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

In the Matter of                        )    File No. EB-01-SJ-

VELOCITEL TOWERS, INC.        )    NAL/Acct. No. 200232680001
F/k/a TowerCel, Inc.                    )
Antenna Structure Registration: 1221688 )    FRN 0005-7959-35
                        FORFEITURE ORDER

  Adopted:  February 6, 2002            Released:   February   8, 


By the Chief, Enforcement Bureau:
                        I.   Introduction

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary  forfeiture  in  the  amount  of  ten  thousand  dollars 
($10,000) against  VelociTel  Towers,  Inc.  (``VelociTel'')  for 
willful violations of Section 17.51(b) of the Commission's  Rules 
(``the  Rules'').1   The  noted  violations  involve  VelociTel's 
failure to  exhibit  the required  medium  intensity  obstruction 
lighting at an antenna tower.

     2.  On October  3, 2001, the  Enforcement Bureau released  a 
Notice of  Apparent Liability  for Forfeiture  (``NAL'')  against 
VelociTel  in  the  amount  of  $20,000.2   VelociTel  filed  its 
response to the NAL on November 2, 2001. 

                         II.  Background

     3.  VelociTel  owns an  antenna  structure (ASR  #  1221688) 
located in Juncos, Puerto Rico.  On  August 2, 3 and 8, 2001,  an 
agent from the Commission's San Juan, Puerto Rico, Resident Agent 
Office (``San  Juan'') observed  that VelociTel  did not  exhibit 
medium intensity obstruction lighting at that antenna  structure.  
The agent determined by consulting  data bases that VelociTel  is 
required to exhibit medium intensity obstruction lighting at that 
antenna tower.

     4.  In  its  August  23,  2001,  response  to  a  Notice  of 
Violation (``NOV'')  issued  by  San Juan  on  August  14,  2001, 
VelociTel stated that it would  have the tower lighting  repaired 
by September 7, 2001.  On October 3, 2001, San Juan released  the 
captioned NAL  against VelociTel  in the  amount of  $20,000  for 
violation of Section 17.51(b) of  the Rules.  The NAL proposed  a 
$20,000 forfeiture rather  the $10,000 base  amount for  lighting 
violations3 on the basis of VelociTel's history of  noncompliance 
with the Commission's  Rules, as  evidenced by an  NOV issued  to 
VelociTel on March 19, 2001, for another of its towers.4

     5.   In its November 2, 2001, response to the NAL, VelociTel 
admits the  violations but  argues that  the proposed  forfeiture 
should  be  remitted  or  mitigated  to  no  more  than  $10,000.  
VelociTel asserts that  its prompt  remedial action  demonstrates 
``good faith or voluntary disclosure'';  that it plans to  invest 
at least $20,000 in an automatic alarm system designed to  detect 
lighting  outages;  that  the   resources  available  for   rapid 
deployment of  an  automatic  alarm system  will  be  reduced  if 
VelociTel must pay the full forfeiture amount; and that investing 
in safety is a better  use for ``scarce resources'' than  payment 
of a forfeiture.

                        III.  Discussion

     6.  The Enforcement Bureau assessed the proposed  forfeiture 
amount in  this  case  in  accordance with  Section  503  of  the 
Communications Act of 1934,  as amended (``Act''),5 Section  1.80 
of the Rules,6 and  The Commission's Forfeiture Policy  Statement 
and Amendment of  Section 1.80  of the Rules  to Incorporate  the 
Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 
FCC Rcd 303 (1999) (``Policy Statement'').  Section 503(b) of the 
Act7  requires  that,  in  examining  VelociTel's  response,  the 
Commission 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 other such matters as justice may require.8

     7.  Section  17.51(b)  of  the Rules  requires  that  medium 
intensity obstruction  lighting  be continuously  exhibited  upon 
antenna structures.   It is  undisputed  that VelociTel  did  not 
comply with this rule.

     8.  We do not agree with VeociTel's arguments for mitigating 
the forfeiture  amount for  its violations  of Section  17.51(b).  
Remedial action  taken  by a  licensee  after notification  of  a 
violation -- such as  the action already  taken by VelociTel  and 
VelociTel's planned deployment  of an automatic  alarm system  -- 
does not mitigate the forfeiture.   See generally KGVL, Inc.,  42 
FCC 2d 258, 259 (1973).  VelociTel's argument that payment of the 
full forfeiture  amount  would  reduce the  funds  available  for 
deployment  of  an  automatic  alarm  system   is  not  relevant.  
VelociTel does  not claim  that  it is  unable  to pay  the  full 
forfeiture amount; indeed, such a claim would require  supporting 
finnacial information, which VelociTel did not provide.

     9.  We find, however, upon review of the facts regarding the 

violations, that a reduction of the forfeiture amount to  $10,000 

is warranted.

                      IV.  Ordering Clauses

     10.  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,9 VelociTel IS LIABLE FOR A MONETARY FORFEITURE in  the 
amount of  $10,000 for  willful violation  of the  provisions  of 
17.51(b) of the Rules.

     11.  Payment of the forfeiture  shall be made in the  manner 
provided for in Section 1.80 of the  Rules 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.10  
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. 200232680001  and FRN  0005-7959-35.  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. 20554.11

     12.   IT IS FURTHER ORDERED  THAT this Order shall be  sent, 
by certified mail,  return receipt requested,  to Christopher  G. 
Wood, Esq., Fleischman  and Walsh, L.L.P.,  at 1400 16th  Street, 
N.W., Washington, D.C. 20036.


                         David H. Solomon
                         Chief, Enforcement Bureau


     1 47 C.F.R.  17.51(b).

     2 Notice of Apparent Liability for Forfeiture, NAL Acct. No. 
200132680001 (Enf.  Bur., San  Juan Office,  released October  3, 

     3 See 47 C.F.R.  1.80(b)(4).

     4 See 47 U.S.C.  503(b)(2)(D).

     5  47 U.S.C.  503.

     6 47 C.F.R.  1.80.

     77 47 U.S.C.  503(b).

     88 47 U.S.C.  503(b)(2)(D).

     9 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

     10 47 U.S.C.  504(a).

     11 See 47 C.F.R.  1.1914.