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


In the Matter of                        )
                              )
Moffatt Properties Leasing LLC               )    File No. 
EB-02-OR-129
                              )    NAL/Acct. No. 
200232620005
Tupelo, Mississippi                )    FRN: 0006-2670-41 


                MEMORANDUM OPINION AND ORDER

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

By the Chief, Enforcement Bureau:


     1.   In this Memorandum  Opinion and Order (``Order''), 
we  cancel  a  $2,000 forfeiture  proposed  against  Moffatt 
Properties   Leasing   LLC  (``Moffatt   Properties'')   for 
willfully  violating  Section  17.4(g) of  the  Commission's 
Rules  (``Rules'').1  The  noted violation  involves Moffatt 
Properties's   failure  to   post   the  Antenna   Structure 
Registration  (``ASR'')  number  for its  antenna  structure 
located near Tupelo, Mississippi.2  

     2.   On  June 24,  2002, the  District Director  of the 
Enforcement  Bureau's New  Orleans,  Louisiana Field  Office 
(``New Orleans Office'') issued  a $2,000 Notice of Apparent 
Liability for Forfeiture (``NAL'') to Moffatt Properties for 
the noted  violation.3  On July 5,  2002, Moffatt Properties 
filed a response to the NAL.

     3.   On May 15, 2002, an FCC agent from the New Orleans 
Office   inspected  an   antenna   structure  near   Tupelo, 
Mississippi (ASR  number 1212292).  The agent  was unable to 
locate the  ASR number.   After a  subsequent investigation, 
the  agent  determined  that Moffatt  Properties  owned  the 
antenna structure.  Because Section 17.4(g) requires the ASR 
number  to be  posted,  the New  Orleans  Office issued  the 
subject  NAL  on June  24,  2002  for willful  violation  of 
Section 17.4(g) of the Rules.

     4.   In  its response  to the  NAL, Moffatt  Properties 
states that  it had posted  the ASR number as  required, but 
that a  contractor working  for BellSouth bulldozed  the ASR 
number  sign during  construction of  a new  BellSouth fiber 
system.    Under   these   circumstances,   we   find   that 
cancellation   of   the   proposed  $2,000   forfeiture   is 
appropriate.4 
     5.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Section  504(b)  of  the  Communications  Act  of  1934,  as 
amended,5 and Section  1.80(f)(4) of the Rules,6  the NAL IS 
CANCELLED.
 
     6.   IT IS  FURTHER ORDERED that  a copy of  this Order 
shall by  sent by   first class  and certified  mail, return 
receipt requested, to Mr.  Chuck Moffatt, Moffatt Properties 
Leasing LLC, 1960  McCullough Boulevard, Tupelo, Mississippi 
38801. 



                         FEDERAL COMMUNICATIONS COMMISSION


                         
                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1 47 C.F.R. § 17.4(g).

2 ASR number 1212292.

3 Moffatt Properties Leasing LLC, NAL/Acct. No. 200232620005 
(Enf. Bur., New Orleans Office, rel. June 24, 2002).

4 Independent of our finding here, we note that Moffatt 
Properties states that it has since replaced the ASR number 
sign.

5 47 U.S.C. § 504(b).
 
6 47 C.F.R. § 1.80(f)(4).