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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-02-NF-141
)
SpectraSite Communications, ) NAL/Acct. No. 200332640008
Inc. )
) FRN # 0006-1525-73
Cary, North Carolina
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: October 27, 2003 Released: October
31, 2003
By the Commission:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find SpectraSite Communications, Inc.
(``SpectraSite'') apparently liable for a forfeiture in the
amount of one hundred twenty thousand five hundred dollars
($120,500) for willful and repeated violations of Sections 303(q)
of the Communications Act of 1934, as amended (``Act''),1 and
Sections 17.51(b) and 17.4(a) of the Commission's Rules
(``Rules'').2 Specifically, we find SpectraSite apparently
liable for its apparent willful and repeated failure to exhibit
required obstruction lighting and failure to register its antenna
structure.
II. BACKGROUND
2. The Commission's antenna structure construction,
marking and lighting 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 60.96 meters (200
feet) in height comply with painting and lighting specifications
designed to ensure air safety.3 Each new or altered antenna
structure must conform to the FAA's painting and lighting
recommendations as a condition set forth in the structure's FAA
Determination of No Hazard to Air Navigation. The FAA painting
and lighting recommendations are mandatory.4 Because of the
substantial public safety issues involved, we further require
antenna structure owners to monitor lights daily or install
automatic alarm systems to ensure lights function properly.5
Additionally, antenna structure owners must immediately notify
the FAA when certain structure lights malfunction and cannot be
repaired within 30 minutes.6 Upon receipt of such notification,
the FAA then issues a Notice to Airmen (``NOTAM'') advising
pilots of an antenna structure at a specific location with a
temporary light malfunction.
3. For antenna structures that require notice of proposed
construction to the FAA,7 we require the antenna structure owners
to register the structures with the Commission and post Antenna
Structure Registration (``ASR'') numbers at the base of the
antenna structures so that anyone may easily and quickly contact
the owner if problems (e.g., lighting malfunctions) arise.8 In
addition, structure owners must notify the Commission when the
ownership of a structure changes or when ownership information
changes.9 The rules requiring antenna structure registration
have been in effect since 1996.10
4. Commission field agents regularly inspect antenna
structures to determine compliance with the Commission's antenna
structure rules and promptly respond to complaints of unlighted
towers. The FAA also routinely notifies Commission field offices
when owners either fail to report the repair of malfunctioning
lights within 15 days or repeatedly request extension of a NOTAM.
5. During routine inspections of antenna structures owned
by SpectraSite, from July 21, 2000 to October 27, 2000,
Commission field agents discovered four antenna structures that
did not have the ASR numbers posted as required and three antenna
structures for which SpectraSite failed to notify the Commission
of ownership changes. These violations resulted in the
Enforcement Bureau's issuance of an NAL in the amount of $17,000
to SpectraSite on January 16, 2001.11 On March 5, 2001,
Commission field agents discovered an unlighted SpectraSite tower
near Ocala, Florida. This violation of the antenna structure
lighting requirements resulted in the Enforcement Bureau's
issuance of an NAL in the amount of $10,000 to SpectraSite on
April 25, 2001.12 From April 24, 2001 to December 17, 2001,
Commission field agents uncovered further violations of the
Commission's antenna structure rules by SpectraSite, and issued a
number of Notices of Violation, including one instance of failure
to post the ASR number, one instance of failure to register an
antenna structure, and three instances of failure to repair or
replace antenna structure lights, indicators, controls and alarm
systems as soon as practicable. These violations resulted in the
Commission's issuance of an NAL for monetary forfeiture in the
amount of $111,00013 to SpectraSite and a warning that ``future
violations would result in even more serious enforcement action''
on April 25, 2002.14
6. On November 4, 2002, the Commission's Norfolk, Virginia
Resident Agent Office (``Norfolk Office'') received information
that a recently constructed, unpainted, antenna structure located
on Sesame Street in Richmond, Virginia, exhibited no obstruction
lighting.
7. On November 5, 2002, an agent from the Norfolk Office
went to the area of the reported light outage. The agent found
six antenna structures on or near Sesame Street, all within one
kilometer of each other. The tallest structure of the group
(N37-30-45.5, W77-36-3.9), a 312.8 meter tower, appeared recently
constructed, had no ASR number displayed, and exhibited no
obstruction markings or paint. A nearby, 180.9 meter structure
(N37-30-45, W77-36-06) located on Sesame Street bore ASR number
1018227 and exhibited chipped and faded paint. Commission
records indicate that SpectraSite is the owner of the 312.8 meter
antenna structure on Sesame Street and it is assigned the same
ASR number displayed on the nearby 180.9 meter tower which is
also owned by SpectraSite.15 The ASR for the 312.8 meter tower
prescribed that obstruction lighting be continuously exhibited.
The agent observed no lighting exhibited on either of the two
structures. Also on November 5, 2002, the Norfolk Office agent
spoke with a specialist at the FAA Flight Service Station
covering the Richmond, Virginia area. The FAA specialist said
that the station had not received any report of a lighting
malfunction for any antenna structure near the coordinates of the
structures on Sesame Street in Richmond, Virginia. The agent
informed the FAA Specialist that the antenna structure bearing
ASR number 1018227 was not lighted.
8. On November 6 and 7, 2002, the Norfolk Office agent
again observed the taller, unpainted antenna structure on Sesame
Street in Richmond, Virginia, and found all lights on the
structure extinguished. On November 6, 2002, the agent
interviewed an employee of WCVE-TV, Richmond, Virginia, at the
station's studio located at the base of the antenna structures.
The WCVE-TV employee stated that the taller structure was
completed three to four months earlier and that, as far as he
knew, the structure had never exhibited lights.
9. On November 7, 2002, the agent found that the sign with
the ASR number was no longer posted at the shorter 180.9 meter
tower but instead the sign was leaned up against the 312.8 meter
unlighted tower. The agent interviewed the Director of Program
Management for SpectraSite Broadcast Group who stated that
SpectraSite owned both the 180.9 meter structure and the new
312.8 meter structure on Sesame Street in Richmond, Virginia.
The 180.9 meter structure was originally registered with ASR
number 1018227. SpectraSite's Director provided a copy of FCC
Form 854 ``Application for Antenna Structure Registration'' filed
on January 3, 2002. The application was annotated ``Modification
of a registered antenna structure.'' The Director stated that
SpectraSite's plan was to replace the shorter structure with the
newer, taller 312.8 meter structure by February 1, 2003. The
Director provided a copy of FAA Form 7460-2 ``Notice of Actual
Construction or Alteration'' indicating that SpectraSite
completed construction of the 312.8 meter structure on July 17,
2002. He also provided a copy of the FAA's Determination of No
Hazard to Air Navigation that cleared the construction of the
312.8 meter structure provided that the structure exhibited
obstruction lighting.16 Regarding the lack of lighting on the
312.8 meter structure, the Director informed the agent that
during construction, SpectraSite had maintained temporary red
lighting, but he was not sure why the lighting was removed. The
Director also stated that SpectraSite's tower crew had removed
the lighting sometime around the second week in October. Finally
the Director stated that he did not know why the permanent lights
were not exhibited.
10. On January 24, 2003, the Norfolk Office agent
telephonically interviewed the Vice President for Broadcast
Operations of Commonwealth Public Broadcasting Corporation
(``CPBC''), licensee of Station WCVE-TV. CPBC's Vice President
stated that both the 180.9 meter structure and the 312.8 meter
structure remained standing, and that CPBC's plans included the
use of both structures. The Commission's ASR database still
showed ASR number 1018227 to be registered to SpectraSite for a
312.8 meter structure on Sesame Street in Richmond, Virginia, and
no registration for its 180.9 meter structure also on Sesame
Street.
III. DISCUSSION
11. Section 303(q) of the Act states that antenna structure
owners shall maintain the painting and lighting of antenna
structures as prescribed by the Commission. Section 17.21 of the
Rules states that painting and lighting are required for antenna
structures that exceed 60.96 meters, except when it is shown by
the applicant that the absence of such marking would not impair
the safety of air navigation.17 Section 17.51(b) of the Rules
requires that all high intensity and medium intensity obstruction
lighting shall be continuously exhibited unless otherwise
specified. Pursuant to its ASR, Spectrasite's 312.8 meter
antenna structure on Sesame Street in Richmond, Virginia must
exhibit high intensity white obstruction lighting. In addition,
the FAA's Determination of No Hazard to Air Navigation for
SpectraSite's 312.8 meter structure conditioned that
determination on the structure being lighted. The FAA's
specifications are made mandatory by Section 17.23 of the
Rules.18 SpectraSite completed construction of this structure on
July 17, 2002. During our inspections on November 5, 6, and 7,
2002, SpectraSite failed to exhibit any of the required
obstruction lighting on its 312.8 meter structure.19
12. While the 180.9 meter tower also exhibited no lighting,
this does not violate our rules. Pursuant to a request by the
previous owner of the tower, the FAA exempted the tower from its
painting and lighting requirements on April 15, 1988 because it
was shielded by an adjacent structure.20 Accordingly, under
Section 17.21(b) of our rules, we find that the absence of such
marking would not impair the safety of air navigation, and that
our painting and lighting requirements do not apply to this
tower.
13. Section 17.4(a) of the Rules requires that the owner of
any proposed or existing antenna structure that requires notice
of proposed construction to the FAA must register the structure
with the Commission. SpectraSite is the owner of the 180.9 meter
tower originally assigned ASR number 1018227 located on Sesame
Street in Richmond, Virginia. This antenna structure would have
required notice of proposed construction to the FAA because it
exceeds 60.96 meters in height.21 SpectraSite also owns the
312.8 meter antenna structure also located on Sesame Street in
Richmond, Virginia, that it constructed on July 17, 2002 and
which now is assigned ASR number 1018227. Both structures co-
existed from at least July 17, 2002 to January 24, 2003.
SpectraSite's reassignment of the ASR number from its 180.9 meter
tower to its 312.8 meter tower left the 180.9 meter tower
unregistered in violation of Section 17.4(a) of the Rules.
14. Based on the evidence before us, we find that
SpectraSite apparently failed to exhibit required antenna
structure obstruction lighting on its 312.8 meter antenna
structure located on Sesame Street in Richmond, Virginia, on
November 5, 6, and 7, 2002, in willful22 and repeated23 violation
of Section 303(q) of the Act and Section 17.51(b) of the Rules
and apparently failed to register its 180.9 meter antenna
structure located on Sesame Street in Richmond, Virginia, in
willful and repeated violation of Section 17.4(a) of the Rules,
once it shifted ASR number 1018227 from its 180.9 meter structure
to its 312.8 meter structure on March 21, 2002, the date the
Commission authorized SpectraSite's use of ASR number 1018227 for
the new 312.8 meter structure. Because the tower is over 60.96
meters, thus requiring notice of proposed construction to the
FAA, it is still required to be registered.24
15. Section 503(b) of the Act,25 authorizes the Commission
to assess a forfeiture for each willful or repeated violation of
the Act or of any rule, regulation, or order issued by the
Commission under the Act. 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.''26
16. Pursuant to The Commission's Forfeiture Policy
Statement and Amendment of Section 1.80 of the Rules to
Incorporate the Forfeiture Guidelines (``Forfeiture Policy
Statement'')27 and Section 1.80 of the Rules,28 the base
forfeiture amount for failure to comply with prescribed lighting
and marking requirements is $10,000 for each violation. The base
forfeiture amount for failure to file required forms or
information (e.g., failure to file an antenna registration form)
is $3,000 for each violation.
17. Application of the base amounts to SpectraSite's
violations results in an initial proposed forfeiture of $3,000
for failure to register an antenna structure and $10,000 for
failure to comply with prescribed lighting requirements. Thus,
the total base forfeiture amount for SpectraSite's violations is
$13,000.
18. We are concerned with SpectraSite's continued pattern
of antenna structure violations. We have previously stressed the
importance of full compliance with the antenna structure rules
because of the potential danger to air traffic safety, including
the rules designed to enable us to readily locate antenna
structure owners.29 We are particularly troubled that
SpectraSite continues to violate these rules despite receiving
three forfeiture assessments within less than three years for at
least 13 instances of failure to comply with the antenna
structure rules. The prior forfeiture actions put SpectraSite on
notice that the Commission considers violations of the antenna
structure construction, marking, and lighting rules to be serious
safety-related infractions, yet SpectraSite apparently failed to
take adequate steps to ensure its future compliance in this area.
SpectraSite's continuing violation of the antenna structure
requirements evinces a pattern of non-compliance with, and
apparent disregard for, these safety-related rules. Finally,
SpectraSite has been warned that further violations will result
in even more serious enforcement action.30 Accordingly, we
believe an upward adjustment of the base forfeiture amount is
warranted.31 Applying the Forfeiture Policy Statement and
statutory factors (e.g., nature, extent and gravity of the
violation and the history of prior offenses)32 to the instant
case, we conclude that assessment of the maximum statutory
forfeiture amount of $33,000 ($10,000 per day base amount plus
$1,000 per day upward adjustment for prior violations of FCC
requirements) for SpectraSite's apparent violation of Section
17.51(b) of the Rules on November 5, 6, and 7, 2002, and
assessment of the maximum statutory forfeiture amount of $87,500
for its apparent continuing violation, from March 21, 2002,33 of
Section 17.4(a) of the Rules is warranted.34 Therefore, we find
SpectraSite apparently liable for a forfeiture in the amount of
$120,500.35
19. Additionally, we note that a search of the Commission's
ASR database reveals that as of September 16, 2003, SpectraSite
still had not registered its 180.9 meter structure with the
Commission. Accordingly, we will require, pursuant to Section
308(b) of the Act,36 that SpectraSite submit a report to the
Enforcement Bureau within 30 days of the release date of this NAL
demonstrating that it has filed an antenna structure registration
application for its 180.9 meter structure on Sesame Street in
Richmond, Virginia. Moreover, because SpectraSite has a history
of non-compliance with the Commission's antenna structure rules,
pursuant to Section 308(b) of the Act, we will also require
SpectraSite to submit a report to the Enforcement Bureau that
details a plan for ensuring that all of its antenna structures
are in compliance with the Commission's Rules and a plan for
maintaining future compliance. This report shall also be
submitted within 30 days of the release date of this NAL.
20. Finally, we are troubled that our field agents, in the
context of routine enforcement responses and sample inspections,
continue to uncover additional antenna structure rule violations
by SpectraSite. Therefore, to the extent appropriate after its
review of SpectraSite's report, we direct the Enforcement Bureau
to conduct further investigation of SpectraSite's overall level
of compliance with the Commission's antenna structure painting,
lighting and registration requirements and to take or recommend
where appropriate additional enforcement action against
SpectraSite.
IV. ORDERING CLAUSES
21. Accordingly, IT IS ORDERED that, pursuant to Section
503(b) of the Act, and Section 1.80 of the Rules, SpectraSite
Communications, Inc. is hereby NOTIFIED of this APPARENT
LIABILITY FOR A FORFEITURE in the amount of one hundred twenty
thousand five hundred dollars ($120,500) for willfully and
repeatedly violating Section 303(q) of the Act, and Sections
17.51(b) and 17.4(a) of the Rules.
22. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
SpectraSite Communications, Inc. SHALL PAY the full amount of the
proposed forfeiture amount or SHALL FILE a written statement
seeking reduction or cancellation of the proposed forfeiture.
23. IT IS FURTHER ORDERED that, pursuant to Section 308(b)
of the Act, SpectraSite must submit the reports described in
paragraph 20 no later than thirty (30) days from the release date
of this NAL to: Federal Communications Commission, Enforcement
Bureau, Spectrum Enforcement Division, 445 12th Street, S.W.,
Washington, D.C. 20554, Attention: Jacqueline Ellington, Room 7-
728.
24. Payment 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 NAL/Acct. No.
200332640008 and FRN # 0006-1525-73. Requests for payment of the
full amount of this Notice of Apparent Liability under an
installment plan should be sent to: Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W., Washington,
D.C. 20554.37
25. 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 - Spectrum
Enforcement Division and must include the NAL/Acct. No.
200332640008.
26. 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; 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 submitted.
27. Under the Small Business Paperwork Relief Act of 2002,
Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is
engaged in a two-year tracking process regarding the size of
entities involved in forfeitures. If you qualify as a small
entity and if you wish to be treated as a small entity for
tracking purposes, please so certify to us within thirty (30)
days of this NAL, either in your response to the NAL or in a
separate filing to be sent to the Spectrum Enforcement Division.
Your certification should indicate whether you, including your
parent entity and its subsidiaries, meet one of the definitions
set forth in the list provided by the FCC's Office of
Communications Business Opportunities (``OCBO'') set forth in
Attachment A of this Notice of Apparent Liability. This
information will be used for tracking purposes only. Your
response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to Section
503(b) of the Communications Act. If you have questions
regarding any of the information contained in Attachment A,
please contact OCBO at (202) 418-0990.
28. IT IS FURTHER ORDERED that a copy of this NAL shall be
sent by Certified Mail Return Receipt Requested to SpectraSite
Communications, Inc., 100 Regency Forest Drive, Cary, North
Carolina 27511.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
Attachment A
FCC List of Small Entities
As described below, a ``small entity'' may be a small
organization,
a small governmental jurisdiction, or a small business.
(1) Small Organization
Any not-for-profit enterprise that is independently owned
and operated and
is not dominant in its field.
(2) Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages,
school districts, or
special districts, with a population of less than fifty
thousand.
(3) Small Business
Any business concern that is independently owned and
operated and
is not dominant in its field, and meets the pertinent size
criterion described below.
Industry Type Description of Small Business
Size Standards
Cable Services or Systems
Special Size Standard -
Cable Systems Small Cable Company has 400,000
Subscribers Nationwide or Fewer
Cable and Other Program
Distribution $12.5 Million in Annual
Receipts or Less
Open Video Systems
Common Carrier Services and Related Entities
Wireline Carriers and
Service providers
1,500 Employees or Fewer
Local Exchange Carriers,
Competitive Access
Providers, Interexchange
Carriers, Operator Service
Providers, Payphone
Providers, and Resellers
Note: With the exception of Cable Systems, all size
standards are expressed in either millions of dollars or
number of employees and are generally the average annual
receipts or the average employment of a firm. Directions
for calculating average annual receipts and average
employment of a firm can be found in
13 CFR 121.104 and 13 CFR 121.106, respectively.
International Services
International Broadcast
Stations
$12.5 Million in Annual
Receipts or Less
International Public Fixed
Radio (Public and Control
Stations)
Fixed Satellite
Transmit/Receive Earth
Stations
Fixed Satellite Very Small
Aperture Terminal Systems
Mobile Satellite Earth
Stations
Radio Determination
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
Mass Media Services
Television Services
$12 Million in Annual Receipts
or Less
Low Power Television
Services and Television
Translator Stations
TV Auxiliary, Special
Broadcast and Other Program
Distribution Services
Radio Services
$6 Million in Annual Receipts
or Less
Radio Auxiliary, Special
Broadcast and Other Program
Distribution Services
Multipoint Distribution Auction Special Size Standard -
Service Small Business is less than
$40M in annual gross revenues
for three preceding years
Wireless and Commercial Mobile Services
Cellular Licensees
1,500 Employees or Fewer
220 MHz Radio Service -
Phase I Licensees
220 MHz Radio Service - Auction special size standard -
Phase II Licensees Small Business is average gross
revenues of $15M or less for
the preceding three years
(includes affiliates and
controlling principals)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and
controlling principals)
700 MHZ Guard Band Licensees
Private and Common Carrier
Paging
Broadband Personal
Communications Services 1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal Auction special size standard -
Communications Services Small Business is $40M or less
(Block C) in annual gross revenues for
three previous calendar years
Very Small Business is average
gross revenues of $15M or less
for the preceding three
calendar years (includes
affiliates and persons or
entities that hold interest in
such entity and their
affiliates)
Broadband Personal
Communications Services
(Block F)
Narrowband Personal
Communications Services
Rural Radiotelephone Service 1,500 Employees or Fewer
Air-Ground Radiotelephone
Service
800 MHz Specialized Mobile Auction special size standard -
Radio Small Business is $15M or less
average annual gross revenues
for three preceding calendar
years
900 MHz Specialized Mobile
Radio
Private Land Mobile Radio 1,500 Employees or Fewer
Amateur Radio Service N/A
Aviation and Marine Radio
Service 1,500 Employees or Fewer
Fixed Microwave Services
Small Business is 1,500
Public Safety Radio Services employees or less
Small Government Entities has
population of less than 50,000
persons
Wireless Telephony and
Paging and Messaging 1,500 Employees or Fewer
Personal Radio Services N/A
Offshore Radiotelephone 1,500 Employees or Fewer
Service
Wireless Communications Small Business is $40M or less
Services average annual gross revenues
for three preceding years
Very Small Business is average
gross revenues of $15M or less
for the preceding three years
39 GHz Service
Auction special size standard
(1996) -
Multipoint Distribution Small Business is $40M or less
Service average annual gross revenues
for three preceding calendar
years
Prior to Auction -
Small Business has annual
revenue of $12.5M or less
Multichannel Multipoint
Distribution Service $12.5 Million in Annual
Receipts or Less
Instructional Television
Fixed Service
Auction special size standard
(1998) -
Local Multipoint Small Business is $40M or less
Distribution Service average annual gross revenues
for three preceding years
Very Small Business is average
gross revenues of $15M or less
for the preceding three years
First Auction special size
standard (1994) -
Small Business is an entity
that, together with its
affiliates, has no more than a
218-219 MHZ Service $6M net worth and, after
federal income taxes (excluding
carryover losses) has no more
than $2M in annual profits each
year for the previous two years
New Standard -
Small Business is average gross
revenues of $15M or less for
the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Satellite Master Antenna
Television Systems $12.5 Million in Annual
Receipts or Less
24 GHz - Incumbent Licensees 1,500 Employees or Fewer
24 GHz - Future Licensees Small Business is average gross
revenues of $15M or less for
the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Miscellaneous
On-Line Information Services $18 Million in Annual Receipts
or Less
Radio and Television
Broadcasting and Wireless
Communications Equipment 750 Employees or Fewer
Manufacturers
Audio and Video Equipment
Manufacturers
Telephone Apparatus
Manufacturers (Except 1,000 Employees or Fewer
Cellular)
Medical Implant Device 500 Employees or Fewer
Manufacturers
Hospitals $29 Million in Annual Receipts
or Less
Nursing Homes $11.5 Million in Annual
Receipts or Less
Hotels and Motels $6 Million in Annual Receipts
or Less
Tower Owners (See Lessee's Type of Business)
_________________________
1 47 U.S.C. § 303(q).
2 47 C.F.R. §§ 17.51(b) and 17.4(a).
3 47 C.F.R. § 17.21.
4 47 C.F.R. § 17.23.
5 47 C.F.R. § 17.47.
6 47 C.F.R. § 17.48.
7 47 C.F.R. § 17.7.
8 47 C.F.R. § 17.4.
9 47 C.F.R. § 17.57.
10 Antenna structure owners were required to register existing
antenna structures during a two-year filing period between July
1, 1996 and June 30, 1998, and to register new antenna structures
prior to construction. Streamlining the Commission's Antenna
Structure Clearance Procedure, 11 FCC Rcd 4272 (1995).
11SpectraSite Communications, Inc., 16 FCC Rcd 809 (Enf. Bur.
2001), forfeiture ordered, 16 FCC Rcd 6773 (Enf. Bur. 2001) (paid
in full).
12 SpectraSite Communications, Inc., (Enf. Bur., Tampa Office
rel. Apr. 25, 2001), forfeiture ordered, 16 FCC Rcd 17668 (Enf.
Bur. 2001) (paid in full).
13 SpectraSite Communications, Inc., 17 FCC Rcd 7884 (2002),
request for partial reduction granted, 17 FCC Rcd 19900 (2002)
($6,000 forfeiture amount for failure to post the ASR cancelled,
remaining amount paid).
14 Id. at 7884.
15 It appears from the record that when SpectraSite modified
its ASR number 1018227 to register its newly built 312.8 meter
structure, it left unregistered its 180.9 meter structure, which
had been originally been assigned ASR number 1018227.
16 FAA, Determination of No Hazard to Air Navigation,
Aeronautical Study Number 99-AEA-0874-OE, issued May 24, 2000.
17 47 C.F.R. § 17.21.
18 47 C.F.R. § 17.23.
19 On November 7, 2002, after the inspection, the agent received
information from SpectraSite that it had finished the lighting
connections and the antenna structure was lighted on that date.
20 See Letter to Central Virginia Educational Television
Corporation from FCC - Antenna Survey Branch (April 15, 1988).
21 47 C.F.R. § 17.7.
22 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 4387-88 (1991).
23 As provided by 47 U.S.C. § 312(f)(2), a continuous violation
is ``repeated'' if it continues for more than one day. The
Conference Report for Section 312(f)(2) indicates that Congress
intended to apply this definition to Section 503 of the Act as
well as Section 312. See H.R. Rep. 97th Cong. 2d Sess. 51
(1982). See Southern California Broadcasting Company, 6 FCC Rcd
4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd
10319 at fn 56 (2003).
24 See 47 C.F.R. §§ 17.4 and 17.7.
25 47 U.S.C. § 503(b).
26 47 U.S.C. § 503(b)(2)(D).
27 12 FCC Rcd 17087 (1997), recon. denied 15 FCC Rcd 303 (1999).
28 47 C.F.R. § 1.80.
29 AT&T Wireless Services, Inc., 17 FCC Rcd 7891, 7896 (2002),
forfeiture ordered, 17 FCC Rcd 21866 (2002) (forfeiture amount
reduced from $153,000 to $117,000).
30 See, e.g., SpectraSite Communications, Inc., 17 FCC Rcd 7884
at 7884.
31 Cf. SpectraSite Communications, Inc., 17 FCC Rcd 7884 at 7889
(base forfeiture amount tripled); AT&T Wireless Services, Inc.,
17 FCC Rcd at 7896 (base forfeiture amount tripled); TeleCorp
Communications, Inc., 16 FCC Rcd 805, 807 (Enf. Bur. 2001) (base
forfeiture amount doubled).
32 See also 47 C.F.R. § 1.80, Note to paragraph (b)(4): Section
II. Adjustment Criteria for Section 503 Forfeitures.
33 The NAL covers only the portion of this period within one year
of the release date of this NAL.
34 See 47 C.F.R. § 1.80(b)(3).
35 We note that the Wireless Telecommunications Bureau recently
announced a 60-day amnesty period to owners of antenna structures
identified in its initial quarterly audit who may be in violation
of the Commission's antenna structure registration rules. See
Public Notice, Wireless Telecommunications Bureau Announces 60-
Day Amnesty for Structures Identified in Initial Quarterly Audit
of Antenna Structures, DA 03-2411 (released July 23, 2003). The
two antenna structures involved in this proceeding are not among
those for which amnesty has been granted. Furthermore,
SpectraSite can not claim it is unaware of its responsibilities
regarding antenna registration because SpectraSite has been
informed by our prior enforcement actions (which included
registration violations) of its responsibilities for meeting the
requirements of our tower rules.
36 47 U.S.C. § 308(b).
37 See 47 C.F.R. § 1.1914.