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

In the Matter of                   )     File Number EB-02-OR-259
Entergy Services, Inc.             )    NAL/Acct. No.200332620002
Owner of Antenna Structure Number  )
1020649                            )             FRN 0001-7125-87
Little Rock, Arkansas              )


                                       Released: November 6, 2002

By the Enforcement Bureau, New Orleans Office:

                        I.  INTRODUCTION

     1.  In  this Notice  of  Apparent Liability  for  Forfeiture 
(``NAL''), we find Entergy Services, Inc. (``Entergy''), owner of 
antenna  structure  number  1020649,  apparently  liable  for   a 
forfeiture in the  amount of ten  thousand dollars ($10,000)  for 
willful  and  repeated  violation  of  Section  17.51(a)  of  the 
Commission's Rules (``Rules'').1   Specifically, we find  Entergy 
apparently liable  for failing  to exhibit  the prescribed  tower 
lighting on its antenna structure.

                         II.  BACKGROUND

     2.   On  August  28  and  29,  2002,  agents  from  the  FCC 
Enforcement Bureau's  New Orleans  Office inspected  the  antenna 
structure  associated   with   Antenna   Structure   Registration 
(``ASR'') number 1020649  in Labadieville, Louisiana.   According 
to the  Commission's ASR  database, structure  number 1020649  is 
77.7 meters tall (approximately  255 feet) and requires  painting 
and lighting in accordance with paragraphs 1, 3, 11 and 21 of FCC 
Form 715/715A.  At the times of inspection (7:55 PM on August 28, 
2002 and 8:00  PM on August  29, 2002), the  top red  obstruction 
light was extinguished.2  

     3.  In addition, the antenna structure owner is  responsible 
for making daily  observations of the  structure's lights  either 
visually or  automatically.3  Furthermore,  in  the event  of  an 
extinguishment or improper functioning of any top steady  burning 
or  any  flashing  obstruction  light,  the  structure  owner  is 
required  to  report   the  problem  to   the  Federal   Aviation 
Administration (``FAA'') within 30 minutes of this  observation.4  
However, when the Commission's agents contacted the FAA, no  such 
report had been received.5
                        III.  DISCUSSION

     4.  Section  17.51(a) of  the Rules  requires that  all  red 
obstruction lighting be exhibited  from sunset to sunrise  unless 
otherwise specified.  The antenna structure owner is  responsible 
for maintaining the structure's lighting.6  On August 28 and  29, 
2002, Entergy failed to exhibit the top red obstruction  lighting 
on its antenna structure number 1020649. 

     5.  Based  on  the  evidence  before  us,  we  find  Entergy 
willfully7 and repeatedly8 violated Section 17.51(a) of the Rules 
by failing to  exhibit the prescribed  tower lighting on  antenna 
structure number 1020649.

     6.  Pursuant to Section 1.80(b)(4)  of the Rules,9 the  base 
forfeiture amount for failing to comply with prescribed  lighting 
and/or marking 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.10   Considering  the  entire  record  and  applying  the 
factors listed above, this case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     7.  Accordingly,  IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act,11  and Sections 0.111, 0.311  and 1.80 of  the 
Rules,12 Entergy  Services,  Inc.  is  hereby  NOTIFIED  of  this 
APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand 
dollars ($10,000) for willful  and repeated violation of  Section 
17.51(a)  of  the   Rules  by  failing   to  exhibit   prescribed 
obstruction   lighting   on   antenna   structure   1020649    in 
Labadieville, Louisiana.
     8.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80  of 
the Rules, within thirty  days of the release  date of this  NAL, 
Entergy Services, Inc. SHALL PAY the full amount of the  proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

     9.  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 NAL  under an installment plan should  be 
sent to:  Chief, Revenue  and Receivables  Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.13

     10.  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.  

     11. 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. 

     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 &  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   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.
     13. IT IS FURTHER ORDERED THAT  a copy of this NAL shall  be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Entergy Services, Inc., P.  O. Box 551, Little Rock,  Arkansas  


                         James C. Hawkins
                         District Director, New Orleans Office
                         Enforcement Bureau


1 47 C.F.R.  17.51(a).

2 It was also observed that during daylight hours (6:00 PM on 
August 28, 2002), the paint was very faded and high intensity 
lighting was being used.  High intensity lighting is not 
prescribed in paragraphs 1, 3, 11 and 21 of FCC Form 715/715A.

3 See 47 C.F.R.  17.47(a).

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

5 Since no report had been received, the FCC agents submitted a 
report to the FAA so that a Notice to Airmen (``NOTAM'') could be 
issued warning aircraft of this hazardous condition.

6 See 47 C.F.R.  17.6(a). 

7 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are accessed under 
Section 503(b) of the Act, provides that ``[t]he term `willfull', 
when used with reference to the commission or omission of any 
act, means the conscious and deliberate commission of 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).

8 The 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.''  47 U.S.C.  

9 47 C.F.R.  1.80(b)(4).

10 47 U.S.C.  503(b)(2)(D).

11 47 U.S.C.  503(b).

12 47 C.F.R.  0.111, 0.311, 1.80.

13 See 47 C.F.R.  1.1914.