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

In the Matter of                   )     File Number EB-02-TP-326
Florida Cellular Service, LLC      )    NAL/Acct. No.200232700023
Owner of Antenna Structure Number  )               FRN 0004206637
1225706 in Hobe Sound, Florida     )
Dallas, Texas                      )


                                         Released: August 7, 2002

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find  Florida Cellular  Service,  LLC,  (``Florida 
Cellular''), owner of  antenna structure number  1225706 in  Hobe 
Sound, Florida, apparently liable for a forfeiture in the  amount 
of ten  thousand  dollars  ($10,000)  for  willful  and  repeated 
violation  of   Section   17.51   of   the   Commission's   Rules 
(``Rules'').1  Specifically, we find Florida Cellular  apparently 
liable for its failure to exhibit prescribed tower lights on  its 
antenna structure.

                         II.  BACKGROUND

     2.   On June  9, 2002,  June 11,  2002, and  June 13,  2002, 
agents from  the  FCC  Enforcement  Bureau,  Tampa  Field  Office 
observed  that   antenna  structure   number  1225706   was   not 
illuminated per its assigned painting and lighting specifications 
in that  the top  strobe light  was extinguished  on the  antenna 
structure.   On June 13, 2002,  FCC agents contacted the  Federal 
Aviation Administration (``FAA'') who confirmed that the required 
Notice to  Airmen  (``NOTAM'')  had not  been  requested  by  the 
structure owner.

                        III.  DISCUSSION

     3.   Section 17.51  requires  that all  high  intensity  and 
medium  intensity  obstruction   lighting  should  be   exhibited 
continuously unless otherwise  specified.  The antenna  structure 
owner is responsible for  maintaining the structure's  lighting.2  
In addition, the antenna structure owner shall report immediately 
to the FAA any  known improper functioning  of a structure's  top 
light or any flashing  light.3  On June 9,  2002, June 11,  2002, 
and June  13, 2002,  Florida Cellular  failed to  exhibit  medium 
intensity obstruction lighting  on its  antenna structure  number 
1225706 in accordance  with its  registration requirements.   The 
FAA had no report of a light outage on this structure.

     4.   Based on  the  evidence  before  us,  we  find  Florida 
Cellular Service, LLC willfully4 and repeatedly5 violated Section 
17.51 of the  Rules by  failing to  exhibit tower  lights on  its 
antenna structure 1225706.

     5.   Pursuant to Section 1.80(b)(4) of the Rules,6 the  base 
forfeiture amount for failure to exhibit obstruction 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.7  Considering 
the entire record  and applying  the factors  listed above,  this 
case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,8 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,9 Florida Cellular Service, LLC 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 of the Rules by failing to exhibit obstruction lighting  on 
structure 1225706 in Hobe Sound, Florida.

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Florida Cellular Service, LLC, 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. 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. 20554.10

     9.   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.  

     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 

     11.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Florida Cellular Service, LLC, 17330 Preston Road, Suite 100A, 
Dallas, TX  75252.   


                         Ralph M. Barlow
                         Tampa Office, Enforcement Bureau

1 47 C.F.R.  17.51.

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

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

4 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).

5 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.  

6 47 C.F.R.  1.80(b)(4).

7 47 U.S.C.  503(b)(2)(D).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, 1.80.

10 See 47 C.F.R.  1.1914.