Click here for Adobe Acrobat version
Click here for Microsoft Word version


This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


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

In the Matter of                )
Florida Cellular Service, LLC   )    File No. EB-02-TP-326
Owner of Antenna Structure Registration )    NAL/Acct.        No. 
Number 1225706 in Hobe Sound, Florida)
                                )    FRN 0004-2066-36
Dallas, Texas                   )    


Adopted:  May 16, 2003                  Released:  May 20, 2003

By the Chief, Enforcement Bureau:

1.        In this Memorandum  Opinion and  Order (``Order''),  we 
  cancel a $10,000 Notice of Apparent Liability for a  Forfeiture 
  (``NAL'') issued  to Florida Cellular  Service, LLC  (``Florida 
  Cellular''),  owner  of  an  antenna  structure  with   antenna 
  structure registration (``ASR'') number 1225706 in Hobe  Sound, 
  Florida,  for  apparently   violating  Section  17.51  of   the 
  Commission's   Rules  (``Rules'').1    The  alleged   violation 
  involved   Florida  Cellular's   failure  to   exhibit   medium 
  intensity  obstruction  lighting  on  its  Hobe  Sound  antenna 

2.        On August  7,  2002, the  Commission's  Tampa,  Florida 
  Field Office  (``Tampa Office'')  issued an NAL  for a  $10,000 
  forfeiture  to   Florida  Cellular  for  apparently   violating 
  Section 17.51  of the  Rules.2  Cingular  Wireless submitted  a 
  response to  the NAL on  behalf of Florida  Cellular on  August 
  28, 2002.3  

3.        On June  9, 11  and  13, 2002,  agents from  the  Tampa 
  Office observed that  the medium intensity lighting on  Florida 
  Cellular's Hobe  Sound antenna structure  was not  illuminated.  
  On  June 13,  2002, an  agent  contacted the  Federal  Aviation 
  Administration's Miami Flight Service Station (``FSS''),  which 
  advised  the  agent   that  there  was  no  Notice  to   Airmen 
  (``NOTAM'')4  in effect  for  the  Hobe Sound  tower.   In  its 
  response to the NAL, Cingular Wireless states that a NOTAM  for 
  the Hobe Sound tower  was opened with the Miami FSS on June  7, 
  2002,  prior  to  the three  dates  on  which  the  FCC  agents 
  observed the  light outage, and  was closed on  June 14,  2002, 
  after the  light outage was  repaired.  Cingular Wireless  also 
  provides the  NOTAM number assigned by  the Miami FSS for  this 
  tower light outage and  copies of logs and other records  which 
  indicate, among other  things, when the alarm system  generated 
  an alert  that the light  was out, when  the NOTAM was  opened, 
  when repairs  were made, and  when the NOTAM  was closed.   The 
  documentation  provided  by Cingular  Wireless  indicates  that 
  Cingular Wireless met the requirements of Section 17.48 of  the 
  Rules by  promptly reporting  the obstruction  light outage  to 
  the  Miami  FSS, so  that  the  FSS could  open  a  NOTAM.   We 
  therefore find that cancellation of the NAL is warranted.

4.        Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  504(b)  of the  Communications Act  of 1934,  as amended,5  and 
  Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 the  Notice 
  of  Apparent   Liability  for  a   Forfeiture,  NAL/Acct.   No. 
  200232700023,  issued  to Florida  Cellular  Service,  LLC.  IS 

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  Florida Cellular  Service,  LLC,  17330  Preston 
  Road, Suite 100A, Dallas, Texas 75252, and to Carol L.  Tacker, 
  Vice  President   and  Assistant   General  Counsel,   Cingular 
  Wireless,  5565  Glenridge  Connector,  Suite  1200,   Atlanta, 
  Georgia 30342.


                         David H. Solomon
                         Chief, Enforcement Bureau

  1 47 C.F.R.  17.51.  

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200232700023 (Enf. Bur., Tampa Office, released August 7, 2002). 

  3 Cingular Wireless holds a 100% ownership interest in  Florida 

  4 Tower owners are required to report any obstruction  lighting 
outages to  the  nearest Flight  Service  Station or  FAA  office 
immediately if the  outage is  not corrected  within 30  minutes.  
See 47 C.F.R.  17.48(a).  The FAA then issues a NOTAM, a written 
advisory to  aircraft  pilots  regarding a  hazard  or  potential 
hazard  of  which  they  should   be  aware.   A  NOTAM   expires 
automatically after 15 days, unless the tower owner calls the FAA 
to extend the NOTAM.

  5 47 U.S.C.  504(b).

  6 47 C.F.R.  0.111, 0.311, 1.80(f)(4).