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

In the Matter of                )
                                )
Pinnacle Towers, Inc.           )    File No. EB-02-TP-197
                                )    
Owner of Antenna Structure Registration )    NAL/Acct.        No. 
200232700016
Number 1030352 in Orlando, Florida   )
                                )    FRN 0005-7948-47
Sarasota, Florida               )    

                  MEMORANDUM OPINION AND ORDER 

Adopted:  April 3, 2003                 Released:  April 7, 2003

By the Chief, Enforcement Bureau:

1.        In this Memorandum  Opinion and  Order (``Order''),  we 
  cancel a $20,000 Notice of Apparent Liability for a  Forfeiture 
  (``NAL'')  issued  to  Pinnacle  Towers,  Inc.  (``Pinnacle''), 
  owner   of  an   antenna  structure   with  antenna   structure 
  registration (``ASR'') number 1030352 in Orlando, Florida,  for 
  apparently violating  Section 17.50 of  the Commission's  Rules 
  (``Rules'').1   The   alleged  violation  involved   Pinnacle's 
  failure to  maintain good  visibility of  the required  antenna 
  structure obstruction marking.

2.        On July 9, 2002, the Commission's Tampa, Florida  Field 
  Office  (``Tampa  Office'')   issued  an  NAL  for  a   $20,000 
  forfeiture to Pinnacle, concluding that the paint on the  lower 
  two-thirds of the  Orlando antenna structure was obstructed  by 
  coaxial cables  attached to the  structure in apparent  willful 
  and  repeated  violation  of  Section  17.50  of  the   Rules.2  
  Pinnacle  filed a  response to  the NAL  on August  8, 2002  in 
  which  it  seeks  rescission  or  reduction  of  the   proposed 
  forfeiture.   Among  other things,  Pinnacle  argues  that  the 
  Commission's rules provide no guidance on when cables  attached 
  to  an  antenna  structure  are  required  to  be  painted  and 
  challenges  the  finding  in  the  NAL  that  the  cables  were 
  obstructing good visibility of the tower.  

3.        We  disagree   with   Pinnacle's  argument   that   the 
  Commission's rules provide no guidance on when cables  attached 
  to an  antenna structure are required  to be painted.   Section 
  17.23 of the Rules provides that unless otherwise specified  by 
  the Commission,  each new  or altered antenna  structure to  be 
  registered on  or after January  1, 1996, must  conform to  the 
  Federal  Aviation  Administration's  (``FAA's'')  painting  and 
  lighting recommendations  for the structure,  as referenced  in 
  FAA Advisory  Circular AC 70/7460-1J,  Obstruction Marking  and 
  Lighting.   This  Advisory  Circular  explicitly  states   that 
  ``[a]lternate bands of  aviation orange and white are  normally 
  displayed  on ...  coaxial cable,  conduits, and  other  cables 
  attached to the  face of a tower.''3  Pinnacle's Orlando  tower 
  was constructed in 1998  and the ASR for this tower  explicitly 
  requires  that  the   structure  be  lighted  and  painted   in 
  accordance with FAA  Advisory Circular AC 70/7460-1J.   Indeed, 
  Pinnacle acknowledges in its  response to the NAL that its  ASR 
  requires it  to comply with the  requirements specified in  FAA 
  Advisory Circular AC 70/7460-1J.  Thus, any cables attached  to 
  the  face  of  Pinnacle's Orlando  tower  are  required  to  be 
  painted.  Nevertheless, after further review of the record,  we 
  conclude that the evidence does not support a finding that  the 
  cables attached to Pinnacle's tower obstructed good  visibility 
  of  the tower  in  violation of  Section  17.50 of  the  Rules.  
  Accordingly, we cancel  the NAL.  Because we are canceling  the 
  NAL,  we  need  not  address  the  other  arguments  raised  by 
  Pinnacle in its response.

4.        Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  504(b)  of the  Communications Act  of 1934,  as amended,4  and 
  Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 the  Notice 
  of  Apparent   Liability  for  a   Forfeiture,  NAL/Acct.   No. 
  200232700016, issued to Pinnacle Towers, Inc. IS CANCELED.

5.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by first  class mail and certified mail return  receipt 
  requested to Pinnacle Towers, Inc., 301 N. Cattlemen Road,  3rd 
  Floor, Sarasota, Florida  34232, and to its counsel, Thomas  B. 
  Magee,  Esq., Keller  and Heckman  LLP,  1001 G  Street,  N.W., 
  Suite 500 West, Washington, D.C. 20001.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

  1 47 C.F.R. § 17.50.  

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200232700016 (Enf. Bur., Tampa Office, released July 9, 2002).   

  3 FAA Advisory Circular AC 70/7460-1J, Obstruction Marking  and 
Lighting, Chapter 3. Marking Guidelines, Paragraph 33(c)(1)(g).

  4 47 U.S.C. § 504(b).

  5 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).