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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-KC-284
United States Cellular Corporation ) NAL/Acct. No.
20023256006
Ellsworth, Iowa ) FRN #000-437-322
MEMORANDUM OPINION AND ORDER
Adopted: October 28, 2002 Released:
October 31, 2002
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''),
we cancel a ten thousand dollar ($10,000) Notice of Apparent
Liability for Forfeiture (``NAL'')1 issued to United States
Cellular Corporation (``USCC'') for apparently violating
Sections 17.21 and 17.45 of the Commission's Rules
(``Rules'').2 The alleged violations involved USCC's
failure to light or paint its antenna structure number
1233307, located near Ellsworth, Iowa, and its failure to
install temporary warning lights on the same structure
during construction.
2. On June 5, 2002, the District Director of the
Commission's Kansas City, Missouri Field Office issued the
NAL to USCC. USCC filed a response on July 5, 2002. After
considering USCC's response and reviewing the record, we
find that the monetary forfeiture should be cancelled.3
3. Accordingly, IT IS ORDERED that, pursuant to
Section 504(b) of the Communications Act of 1934, as
amended,4 and Section 1.80(f)(4) of the Rules,5 the NAL
issued to United States Cellular Corporation IS CANCELLED.
4. IT IS FURTHER ORDERED that a copy of this Order
shall be sent by first class mail and certified mail, return
receipt requested, to United States Cellular Corporation,
8410 West Bryn Mawr Avenue, Suite 700, Chicago, Illinois
60631, and to its counsel, Peter M. Connolly, Esquire, at
Holland & Knight, LLP, 2099 Pennsylvania Avenue, Suite 100,
Washington, DC 20006.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 United States Cellular Corporation, NAL Acct. No.
20023256006 (Enf. Bur., Kansas City Office rel. June 5,
2002).
2 47 C.F.R. §§ 17.21 and 17.45.
3 See 47 U.S.C. § 504(b); 47 C.F.R. § 1.80(f)(4).
4 47 U.S.C. § 504(b).
5 47 C.F.R. § 1.80(f)(4).