******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

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
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                            )                               
                                                            
                            )                               
     In the Matter of                                       
                            )   File Number: EB-06-NY-014   
     Pinnacle Towers LLC                                    
                            )   NAL/Acct. No. 200732380004  
     Hicksville, New York                                   
                            )   FRN 0006 1561 11            
     ASR #1017802                                           
                            )                               
                                                            
                            )                               


                                     ORDER

   Adopted: March 6, 2008 Released: March 12, 2008

   By the Acting Regional Director, Northeast Region, Enforcement Bureau:

   I. INTRODUCTION AND BACKGROUND

    1. In this Order ("Order"), we cancel a proposed forfeiture  in the
       amount of three thousand dollars ($3,000) issued to Pinnacle Towers
       LLC ("Pinnacle") for apparent willful and repeated violation of
       Section 17.57 of the Commission's Rules ("Rules") for failing to
       immediately notify the Commission of a change in ownership of an
       antenna structure.

    2. On December 21, 2006, the Commission's New York Field Office issued a
       Notice of Apparent Liability for Forfeiture ("NAL") in the amount of
       $3,000 to Pinnacle for failure to notify the Commission of a change in
       the ownership of antenna structure #1017802. Pinnacle submitted a
       response to the NAL on January 25, 2007 and reports that Holmes Farm
       LLC ("Holmes") owns the tower.

   II. DISCUSSION

    3. During the course of the FCC's investigation into the ownership of
       antenna structure #1017802, the central issue had been whether
       Pinnacle or Holmes owned the tower. Holmes appeared to own the real
       property, but it was unclear whether Holmes or Pinnacle owned the
       tower. The New York Office ultimately issued the NAL to Pinnacle
       because (1) after an FCC agent contacted Pinnacle regarding the
       ownership information in the FCC's antenna structure registration
       ("ASR") database, Pinnacle filed an FCC Form 854 updating the ASR
       database to reflect Pinnacle's apparent ownership of antenna structure
       # 1017802 and (2) Holmes submitted a Memorandum of Lease and Consent
       and a Purchase Agreement that appeared to confirm that Pinnacle owned
       the tower, though not the real property. Pinnacle now claims that it
       submitted an ownership change with the FCC "prematurely," before fully
       investigating the tower's ownership. The documentation submitted by
       Pinnacle in response to the NAL shows that Holmes is in fact the
       actual owner of the tower. In addition, Holmes confirmed its ownership
       of the tower in response to a Letter of Inquiry issued by the New York
       Office on February 8, 2008, and Holmes is now listed in the FCC's ASR
       database as the tower's registered owner. Accordingly, we conclude
       that the NAL issued to Pinnacle must be cancelled and a Notice of
       Apparent Liability for Forfeiture in the amount of $3,000 is being
       issued on this date to Holmes.

   III. ORDERING CLAUSES

    4. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
       1.80(f)(4) of the Rules, the Notice of Apparent Liability for
       Forfeiture issued to Pinnacle Towers LLC IS HEREBY CANCELLED.

    5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
       Certified Mail, Return Receipt Requested, and regular mail, to
       Pinnacle Towers LLC at its address of record and to counsel for
       Pinnacle Towers LLC at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   G. Michael Moffitt

   Acting Regional Director, Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 17.57.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732380004
   (Enf. Bur., New York Office, released December 21, 2006).

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

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 08-516

                                       2

   Federal Communications Commission DA 08-516