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

In the Matter of                 )     File No. EB-02-SD-004
                                )
SpectraSite Communications,      )     NAL/Acct. No. 200232940004
Inc.                             )
                                )     FRN # 0006-1525-73
Cary, North Carolina


                  MEMORANDUM OPINION AND ORDER

   Adopted: October 4, 2002             Released: October 8, 2002

By the Commission:

     1.   In this Memorandum Opinion and Order, we cancel  $6,000 
of  a   proposed   forfeiture  assessment   against   SpectraSite 
Communications, Inc., Cary, North Carolina (SpectraSite).
       
     2.   On April 25,  2002, we  issued the  Notice of  Apparent 
Liability for Forfeiture (NAL)1  to SpectraSite for six  apparent 
violations of Section 303(q) of  the Communications Act of  1934, 
as amended (Act),2 and Part 17 of the Commission's Rules  (Rules) 
relating  to   tower   construction,  marking,   and   lighting.3  
SpectraSite paid  $105,000  of  a  $111,000  proposed  forfeiture 
assessment relating to 5 of the 6 apparent violations  identified 
in the NAL.  It challenges the remaining $6,000 assessed for  its 
apparent failure to post an Antenna Structure Registration number 
at its Oakdale, California site in violation of Section 17.4(g).4  
In its response to  the NAL, SpectraSite  asserts, for the  first 
time,  that  it  voluntarily   registered  the  Oakdale   antenna 
structure (i.e.,  the antenna  structure is  not subject  to  the 
Federal Aviation Administration's  notification requirement  and, 
hence, our  tower construction,  marking, and  lighting  rules).5  
Our review  confirms SpectraSite's  assertion.6  Accordingly,  we 
cancel the outstanding $6,000 proposed forfeiture assessment.7

     3.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
504(b)  of  the  Act,  the  $6,000  forfeiture  proposed  against 
SpectraSite  Communications,  Inc.  for  apparent  violation   of 
Section 17.4(g) of the Rules  at its Oakdale, California site  IS 
CANCELLED.

     4.   IT IS FURTHER  ORDERED that a  copy of this  Memorandum 
Opinion and Order shall be sent by certified mail, return receipt 
requested, to John Lynch, Esq., Vice-President, General  Counsel, 
and Secretary,  SpectraSite  Communications,  Inc.,  100  Regency 
Forest Drive,  Cary, North  Carolina 27511,  and to  Ms. M.  Anne 
Swanson, Esq. Dow, Lohnes & Albertson, 1200 New Hampshire Avenue, 
N.W., Suite 800, Washington, D.C. 20036-6802.

                              
                              FEDERAL COMMUNICATIONS COMMISSION


                              
                              Marlene H. Dortch
                              Secretary
_________________________

1 See SpectraSite Communications, Inc., 17 FCC Rcd 7884 (2002).
2 47 U.S.C.  303(q) (antenna structure owners shall maintain the 
painting and lighting of antenna structures as prescribed by  the 
Commission).
3 47 C.F.R.  17.1 et seq.
4 47 C.F.R.  17.4(g); ASR No. 1208406; 3747' 39.5'' N and  120 
54' 50.7'' W.
5 In response  to a Notice  of Violation issued  on May 4,  2001, 
SpectraSite informed us only that  it had posted the  appropriate 
signage.
6 Sections 17.7 and 17.14 of the Rules detail the type of antenna 
structure construction and alteration that requires  notification 
to the Federal Aviation Administration (e.g., height greater than 
200  feet  above  ground  level  and  height  and  distance  from 
airports).  47 C.F.R.  17.4, 17.14.   In this case, we did  not 
find any criterion that applied to SpectraSite's Oakdale  antenna 
structure.  
7 See VoiceStream PCS  I License, L.L.C., 16  FCC Rcd 7584  (Enf. 
Bur. 2001);  AT&T Wireless Services, Inc., 16 FCC Rcd 6805  (Enf. 
Bur. 2001).