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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; 37°47' 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).