Click here for Microsoft Word Version

This document was converted from
WordPerfect or Word to ASCII Text format.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Word or WordPerfect version or Adobe Acrobat version (above).


                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
SpectraSite Communications, Inc.)           File No. EB-00-SF-672
Cary, North Carolina            )        NAL/Acct.No. 20013276002


Adopted:  January 11, 2001                   Released:      
January 16, 2001                          
By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find SpectraSite Communications, Inc. (``SpectraSite''), Cary, 
NC, apparently liable for a forfeiture in the amount of seventeen 
thousand dollars ($17,000) for violations of Section 17.57 and 
Section 17.4(g), of the Commission's rules relating to 
registration of antenna structures.1 Respectively, these sections 
require that radio antenna structure owners report ownership 
changes and properly post antenna structure registration (ASR) 
numbers. We find that during the period of July 21, 2000 through 
October 27, 2000 SpectraSite failed to comply with the 
requirement to 1) change ownership information in three 
instances; and 2) post Antenna Structure Registration Numbers in 
four instances.   A list of the specific violations is attached.  
See Attachment 1. 

                         II.  BACKGROUND

     2.   The Commission's antenna structure painting, lighting 
and registration requirements operate in concert with Federal 
Aviation Administration (``FAA'') regulations to ensure that 
antenna structures do not present hazards to air navigation. 
Generally, our rules require that antenna structures located 
close to airports or that are greater than 200 feet in height 
comply with painting and lighting specifications designed to 
ensure air safety.  We require antenna structure owners to 
register antenna structures with the Commission and post ASR 
numbers at the base of antenna structures to allow for easy 
contact if problems arise.  The Commission's Rules requiring 
antenna structure registration for all antenna structures that 
may pose a hazard to air navigation have been in effect since 
July 1, 1998.2  We have repeatedly advised antenna structure 
owners that all existing, unregistered antenna structures subject 
to our rules must be registered immediately or the owners face a 
monetary forfeiture or other enforcement action.3

     3.   Because of the significant public safety concern 
related to antenna structure registration, Enforcement Bureau 
field agents regularly inspect antenna structures to determine 
compliance with the Commission's registration and antenna 
structure painting and lighting requirements.  During routine 
inspections of antenna structures owned by SpectraSite from July 
21, 2000 to October 27, 2000, Bureau field agents discovered four 
antenna structures that did not have the ASR numbers posted and 
three antenna structures with incorrect ownership information on 
file with the FCC.  These violations are listed by FCC case 
number, date of violation, rules violated, structure location and 
ASR number in Attachment 1.

                        III.  DISCUSSION

     4.   Based on the evidence before us, we find that 

SpectraSite Communications, Inc. apparently willfully and 

repeatedly4 violated Section 17.4(g) and Section 17.57 of the 

Commission's Rules5 by its failure to comply with the 

Commission's Rules regarding the registration of antenna 

structures and posting of antenna structure registration numbers. 

     5.   Section 503(b) of the Act authorizes the Commission to 

assess a forfeiture of up to $11,000 for each violation of the 

Act or of any rule, regulation, or order issued by the Commission 

under the Act.6  In exercising such authority, we are to take 

into account "the nature, circumstances, extent, and gravity of 

the violation and, with respect to the violator, the degree of 

culpability, any history of prior offenses, ability to pay, and 

such other matters as justice may require.''7

     6.   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"), the base amount is $3,000 for each of SpectraSite's 

three failures to file required forms or information (i.e., 

failure to file ownership change information).  The Commission's 

Forfeiture Policy Statement does not establish a base forfeiture 

amount for failure to post the antenna structure registration 

number.8  The Commission has determined that an appropriate base 

amount is $2,000 per violation.9  Application of the base amounts 

to each of the seven violations leads to a proposed forfeiture of 

$17,000.   We find no basis for making any adjustments to this 


                      IV.  ORDERING CLAUSES

     7.    Accordingly, IT IS ORDERED THAT, pursuant to Section 

503(b) of the Act,10 Section 1.80 of the Commission's Rules,11 

and the authority delegated in Sections 0.111 and 0.311 of the 

Commission's Rules,12 SpectraSite Communications, Inc. is hereby 


amount of seventeen thousand dollars ($17,000) for violating 

Section 17.4(g) and Section 17.57 of the Commission's Rules.13

     8.    IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 
of the Commission's Rules,14 within thirty days of the release 
date of this NOTICE OF APPARENT LIABILITY, SpectraSite 
Communications, Inc. SHALL PAY the full amount of the proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

     9.    Payment of the forfeiture may be made by mailing a 
check or similar instrument, payable to the order of the Federal 
Communications Commission, to the Forfeiture Collection Section, 
Finance Branch, Federal Communications Commission, P.O. Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. 20013276002 referenced above.

     10.  The response if any must be mailed to Office of the 
Secretary, Federal Communications Commission, 445 12th Street, 
S.W., Washington, D.C. 20554, ATTN: Enforcement Bureau - 
Technical and Public Safety Division and must include the 
NAL/Acct. No. 20013276002.

     11.   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 

     12.   Requests for payment of the full amount of this Notice 
of Apparent Liability under an installment plan should be sent 
to: Chief, Credit and Debt Management Center, 445 12th Street, 
S.W., Washington, D.C. 20554.15

     13.   IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Maria Gabriel, Manager, FAA/FCC Compliance, 
SpectraSite Communications, Inc., 100 Regency Forest Drive, Suite 
400, Cary, NC 27511.

                              FEDERAL COMMUNICATIONS COMMISSION

                              David H. Solomon
                              Chief, Enforcement Bureau          Attachment #1

Notices of Violation (NOVs) issued  to SpectraSite from July  21, 
2000 to October 27, 2000

 Case Number  Viola-   Rule        Tower City          Comment
               tion    Vio-   Registration Number
               Date   lated
EB-00-AT-     10/27-  17.57  Forsyth, GA            Failed to 
1308          /00            1028029                change 
EB-00-AT-     10/23-  17.57  Fairburn, GA           Failed to 
1297          /00            1021656                change 
EB-00-DT-     9/27/-  17.4(- Washington      Court  Failed to post 
775           00      g)     House, OH              registration 
                             1210479                number
EB-00-OR-     8/21/-  17.4(- Collinsville, MS       Failed to post 
135           00      g)     1214339                registration 
EB-00-DT-     8/16/-  17.4(- Conover, OH            Failed to post 
584           00      g)     1209107                registration 
EB-00-DV-     7/21/-  17.4(- Bernalillo, NM         Failed to post 
413           00      g)     1063675                registration 
                      17.57                         number; Failed 
                                                    to change 


1 47 C.F.R.  17.57 and 17.4(g).

2 47 C.F.R.  17.4(a)(2).

3 Antenna structure owners were required to register existing 
antenna structures as of July 1, 1998 and to register new antenna 
structures prior to construction.  Streamlining the Commission's 
Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995).  
Subsequent to the expiration of the filing period, the Commission 
issued a Public Notice warning antenna structure owners to 
register any unregistered antenna structures subject to our 
requirements immediately or face possible monetary forfeitures or 
other enforcement action.  Public Notice, "No?Tolerance Policy 
Adopted for Unregistered Antenna Structures, 1999 WL 10060 (WTB 

4 Section 312(f)(1) of the Act, 47 U.S.C.  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 ....''  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).  The term ``repeated'' is the commission or 
omission of an act more than once.  47 U.S.C.  312(f)(2).

5 47 C.F.R.  17.4(g) and 17.57.

6 Section 503(b)(2)(B) provides for forfeitures up to $10,000 for 
each violation.  See 47 U.S.C.  503(b); 47 C.F.R.  1.80.  The 
Commission amended its Rules by adding a new subsection to its 
monetary forfeiture provisions that incorporates by reference the 
inflation adjustment requirements contained in the Debt 
Collection Improvement Act of 1996 (Pub. L. 104-134, Sec. 31001, 
110 Stat. 1321), enacted on April 26,  1996.   Thus, the 
statutory maximum pursuant to Section 503(b)(2)(B) increased from 
$10,000 to $11,000.  See amendment of Section 1.80 of the 
Commission's Rules, 12 FCC Rcd 1038 (1997).  

7 47 U.S.C.  503(b)(2)(D); Commission's Forfeiture Policy 
Statement and Amendment of Section 1.80 of the Rules to 
Incorporate the Forfeiture Guidelines, Report and Order, 12 FCC 
Rcd at 17087, 17100-01, para. 27 (1997).

8 The fact that the Guidelines do not specify a base amount does 
not indicate that no forfeiture should be imposed.  The 
Guidelines state that "... any omission of a specific rule 
violation from the . . . [forfeiture guidelines] . . . should not 
signal that the Commission considers any unlisted violation as 
nonexistent or unimportant.  Forfeiture Guidelines, at 17,099, 
para. 22.  The Commission retains the discretion, moreover, to 
depart from the Guidelines and issue forfeitures on a 
case?by?case basis, under its general forfeiture authority 
contained in section 503 of the Act.  Id.

9  American Tower Corporation, FCC 01-9  (released: January 16, 

10 47 U.S.C.  503(b).

11 47 C.F.R.  1.80.

12 47 C.F.R.  0.111, 0.311.

13 47 C.F.R.  17.4(g) and 17.57.

14 47 C.F.R.  1.80.

15 See 47 C.F.R.  1.1914.