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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
)
)
FORFEITURE ORDER
Adopted: March 16, 2001 Released: March 19,
2001
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of seventeen thousand dollars
($17,000) against SpectraSite Communications, Inc.
(``SpectraSite'') for willful and repeated violation of Section
17.57 and Section 17.4(g) of the Commission's Rules (``Rules'').1
The violations involved SpectraSite's failure to post antenna
structure registration ("ASR") numbers on three of its towers,
failure to post the correct ASR number on one of its towers, and
failure to notify the Commission of changes in ownership
information for three of its towers.
II. BACKGROUND
2. On January 16, 2001, we issued a Notice of Apparent
Liability (``NAL'') to SpectraSite for $17,000.2 On February
15, 2001, SpectraSite filed a response to the NAL. In its
response, SpectraSite challenges $11,000 of the forfeiture amount
for NOV numbers EB-00-AT-1308 ($3,000), EB-00AT-1297 ($3,000),
EB-00-DV-413 (dated September 6, 2000 for $2,000), and EB-00-DV-
413 (dated September 27, 2000 for $3,000).3 The first two
violations, and the fourth violation, involved failures to change
ownership information. The third violation cited failure to post
the registration number. SpectraSite concedes that it posted the
incorrect number. SpectraSite asserts that the forfeiture
amounts applicable to these violations should be reduced because
it relied upon inaccurate information provided by Nextel, the
previous owner of the towers, which caused it to take the actions
that resulted in the violations.
III. DISCUSSION
3. Section 17.57 of the Rules requires tower owners to
immediately notify the Commission upon any change in ownership.
SpectraSite did not notify the Commission that it was the owner
of the respective towers. Section 17.4(g) of the Rules requires
the ASR number to be displayed in a conspicuous place so that it
is readily visible near the base of the antenna structure.
Having the incorrect number posted does not comport with the
requirements of the rule. SpectraSite acknowledges that the
violations occurred. SpectraSite's contention that it relied
upon Nextel's data to make the requisite filings and postings is
of no consequence. Section 17.2(c) of the Rules explicitly
states that the tower owner is ultimately responsible for
compliance with the rule sections governing antenna structures.4
Assuming that a prior owner complied with the rules does not
constitute good faith compliance with respect to SpectraSite's
own obligations.
4. Finally, SpectraSite points out that its ability to
submit prompt responses to some of the NOVs was hampered by the
fact that the violation notices were sent to Nextel. SpectraSite
requests that the Commission send two copies of violation notices
for tower violations that relate to towers the Commission
believes to be owned by Nextel, one to Nextel and one to
SpectraSite. The Commission will send official correspondence to
the owner of record. As we previously stated, Section 17.57 of
the Rules requires SpectraSite to immediately notify the
Commission of any change in tower ownership. Compliance with
this rule obviates the need to send copies of violation notices
to any entity other than the tower owner of record.
IV. ORDERING CLAUSES
5. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the
Rules,5 SpectraSite Communications, Inc. IS LIABLE FOR A
MONETARY FORFEITURE in the amount of seventeen thousand dollars
($17,000) for violating Sections 17.57 and 17.4(g) of the Rules
by failing to notify the Commission of changes in tower
ownership, failing to post ASR numbers, and in one instance,
failing to post the correct ASR number.
6. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules,6 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.7
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 NAL/Acct.
No. 20013276002. Requests for full payment under an installment
plan should be sent to: Chief, Revenue and Receivables Group, 445
12th Street, S.W., Washington, D.C. 20554.8
7. IT IS FURTHER ORDERED that, a copy of this Forfeiture
Order shall be sent by Certified Mail Return Receipt Requested to
SpectraSite Communications, Inc., 100 Regency Forest Drive, Cary,
North Carolina 27511, and its counsel Dow, Lohnes & Albertson,
Attn: M. Anne Swanson, 1200 New Hampshire Avenue, Suite 800,
Washington, DC 20036.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 17.57 and 17.4(g).
2 SpectraSite Communications, Inc., DA 01-86, released
January 16, 2001.
3 SpectraSite does not challenge the forfeiture amounts
assessed for NOV numbers EB-00-DT-775, EB-00-OR-135, and EB-00-
DT-584.
4 17 C.F.R. § 17.2(c).
5 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
6 47 C.F.R. § 1.80.
7 47 U.S.C. § 504(a).
8 See 47 C.F.R. § 1.1914.