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

In the Matter of                )
AT&T Wireless Services, Inc.    )           File No. EB-00-SF-671
Washington, DC                  )        NAL/Acct.No. 20013276001


  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 AT&T Wireless Services, Inc., (``AT&T Wireless'') 
Washington, DC, apparently liable for a forfeiture in the amount 
of eighteen thousand dollars ($18,000) for nine violations of 
Section 17.4(g) of the Commission's Rules, relating to the 
posting of antenna structure registration numbers.1  
Specifically, the Commission's Rules require that antenna 
structure owners post the Antenna Structure Registration (ASR) 
numbers near the base of an antenna structure.  We find that 
during the period of April 20, 2000 through December 7, 2000, 
AT&T Wireless failed to comply with this requirement in nine 
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 AT&T Wireless, from 
April 20, 2000 to December 7, 2000, Bureau field agents 
discovered nine antenna structures that did not have the ASR 
numbers posted as required.  These antenna structures are 
identified by FCC case number, violation date, structure 
geographic location and ASR number in Attachment 1. 

                        III.  DISCUSSION

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

Wireless apparently willfully and repeatedly4 violated Section 

17.4(g) of the Commission's Rules5 by its failure to comply with 

the Commission's Rules regarding the posting of antenna structure 

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

assess a forfeiture of up to $110,000 for each violation of the 

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

under the Act by a common carrier.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.   The Commission's Forfeiture Policy Statement and 

Amendment of Section 1.80 of the Rules to Incorporate the 

Forfeiture Guidelines ("Forfeiture Policy Statement")8 does not 

establish a base forfeiture amount for failure to post the 

antenna structure registration number.9 The Commission has 

determined that an appropriate base amount is $2,000 per 

violation.10  Application of that base amount to each of AT&T 

Wireless' violations would lead to a proposed forfeiture of 

$18,000.  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,11 Section 1.80 of the Commission's Rules,12 

and the authority delegated in Sections 0.111 and 0.311 of the 

Commission's Rules,13 AT&T Wireless Services, Inc. is hereby 


amount of eighteen thousand dollars ($18,000) for violating 

Section 17.4(g) of the Commission's Rules14.

     8.    IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 
of the Commission's Rules,15 within thirty days of the release 
Services, 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. 20013276001 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. 20013276001.

     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; 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.

     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. 20554.16

     13.   IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to David Jatlow, Vice President, Regulatory Affairs, 
AT&T Wireless Services, Inc. at Fourth Floor, 1150 Connecticut 
Avenue, NW, Washington, DC 20036.

                              FEDERAL COMMUNICATIONS COMMISSION

                              David H. Solomon
                              Chief, Enforcement Bureau                                   Attachment  #1

Case Number  Violation    Tower Location   ASR Number
EB-00-PO-    12/07/00     Vancouver, WA    1015212
EB-00-AN-    9/14/00      Glenallen, AK    1013266
EB-00-AN-    8/30/00      Kenai, AK        1002894
EB-00-TP-    8/10/00      Durbin, FL       1029363
EB-00-DL-    7/27/00      Bowie, TX        1002061
EB-00-PO-    6/21/00      Portland, OR     1004054
EB-00-DV-    4/27/00      Denver, CO       1020065
EB-00-DV-    4/27/00      Watkins, CO      1023350
EB-00-TP-    4/20/00      Fernandina       1029321
366                       Beach, FL


1 47 C.F.R.  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 
staff 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 
1999)."  In  addition,  in  June  and  July  1999,  the  Wireless 
Telecommunications Bureau  sent  letters to  licensees  informing 
them that  the Commission  had no  valid registration  for  their 
antenna site and that owners and, to the extent they were liable, 
tenants could  face  monetary  forfeitures  for  structures  that 
remained unregistered.

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'' means 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)

6 Section 503(b)(2)(B)  provides for forfeitures  up to  $100,000 
for each violation by a common carrier.  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 $100,000  to $110,000.  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)

8 12 FCC Rcd 17087 (1997), recon. denied 15 FCC Rcd 303 (1999)

9 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.

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

11 47 U.S.C.  503(b).

12 47 C.F.R.  1.80.

13 47 C.F.R.  0.111, 0.311.

14 47 C.F.R.  17.4(g)

15 47 C.F.R.  1.80.

16 See 47 C.F.R.  1.1914.