terrain of equal or greater
   height and structures or objects approved by the Administrator of the FAA
   for use as navigational aids). None of the exemptions listed in Section
   17.14 of the Rules apply to the structure in Hartwell, GA.

   47 C.F.R. S: 17.21(a).

   47 C.F.R. S: 17.6.

   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(a),
   17.21(a).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission