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

In the Matter of                )
VoiceStream PCS I License L.L.C.)           File No. EB-00-PO-272
Bellevue, Washington            )       NAL/Acct.No. 200132920001


Adopted:  February 9, 2001                   Released:      
February 13, 2001

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find VoiceStream PCS I License L.L.C. (``VoiceStream''), 
Bellevue, WA, apparently liable for a forfeiture in the amount of 
twenty-four thousand dollars ($24,000) for twelve 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 June 9, 2000 through December 18, 2000, 
VoiceStream failed to comply with this requirement in twelve 
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 VoiceStream, from June 
9, 2000 to December 18, 2000, Bureau field agents discovered 
twelve antenna structures that did not have the ASR numbers 
posted as required.  These antenna structures are identified by 
FCC case number, date of violation, structure geographic location 
and ASR number in Attachment 1.

                        III.  DISCUSSION

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

VoiceStream PCS I License L.L.C. 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 provides for forfeitures up 

to $100,000 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 

VoiceStream's violations would lead to a proposed forfeiture of 

$24,000.  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 VoiceStream PCS I License L.L.C. is hereby 


amount of twenty-four thousand dollars ($24,000) for violating 

Section 17.4(g) of the Commission's Rules.14

     8.    IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 
of the Commission's Rules,15 within thirty days of the release 
License L.L.C. 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. 200132920001 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. 200132920001.

     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. 20554.16

     13.   IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Dan Menser, Corporate Counsel, VoiceStream PCS I 
License L.L.C. at 12920 SE 38th Street, Bellevue, WA 98006.

                              FEDERAL COMMUNICATIONS COMMISSION

                              David H. Solomon
                              Chief, Enforcement Bureau                                    Attachment #1

 Case Number  Violation      Tower       ASR Number
                 Date       Location
EB-00-PO-     6/9/00      Vancouver,   1047490
096                       WA
EB-00-PO-     6/21/00     Vancouver,   1041076
116                       WA
EB-00-PO-     6/22/00     Vancouver,   1040957
120                       WA
EB-00-PO-     6/28/00     Portland,    1040984
163                       OR
EB-00-PO-     6/22/00     Portland,    1040986
164                       OR
EB-00-PO-     7/27/00     Vancouver,   1041075
171                       WA
EB-00-PO-     12/15/00    Salem, OR    1040819
EB-00-PO-     12/15/00    Salem, OR    1040799
EB-00-PO-     12/15/00    Salem, OR    1040800
EB-00-PO-     12/15/00    Keizer, OR   1047489
EB-00-PO-     12/15/00    Salem, OR    1040826/121-
261                                    439017
EB-00-PO-     12/18/00    Portland,    1040956
272                       OR


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'' 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).

6  See  47 U.S.C. Section 503(b); 47 C.F.R. Section 1.80.  
Pursuant to the Debt Collection Improvement Act of 1996 (Pub. L. 
No. 104?134, Sec. 31001, 110 Stat 1321), the Commission made an 
inflationary adjustment raising the statutory maximum forfeiture 
amount to $120,000.  Amendment of Section 1.80(b) of the 
Commission's Rules, 15 FCC Rcd 18,221 (2000).

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.

17 This tower was re-registered with the FCC on 6/30/00.  Company 
name changed from Western Wireless Corporation to VoiceStream PCS 
I License L.L.C.  A new ASR (1214390) number was assigned.