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


In the Matter of                        )
                              )
TeleCorp Communications, Inc.           )    File Number EB-
00-SJ-108
1010 North Glebe Street                 )
Suite 800                     )
Arlington, Virginia 22201               )    NAL/Acct. No. 
200132680003


                      FORFEITURE ORDER

Adopted: March 5, 2001                       Released: March 
7, 2001

By the Chief, Enforcement Bureau:

                      I.  INTRODUCTION

     1.   In this  Forfeiture Order (``Order''), we  issue a 
monetary forfeiture in the amount of eighty thousand dollars 
($80,000)    against     TeleCorp    Communications,    Inc. 
(``TeleCorp'') for wilfully and repeatedly violating section 
17.51  of the  Commission's Rules  (``Rules'').1  The  noted 
violations involve TeleCorp's failure to properly light four 
of  its antenna  structures.   We also  found that  TeleCorp 
failed  to   notify  the  Federal   Aviation  Administration 
(``FAA'')  of  light  outages   on  four  occasions  between 
February 6, 2000 and November 30, 2000.
 
     2.   On  January  16,   2001,  the  Chief,  Enforcement 
Bureau, issued a Notice  of Apparent Liability (``NAL'') for 
Forfeiture  in   the  amount  of  eighty   thousand  dollars 
($80,000).2  TeleCorp PCS,  Inc., TeleCorp's holding company 
parent, filed  a response  on February 15,  2001, requesting 
that the proposed forfeiture be lowered to $40,000.3

                       II.  BACKGROUND

     3.   On  February 6,  2000,  at 7:30  p.m., a  resident 
agent from the Enforcement  Bureau's San Juan Resident Agent 
Office  observed  a  TeleCorp  owned  antenna  structure  in 
Candelaria Ward, Toa Baja, Puerto Rico.4  The resident agent 
noted that the antenna structure's top red obstruction light 
was not  operating.  The  local San Juan  FAA/Flight Service 
Station (``FSS'') advised the  resident agent that no Notice 
to Airmen (``NOTAM'')5 was in effect for this structure.

     4.   On  September   11,  2000,   an  agent   from  the 
Enforcement  Bureau's New  Orleans Field  Office observed  a 
TeleCorp owned antenna  structure near Raceland, Louisiana.6  
The  agent   noted  that  the  antenna   structure's  medium 
intensity obstruction  light was  not operating.   The local 
DeRidder  FAA/FSS advised  the agent  that no  NOTAM was  in 
effect for this structure.

     5.   On October 21 and 22,  2000, a resident agent from 
the San Juan Resident Agent Office observed a TeleCorp owned 
antenna structure near Barceloneta, Puerto Rico.7  The agent 
noted   that  the   antenna  structure's   medium  intensity 
obstruction  light was  not operating.   The local  San Juan 
FAA/FSS  advised the  resident agent  that no  NOTAM was  in 
effect  for  this  structure.   On  October  31,  2000,  the 
resident agent spoke with a TeleCorp technician who told him 
that TeleCorp  had begun  to repair the  antenna structure's 
lighting on October 30, 2000, and that TeleCorp would notify 
the FAA of the outage for it to issue a NOTAM.  For at least 
ten   days   the   antenna  structure's   medium   intensity 
obstruction  light was  not operating  and no  NOTAM was  in 
effect.    

     6.   On  November 2,  3, 6,  and 15,  2000, a  resident 
agent from  the San  Juan Resident  Agent Office  observed a 
TeleCorp owned antenna structure  near Juncos, Puerto Rico.8  
The resident agent noted that the antenna structure's medium 
intensity obstruction  lights were  not operating.   A local 
San Juan FAA/FSS agent and a TeleCorp representative advised 
the resident agent that a  NOTAM for this structure had been 
issued on November 21, 2000.
           
                      III.  DISCUSSION

     7.   TeleCorp does not contest the agents' observations 
that its  four antenna  structures did  not comply  with our 
lighting  requirements set  forth  in section  17.51 of  the 
Rules.

          (a)  All red  obstruction lighting shall 
          be  exhibited  from  sunset  to  sunrise 
          unless otherwise specified.

          (b)   All  high   intensity  and  medium 
          intensity obstruction  lighting shall be 
          exhibited continuously  unless otherwise 
          specified.9        
            
Consequently, we turn to TeleCorp's request for reduction of 
the proposed $80,000 forfeiture to $40,000. 

     8.   TeleCorp  argues  three  points in  asking  us  to 
reduce  the  proposed  $80,000   forfeiture,  which  we  had 
increased  from  a $40,000  base  amount  ($10,000 for  each 
lighting violation) to a cumulative total of $80,000 because 
of the seriousness and  repeated nature of the violations.10  
First, TeleCorp contends  that mechanical failures prevented 
its automatic alarm  systems from notifying it  of the light 
outages11  and, as  such, evidence  no pattern  or egregious 
misconduct  or intentional  conduct or  lack of  good faith.  
Section  17.47  of the  Rule's  requires  owners of  antenna 
structures registered  with the FCC and  subject to lighting 
specifications  to  inspect   and  properly  maintain  their 
automatic   alarm   systems.   Specifically,   the   antenna 
structure owner

          (a)(1) 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,

          (2) 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.

          (b)  Shall inspect  at intervals  not to 
          exceed   3  months   all  automatic   or 
          mechanical control  devices, indicators, 
          and  alarm systems  associated with  the 
          antenna  structure  lighting  to  insure 
          that   such  apparatus   is  functioning 
          properly.12

TeleCorp presents no evidence that it had properly inspected 
or maintained its automatic  alarm systems, which would have 
led it to discover the lighting violations.  Although we did 
not  cite TeleCorp  for violation  of section  17.47 of  the 
Rules and do not make a  finding of any such violation here, 
the lack  of any  evidence by TeleCorp  regarding compliance 
with this prophylactic rule undercuts its suggestion of good 
faith  or isolated  misconduct  as a  basis  for a  downward 
adjustment.   Moreover, even  if  the  failures were  wholly 
inadvertent,  the fact  that there  were four  of them  does 
indicate a pattern.  Accordingly, we decline to decrease the 
proposed $80,000 forfeiture.

     9.   Next, TeleCorp  cites our reference in  the NAL to 
American Tower Corp., an antenna structure case in which the 
Commission  stressed the  importance of  complying with  the 
antenna structure  rules because of the  potential danger to 
air traffic safety and doubled the base forfeiture amount to 
$212,000.13   TeleCorp attempts  to distinguish  its conduct 
from  that detailed  in  American Tower  Corp.  However,  we 
cited  American  Tower  Corp.   to  support  our  view  that 
TeleCorp's  violations were  serious and  repeated, and,  as 
such, justified  an upward adjustment from  the $40,000 base 
forfeiture amount.  While fewer violations are at issue here 
than in American  Tower Corp., the violations  here are more 
serious.  Specifically, on  four occasions Commission agents 
found  a lighting  violation, three  of which  occurred well 
after TeleCorp had notice that it had a problem at one site.  
In  contrast,   American  Tower  Corp.  involved   only  one 
violation  for   failure  properly   to  light   an  antenna 
structure.

     10.  TeleCorp's  last  argument  for reduction  of  the 
proposed $80,000  forfeiture is that ``given  its good faith 
in complying with the Commission's lighting requirements and 
instituting   procedures   to   safeguard   against   future 
problems,''  the   forfeiture  amount  is  ``well   above  a 
forfeiture amount necessary to foster compliance or serve as 
a deterrent.''  Contrary to TeleCorp's assertion, it has not 
demonstrated  any good  faith compliance  with the  lighting 
rules.  Additionally,  although it has  apparently rectified 
its  outstanding violations,  we  note  that its  corrective 
action  will  not  excuse   its  past  violations.14   After 
reviewing Section 503(b)(2)(D) of  the Communications Act of 
1934 (``Act''),15  as amended, section 1.80  of the Rules,16 
the facts,  and TeleCorp's response  to the NAL,  we believe 
that the $80,000 forfeiture is warranted.  

                    IV.  ORDERING CLAUSES

     11.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b) of the Act, as amended,17 and sections 0.111, 
0.311, and 1.80(f)(4) of the Rules,18 TeleCorp IS LIABLE FOR 
A MONETARY FORFEITURE in the amount of $80,000 for willfully 
and  repeatedly   violating  Section  17.51  of   the  Rules 
requiring it to have operating antenna structure lighting.19

     12.  Payment  of the  forfeiture shall  be made  in the 
manner provided for  in section 1.80 of  the Rules,20 within 
30 days of the release of  this Order.  If the forfeiture is 
not  paid  within the  period  specified,  the case  may  be 
referred  to  the  Department   of  Justice  for  collection 
pursuant to  section 504(a)  of the  Act.21  Payment  may be 
made by  mailing a check  or similar instrument,  payable to 
the order  of the ``Federal Communications  Commission,'' to 
the  Federal  Communications  Commission,  P.O.  Box  73482, 
Chicago, Illinois  60673-7482.  The payment should  note the 
NAL/Acct. No.  200132680003 referenced above.   Requests for 
full payment  under an installment  plan should be  sent to: 
Chief, Revenue  and Receivables  Operations Group,  445 12th 
Street, S.W., Washington, D.C. 20554.22
     13.  IT IS  FURTHER ORDERED  that copies of  this Order 
shall be sent by Certified  Mail Return Receipt Requested to 
TeleCorp  PCS, Inc.,  1010  North Glebe  Street, Suite  800, 
Arlington,  Virginia  22201,  and  to  its  counsel,  Nicole 
McGinnis, Esq., Wiley, Rein & Fielding, 1776 K Street, N.W., 
Washington, D.C. 20006.

  

                         FEDERAL COMMUNICATIONS COMMISSION
                         



                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

     1 47 C.F.R. § 17.51.

     2   Notice  of   Apparent  Liability   for  Forfeiture, 
NAL/Acct. No. 200132680003 (Enf. Bur., rel. Jan. 16, 2001).

     3 See TeleCorp Response to Notice of Apparent Liability 
for Forfeiture at 1 n.1.  We  will refer to both entities as 
TeleCorp.
      
     4 Antenna Structure Registration Number 1064593.

     5  The  FCC  requires   owners  of  antenna  structures 
registered   with   the   FCC  and   subject   to   lighting 
specifications  to  notify  the  FAA of  ``any  observed  or 
otherwise  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. §  17.48(a).  The  FAA then  issues a 
NOTAM for a period of 15  days advising pilots that there is 
an antenna structure at a specific location with a temporary 
light outage.

     6 Antenna Structure Registration Number 1206008.

     7 Antenna Structure Registration Number 1203643.

     8 Antenna Structure Registration Number 1208552.

     9 47 C.F.R. § 17.51.
      
     10 See 47 C.F.R. § 1.80(b)(4) n. Guidelines for 
Assessing Forfeitures, Section I.¾Base Amounts for Section 
503 Forfeitures.
       
     11 TeleCorp states that it has repaired all the faulty 
equipment and verified that it is operating.
      
     12 47 C.F.R. § 17.47.
      
     13 American Tower Corp., FCC 01-9 (rel. Jan. 16, 2001).
     14 See KGVL, 42 FCC 2d 258, 259 (1973). 
      
     15 47 U.S.C. § 503(b)(2)(D).

     16 47 C.F.R. § 1.80.
      
     17 47 U.S.C. § 503(b).

     18 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
 
     19 47 C.F.R. § 17.51.

     20 47 C.F.R. § 1.80.

     21 47 U.S.C. § 504(a).

     22 See 47 C.F.R. § 1.1914.