*Pages 1--2 from Microsoft Word - 24572.doc* Federal Communications Commission DA 03- 217 Before the Federal Communications Commission Washington, D. C. 20554 ) In the Matter of ) ) Verizon Wireless (VAW) LLC ) File No.: EB- 02- DV- 118 ) NAL/ Acct. No. 200332800002 Owner of Antenna Structure #1001987 ) FRN 0003- 8003- 07 Colorado Springs, Colorado ) FORFEITURE ORDER Adopted: January 28, 2003 Released: January 30, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of ten thousand dollars ($ 10,000) to Verizon Wireless (VAW) LLC (“ Verizon Wireless”), the registered owner of Antenna Structure #1001987 in Colorado Springs, Colorado, for willful and repeated violation of Sections 17.23 and 17. 50 of the Commission’s Rules (“ Rules”). 1 The noted violations involve Verizon Wireless’ failure to comply with the painting specifications required for the registered structure and failing to repaint the structure as often as necessary in order to maintain good visibility. 2. On October 29, 2002, the District Director of the Commission’s Denver, Colorado Field Office (“ Denver Office”) issued a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of $10,000 to Verizon Wireless. 2 Verizon Wireless has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503( b) of the Communications Act of 1934, as amended (“ Act”), 3 and Sections 0.111, 0.311 and 1.80( f)( 4) of the Rules, 4 Verizon Wireless (VAW) LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Sections 17. 23 and 17. 50 of the Rules. 4. 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. 5 Payment shall 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. 200332800002, and FRN 0003- 1 47 C. F. R. §§ 17. 23 and 17.50. 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200332800002 (Enf. Bur., Denver Office, released October 29, 2002). 3 47 U. S. C. § 503( b). 4 47 C. F. R. §§ 0. 111, 0.311, 1.80( f)( 4). 5 47 U. S. C. § 504( a). 1 Federal Communications Commission DA 03- 217 2 8003- 07. 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. 6 5. IT IS FURTHER ORDERED THAT a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Verizon Wireless (VAW) LLC, Attention: Carol King, 30 Independence Boulevard, Warren, NJ 07059. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 6 See 47 C. F. R. § 1.1914. 2