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

                        FORFEITURE ORDER

     Adopted:  March 16, 2001                Released:  March 19, 

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.


                         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-

  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.