Subject: [NEXTEL-1] FCC FINES WESTERN WIRELESS $200,000 FOR UNAUTHORIZED OPERATION-

From: Marcel <[email-masked]>
Date: Tue, 13 May 2003 07:54:24 -0400

FOR IMMEDIATE RELEASE:    NEWS MEDIA CONTACT:
May 12, 2003       David Fiske at (202) 418-0500

FCC PROPOSES TO FINE WESTERN WIRELESS $200,000 FOR UNAUTHORIZED OPERATION RESULTING FROM
NONCOMPLIANCE WITH ENVIRONMENTAL RULES

Washington, D.C. – Today, the Commission released a Notice of Apparent Liability for
Forfeiture (“NAL”) proposing that Western Wireless Corporation and its wholly owned
subsidiary, WWC Holding Co., Inc. (collectively “Western”), be held liable for a $200,000
forfeiture for operating radio transmitting equipment from an unauthorized location in
violation of the Communications Act.

 Western constructed a 180-foot tower on a ridge overlooking Medora, North Dakota, near
sites that are listed or eligible for listing in the National Register of Historic Places
(“National Register”).  The NAL concludes that Western’s tower significantly affects these
Historic Properties and that Western was required to comply with the Commission’s
environmental rules and obtain authorization prior to constructing its tower and operating
from the tower.  As a result, Western did not have authority to operate its tower and its
continued unauthorized operation apparently violates Section 301 of the Communications
Act.  The Commission, therefore, proposes that Western be held liable for a $200,000
forfeiture.

This is the first case in which the Commission has proposed a monetary forfeiture for an
unlawful operation that stems from an apparent failure to comply with the Commission’s
environmental rules.

Action by the Commission on May 6, 2003, by Notice of Apparent Liability for Forfeiture
(FCC 03-109).   Chairman Powell (issuing a separate statement), Commissioners Abernathy,
Copps, Martin and Adelstein.

– FCC –

Enforcement Bureau Contacts: Lisa Fowlkes at (202) 418-7450 or Kathy Harvey at
(202) 418-7514.
TTY:  1 (888) 835-5322

STATEMENT OF
CHAIRMAN MICHAEL K. POWELL

Re: Western Wireless Corporation and WWC Holding Co., Inc., Licensee of Cellular Radio
Station KNKN343, CMA583 – North Dakota 4 – McKenzie RSA; Notice of Apparent Liability for
Forfeiture

I recently announced a comprehensive, proactive approach for addressing the Commission’s
responsibilities in the communications tower-siting area.  Enforcement action, where
necessary, will be an integral part of this approach as demonstrated by our action today.

As I described in the Action Plan, the siting of communications towers places a number of
worthy, but competing, federal interests in tension -- widespread deployment of advanced
telecommunications networks, the protection of birds and endangered species, aviation
safety, and the preservation of historic and cultural sites, to name a few.  Balancing
these interests requires cooperation from a number of interested parties -- including
state and federal agencies, Indian tribes, environmental groups, and the communications
and tower industries.

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234290A1.doc

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