Federal Communications Commission DA 08-516
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Pinnacle Towers LLC
Hicksville, New York
ASR #1017802
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File Number:  EB-06-NY-014
NAL/Acct. No. 200732380004
FRN 0006 1561 11
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")1 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 #1017802.2 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 
  
1 47 C.F.R. § 17.57.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732380004 (Enf. Bur., New York Office, released  
December 21, 2006).
Federal Communications Commission DA 08-516
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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,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 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
  
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).