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



In the Matter of                   )
                                                            )
United States Cellular             )   File Number EB-02-KC-284
Corporation                        )
                                  )   NAL/Acct. No.20023256006
Owner of Antenna Structure No.     )
1233307 near Ellsworth, Iowa       )            FRN 000-437-322

Chicago, Illinois 


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  June   5, 
2002 

By the Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that United States  Cellular Corporation (``US  Cellular''), 
owner of antenna structure number 1233307 located near Ellsworth, 
Iowa,  willfully  violated  Sections  17.21  and  17.45  of   the 
Commission's Rules (``Rules''),1 by failing to light or paint its 
antenna structure and failing to install temporary warning lights 
on its  antenna structure  during construction.   We find  United 
States Cellular Corporation apparently  liable for forfeiture  in 
the amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On April 23,  2002, an agent  from the FCC  Enforcement 
Bureau's Kansas  City, Missouri  Office inspected  US  Cellular's 
antenna structure number 1233307 located near Ellsworth, Iowa  at 
coordinates  42-20-32.1  North   Latitude  by  093-34-18.8   West 
Longitude.   The   antenna  structure   appeared  to   be   under 
construction.  The agent determined the structure height at  that 
time to  be  at  least  320 feet,  thus  requiring  painting  and 
marking.  The agent observed that the structure was unpainted and 
that no lighting  was installed.  The  agent interviewed  several 
workers at  the  site who  stated  that the  structure  had  been 
completed the day  before, that the  structure was  approximately 
330 feet in  height, that  no lights  had been  installed on  the 
structure, and that they  were going to  install the lights  that 
day.    The   agent   contacted   the   area   Federal   Aviation 
Administration (``FAA'')  Flight Service  Station and  determined 
that no report  of a light outage  had been made  for a tower  at 
this location.

     3.   On April 30, 2002, the agent checked the FCC's  Antenna 
Structure Registration (``ASR'') database  and found the  antenna 
structure had been registered  on April 2,  2002, to US  Cellular 
and assigned ASR number 1233307.  The ASR information showed  the 
structure height to  be 350 feet,  that the structure  was to  be 
used for  ``communications  purposes,'' and  prescribed  lighting 
requirements of medium intensity white lights during the day  and 
red lights at night.



                        III.  DISCUSSION

     4.   Section  17.21  of  the  Rules  requires  painting  and 
lighting of antenna structures that exceed 200 feet in height  or 
require  special  aeronautical  study.   US  Cellular's   antenna 
structure was observed on April 23, 2002 at a height of at  least 
320 feet  and the  structure was  unpainted with  no  obstruction 
lighting installed.  Also, the FAA received no report of a  light 
outage for this antenna structure.2

     5.   Section 17.45  of  the  Rules  requires  that,  for  an 
antenna structure requiring lighting that is under  construction, 
as the  height  of the  structure  exceeds each  level  at  which 
permanent obstruction lights will be required, two similar lights 
shall be installed  at each  such level.   US Cellular's  antenna 
structure  has   required  lighting   specifications  of   medium 
intensity white lights during  the day and  red lights at  night.  
On April  23,  2002,  construction  on  U.S.  Cellular's  antenna 
structure had been completed on  the previous day, the  structure 
had reached the height of at least 320 feet, yet no lighting  had 
been installed on the structure.

     6.   Based on the  evidence before us,  we find US  Cellular 
willfully3 violated  Sections 17.21  and 17.45  of the  Rules  by 
failing to light or  paint its antenna  structure and failing  to 
install temporary warning lights on its antenna structure  during 
construction.

     7.   Pursuant to Section 1.80(b)(4) of the Rules,4 the  base 
forfeiture amount for failure to comply with prescribed  lighting 
is $10,000.  In assessing the monetary forfeiture amount, we must 
also take into account the statutory factors set forth in Section 
503(b)(2)(D) of  the  Communications  Act  of  1934,  as  amended 
(``Act''), which include the  nature, circumstances, extent,  and 
gravity of the violation, and  with respect to the violator,  the 
degree of culpability, any history of prior offenses, ability  to 
pay, and other such matters as justice may require.5  Considering 
the entire record  and applying  the factors  listed above,  this 
case warrants a $10,000 forfeiture.


                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,6 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,7 United States Cellular Corporation is hereby NOTIFIED  of 
its APPARENT  LIABILITY FOR  A FORFEITURE  in the  amount of  ten 
thousand dollars  ($10,000)  for willful  violation  of  Sections 
17.21 and 17.45  of the Rules  by failing to  light or paint  its 
antenna structure and failing to install temporary warning lights 
on its antenna structure during construction.

     9.   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,  United  States   Cellular 
Corporation SHALL PAY the full amount of the proposed  forfeiture 
or  SHALL  FILE   a  written  statement   seeking  reduction   or 
cancellation of the proposed forfeiture.

     10.  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. and FRN referenced above.  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. 20554.8

     11.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street  SW,  Washington  DC  20554,  Attn:  Enforcement   Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct. 
No. referenced above.  

     12.  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.  

     13.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to United States Cellular Corporation at 8410 West Bryn 
Mawr Ave Suite #700, Chicago, Illinois 60631.  An additional copy 
shall be sent  to Peter  M. Connolly, Esq.  at 2099  Pennsylvania 
Avenue Suite 100, Washington, DC 20006.


                         FEDERAL COMMUNICATIONS COMMISSION


                         Robert C. McKinney 
                         District Director - Kansas City  Office, 
Enforcement Bureau
_________________________

1 47 C.F.R  17.21 and 17.45.

2 See 47 C.F.R.  17.48(a)

3 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 ....''  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).

4 47 C.F.R.  1.80(b)(4).

5 47 U.S.C.  503(b)(2)(D).

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, 0.311, 1.80.

8 See 47 C.F.R.  1.1914.