Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Verizon Wireless (VAW) LLC
Owner of an Antenna Structure in Hartwell, GA
Alpharetta, GA
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File No. EB-09-AT-0030
NAL/Acct. No. 200932480002
FRN 0006945687
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: September 18, 2009
By the District Director, Atlanta Office, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture (“NAL”), we find that Verizon Wireless 
(VAW) LLC (“Verizon”), owner of an antenna structure1 located at 2128 Reed Creek Road, in Hartwell, 
GA, apparently willfully and repeatedly violated Sections 17.4(a) and 17.21(a) of the Commission’s Rules 
(“Rules”) by failing to register its antenna structure with the Commission and failing to paint and light that 
antenna structure.2 We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as 
amended (“Act”), 3 that Verizon is apparently liable for a forfeiture in the amount of thirteen thousand 
dollars ($13,000).
II. BACKGROUND
2. On August 18, 2009, in response to a complaint of an unlit tower, agents from the 
Commission’s Atlanta Field Office of the Enforcement Bureau (“Atlanta Office”) inspected an antenna 
structure located at 2128 Reed Creek Road in Hartwell, GA.  Prior to inspecting the tower, the agents 
confirmed that no antenna structure located at that address was registered in the Commission’s Antenna 
Structure Registration (“ASR”) database.  The agents determined that the antenna structure exceeded 200 
feet in height.  The agents observed that the structure did not have any obstruction marking or lighting and 
that there was no ASR number posted at the structure base.4 The agents contacted the land owner, who 
identified the tower owner as Verizon.  
3. On August 19, 2009, an agent from the Atlanta Office contacted Verizon regarding the 
antenna structure.  Verizon measured the antenna structure and confirmed that the overall height of the 
antenna structure was 205 feet above ground level.  That same day Verizon reduced the antenna structure 
height to 199 feet above ground level by removing the lightning rod from the top of the antenna structure.
  
1 47 C.F.R. §17.2 (a) “The term antenna structure includes the radiating and/or receive system, its supporting 
structures and any appurtenances mounted thereon.”
2 47 C.F.R. §§ 17.4(a), 17.21(a).
3 47 U.S.C. § 503(b).  
4 See 47 C.F.R. § 17.4(g).
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4. On August 20, 2009, Verizon confirmed that the antenna structure was constructed on or 
about March 2004 and that Verizon had owned the tower since its construction.  Verizon also stated that it 
filed for a determination of no hazard from the Federal Aviation Administration (“FAA”) for a planned 
addition of a lightning rod to the tower, which would increase its height to 206 feet above ground level.
III. DISCUSSION
5. Section 503(b) of the Act provides that any person who willfully or repeatedly fails to 
comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply 
with any of the provisions of the Act or of any rule, regulation or order issued by the Commission thereunder, 
shall be liable for a forfeiture penalty.  The term “willful” as used in Section 503(b) of the Act has been 
interpreted to mean simply that the acts or omissions are committed knowingly.5 The term “repeated” means 
the commission or omission of such act more than once or for more than one day.6
6. Section 17.4(a) of the Rules7 requires that effective July 1, 1996, the owner of any proposed 
or existing antenna structure that requires notice of proposed construction to the FAA register the structure 
with the Commission.  Section 17.7(a) of the Rules8 requires that notification to the FAA must be made 
for any construction or alteration of an antenna structure more than 200 feet in height above ground 
level.9  Verizon’s antenna structure in Hartwell, GA required notice of proposed construction to the FAA, 
because it was more than 200 feet in height.  Because it was constructed after 1996, Verizon was required to 
register the structure with the Commission.  There is no evidence that Verizon ever registered the structure 
with the Commission.  Based on the evidence before us, we find that Verizon apparently willfully and 
repeatedly violated Section 17.4(a) of the Rules by failing to register its antenna structure in Hartwell, GA 
from the date the structure was constructed in March 2004 until August 18, 2009. 
7. Section 17.21(a) of the Rules10 requires that antenna structures be painted and lighted 
when they exceed 60.9 meters (200 ft.) in height above ground level or they require special aeronautical 
study.  Section 17.6 of the Rules11 states that the antenna structure owner is responsible for maintaining 
the painting and lighting of an antenna structure.  Verizon’s antenna structure exceeded 200 feet above 
ground level and thus was required to be painted and lighted.  Verizon, as the owner of the antenna 
structure, is responsible for the structure obstruction marking and lighting.  On August 18, 2009, 
Verizon’s antenna structure was not painted or lighted, and there is no evidence that the structure had ever 
been painted or lighted since its construction in 2004.  Based on the evidence before us, we find that 
Verizon apparently willfully and repeatedly violated Section 17.21(a) of the Rules by failing to paint or 
  
5 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 or any rule or regulation of the Commission authorized by this Act….”  
See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
6 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also applies to violations for which forfeitures are 
assessed under Section 503(b) of the Act, provides that “[t]he term 'repeated', when used with reference to the 
commission or omission of any act, means the commission or omission of such act more than once or, if such 
commission or omission is continuous, for more than one day.” 
7 47 C.F.R. § 17.4(a).
8 47 C.F.R. § 17.7(a).
9 But see 47 C.F.R. § 17.14 (listing exemptions from the notification to FAA requirement for structures near natural 
terrain of equal or greater height and structures or objects approved by the Administrator of the FAA for use as 
navigational aids).  None of the exemptions listed in Section 17.14 of the Rules apply to the structure in Hartwell, 
GA.
10 47 C.F.R. § 17.21(a).
11 47 C.F.R. § 17.6.
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light its antenna structure in Hartwell, GA from the date the structure was constructed in March 2004 until 
August 18, 2009.
8. 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”), and Section 1.80 of 
the Rules, the base forfeiture amount for failure to comply with prescribed painting and/or marking is 
$10,000 and for failure to file required forms or information is $3,000. In assessing the monetary forfeiture 
amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(E) of the Act, 
which include the nature, circumstances, extent, and gravity of the violations, and with respect to the 
violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as 
justice may require.12 Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory 
factors to the instant case, we conclude that Verizon is apparently liable for a $13,000 forfeiture.
 
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications 
Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission’s Rules, Verizon 
Wireless (VAW) LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in 
the amount of thirteen thousand dollars ($13,000) for violations of Sections 17.4(a) and 17.21(a) of the 
Rules.13
10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission’s Rules 
within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Verizon Wireless 
(VAW) LLC SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement 
seeking reduction or cancellation of the proposed forfeiture.
11. Payment of the forfeiture must be made by credit card, check or similar instrument, 
payable to the order of the Federal Communications Commission.  The payment must include the 
Account Number and FRN Number referenced above.  Payment by check or money order may be mailed 
to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.  Payment by 
overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 
Convention Plaza, St. Louis, MO 63101.  Payment by wire transfer may be made to ABA Number 
021030004, receiving bank TREAS/NYC, and account number 27000001.  For payment by credit card, 
an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter 
the NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in 
block number 24A (payment type code).  Requests for full payment under an installment plan should be 
sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, 
Washington, D.C. 20554.8  If you have questions, please contact the Financial Operations Group Help 
Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov.  If payment is made, Verizon will send 
electronic notification on the date said payment is made to SCR-Response@fcc.gov.
12. The response, if any, must be mailed to Federal Communications Commission, 
Enforcement Bureau, South Central Region, 3575 Koger Blvd, Ste 320, Duluth, GA 30096 and must 
include the NAL/Acct. No. referenced in the caption.  
13. 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; 
  
12 47 U.S.C. § 503(b)(2)(E).
13 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80, 17.4(a), 17.21(a).
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(2) financial statements prepared according to generally accepted accounting practices ("GAAP"); 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.  
14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for 
Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Verizon Wireless 
(VAW) LLC, at its address of record. 
FEDERAL COMMUNICATIONS COMMISSION
Douglas Miller
District Director 
Atlanta Office
South Central Region
Enforcement Bureau