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


In the Matter of                   )     File Number EB-02-TP-380
                                                            )
Gulf Stream Natural Gas System     )   NAL/Acct. No. 200232700025
Owner of Antenna Structure         )              FRN: 0006285712
Registration Number 1232899 in     )
Ft. Meade, Florida                 )
Houston, Texas

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                     Released: September 30, 2002

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),  we  find  Gulf  Stream  Natural  Gas  System  (``Gulf 
Stream''), owner  of  antenna  structure 1232899  in  Ft.  Meade, 
Florida, willfully  violated Section  17.51 of  the  Commission's 
Rules  (``Rules'')1  by  failing  to  exhibit  medium   intensity 
obstruction lighting on structure 1232899.  We conclude that Gulf 
Stream is apparently liable for a forfeiture in the amount of ten 
thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   Antenna structure  #1232899 is  located in  Ft.  Meade, 
Florida.  Gulf Stream is the registered owner of this  structure.  
The  structure's   Antenna   Structure   Registration   (``ASR'') 
specifies that the structure be lit with a medium intensity  dual 
lighting system.

     3.   On July  26,  2002,  agents from  the  FCC  Enforcement 
Bureau, Tampa  Office, observed  that structure  1232899 was  not 
illuminated per its assigned painting and lighting specifications 
in that the top and  level strobe lights were extinguished.   On 
July  26,  2002,  FCC  agents  contacted  the  Federal   Aviation 
Administration (``FAA'') who confirmed  that the structure  owner 
had not reported a light outage for this structure.

     4.   On July  31, 2002  an agent  from the  FCC  Enforcement 
Bureau, Tampa Office spoke with  a representative of Gulf  Stream 
who stated that they were aware of an electrical problem with the 
structure on July 25, 2002, and confirmed that Gulf Stream  never 
notified the FAA of the light outage.  

                        III.  DISCUSSION

     5.   Section 17.51  requires  that all  high  intensity  and 
medium intensity obstruction  lighting be exhibited  continuously 
unless otherwise specified.  On July 26, 2002, Gulf Stream failed 
to exhibit  medium intensity  obstruction lighting  on  structure 
1232899 in  accordance with  its registration  requirements.   In 
addition, Gulf  Stream did  not report  the light  outage to  the 
FAA.2
     6.   Based on the  evidence before us,  we find Gulf  Stream 
willfully3 violated  Section 17.51  of the  Rules by  failing  to 
exhibit tower lights on structure 1232899.

     7.   Pursuant to Section 1.80(b)(4) of the Rules,4 the  base 
forfeiture amount for failure to exhibit obstruction lighting  is 
$10,000. Section 503(b)(2)(D) of the Communications Act of  1934, 
as amended (``Act''), requires us to take into account ``...  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.''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 Gulf Stream Natural Gas System is hereby NOTIFIED of this 
APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand 
dollars ($10,000) for willful violation  of Section 17.51 of  the 
Rules by  failing to  exhibit obstruction  lighting on  structure 
1232899 in Ft. Meade, Florida.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Gulf Stream Natural Gas System, 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 in the letterhead above. 

     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/and 
FRN referenced in the letterhead 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.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, SW, Washington, DC 
20554.8

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this Notice  of 
Apparent Liability shall  be sent by  regular mail and  Certified 
Mail Return Receipt Requested to Gulf Stream Natural Gas  System, 
2800 Post Oak Blvd., Houston, TX 77612.


                         FEDERAL COMMUNICATIONS COMMISSION



                         Ralph M. Barlow
                         Tampa Office, Enforcement Bureau
_________________________

1 47 C.F.R.  17.51.

2 Antenna structure owners must notify the FAA of any known 
improper functioning of any flashing or top light on a structure 
that is not corrected within 30 minutes.  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 4387-88 (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.