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                              Before The
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )
                                )       File No. EB-02-DT-987
CenturyTel Wireless of Michigan ) 
RSA #1&2, Inc.                  )       NAL/Acct. No. 
200332360002
                                )
Vancouver, Washington           )       FRN: 0004-5240-96
                                   

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:   November 
08, 2002

By the District Director, Detroit Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find that CenturyTel Wireless of Michigan RSA #1&2, 
Inc. (``CenturyTel''), has apparently violated Section 303(q)  of 
the Communications  Act  of  1934  (``Act''),  as  amended,1  and 
Sections 17.48(a) and  17.51(b) of the  Commission's Rules2  (the 
``Rules'') by  failing to  exhibit  top obstruction  lighting  on 
their tower, and  failing to  report it's outage  to the  nearest 
Flight  Service  Station  or  office  of  the  Federal   Aviation 
Administration  (``FAA'').   We   conclude  that  CenturyTel   is 
apparently liable  for a  forfeiture in  the amount  of  thirteen 
thousand dollars ($13,000).

                         II.  BACKGROUND

     2.   On July  30,  2002,  agents  from  the  Detroit  Office 
conducted an inspection of the  antenna structure located at  the 
junction of  Hwy.  M77  and Hwy.  M28  Seney,  Michigan,  Antenna 
Structure Registration  Number  (``ASR'')  1013927,  (located  at 
north latitude 46 20' 36'', west longitude 085 57' 38'').   The 
tower exceeds 200 feet in height and must, therefore, be  painted 
and illuminated in accordance with  Section 17.21 of the  Rules.3  
The agents observed that the top obstruction light was not on  or 
flashing.  The FCC agents returned on August 1, 2002 to the tower 
site and again observed that the top obstruction light was not on 
or flashing. 

     3.   On August 6, 2002, an FCC agent placed a telephone call 
to the  FAA  Flight Service  Station  in Lansing,  Michigan,  and 
determined that CenturyTel had not notified the FAA of the  tower 
light outage.

                        III.  DISCUSSION

     4.   Section 303(q) of the  Act, as amended, requires  tower 
owners to maintain the painting and/or illumination of the  tower 
as prescribed  by  the  Commission.   Section  17.48(a)  requires 
reporting the tower light outage to the FAA and Section  17.51(b) 
requires medium  or high  intensity lighting  to be  continuously 
displayed.

     5.   Based  on  the  evidence   before  us,  we  find   that 
CenturyTel has willfully4 and repeatedly5 violated Section 303(q) 
of the Act,  as amended,  by failure to  maintain the  prescribed 
illumination of its antenna  tower; Section 17.48(a) for  failing 
to report the tower light outage to the FAA; and Section 17.51(b) 
for failing  to continuously  exhibit  medium or  high  intensity 
lighting.   The  Commission's  Forfeiture  Policy  Statement  and 
Amendment of  Section  1.80  of  the  Rules  to  Incorporate  the 
Forfeiture Guidelines,  12 FCC  Rcd  17087, 17113  (1997),  recon 
denied, 15 FCC Rcd 303 (1999), (``Forfeiture Policy Statement''), 
sets  the  base  forfeiture   amount  at  ten  thousand   dollars 
($10,000), for failure to comply with prescribed lighting  and/or 
marking; and three thousand dollars ($3,000) for failure to  file 
required  forms  or  information.6   In  accessing  the  monetary 
forfeiture amount,  we  must  take  into  account  the  statutory 
factors set  forth in  Section 503(b)(2)(D)  of the  Act,7  which 
include the  nature, circumstances,  extent  and gravity  of  the 
violation, and  with  respect  to the  violator,  the  degree  of 
culpability, any history or prior  offenses, ability to pay,  and 
other  such  matters  as  justice  may  require.   Applying   the 
Forfeiture Policy Statement and statutory factors to the  instant 
case, we  believe that  a  thirteen thousand  ($13,000)  monetary 
forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act, and Sections  0.111, 0.311, and  1.80 of  the 
Rules,8 CenturyTel Wireless of Michigan RSA #1&2, Inc. is  hereby 
NOTIFIED of  this  APPARENT LIABILITY  FOR  A FORFEITURE  in  the 
amount of  thirteen thousand  dollars ($13,000)  for willful  and 
repeated violation of  Section 303(q)  of the  Act, and  Sections 
17.48(a) and 17.51(b) of the Rules.

     7.   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, CenturyTel SHALL PAY the  full 
amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     8.   Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. 200332360002, FRN: 0004-5240-96.

     9.   The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division,  445 12th Street  S.W., Washington,  D.C. 
20554, and  MUST INCLUDE  THE  NAL/Acct. No.  200332360002,  FRN: 
0004-5240-96.

     10.  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;  (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.

     11.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.9

     12.  Under the Small Business Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate filing to  be sent  to the Technical  and Public  Safety 
Division.   Your  certification  should  indicate  whether   you, 
including your parent  entity and its  subsidiaries, meet one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of Communications Business Opportunities (OCBO) set  forth 
in Attachment  A  of this  Notice  of Apparent  Liability.   This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b) of  the Communications  Act.  If  you have  any  questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.

     13.  IT IS  FURTHER ORDERED  THAT  this NOTICE  OF  APPARENT 
LIABILITY  shall  be  sent  by  Certified  Mail  Return   Receipt 
Requested to CenturyTel at  P.O. Box 9901, Vancouver,  Washington 
98668.

                         FEDERAL COMMUNICATIONS COMMISSION




                         James A. Bridgewater
                         District Director, Detroit Office
                         Enforcement Bureau


Attachment A - FCC List of Small Entities, October 2002
_________________________

1 47 U.S.C.  303(q).

2 47 C.F.R.  17.48(a) and 17.51(b).

3 47 C.F.R.  17.21.
4 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to Section 503(b) of the Act, provide 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 or by a treaty by the United States.'' See 
Southern California Broadcasting Co.,6 FCC Rcd 4387 (1991).

5 Section 312(f)(2), which also applies to Section 503(b), 
provides: [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.

6 47 C.F.R.  1.80.

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, and 0.311.
9 See 47 C.F.R.  1.1914.