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


In the matter of                 )
                                )
Steven D. Semon, Jackie L.       )    File Number EB-02-KC-755
Semon                            )
dba Sedalia Smiles, Owner of     )    NAL/Acct. No.200332560004
Antenna Structure                )
# 1010169                        )    FRN 0005-8717-93
near Everton, Missouri
Sedalia, Missouri

                  MEMORANDUM OPINION AND ORDER

Adopted:  April  27,  2004              Released:  April 29,  
2004

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  Steven D.  Semon, 
Jackie L. Semon dba Sedalia Smiles (``Sedalia Smiles''), owner of 
antenna structure  #  1010169  near  Everton,  Missouri  for  its 
apparent willful and repeated  violation of Section 17.51(b)2  of 
the  Commission's  Rules  (``Rules'').   The  alleged   violation 
involved  Sedalia  Smiles'  failure   to  exhibit  the   required 
obstruction lighting  for the  tower.   Based  on our  review  of 
Sedalia Smiles' response to  the NAL and  the overall record,  we 
conclude that Sedalia Smiles did not willfully and/or  repeatedly 
violate Section 17.51(b) of the Rules.     Thus, we conclude that 
no forfeiture should be imposed.  

     2.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
504(b) of  the  Communications  Act of  1934,  as  amended,   and 
Section 1.80(f)(4) of the Rules,3 the instant Notice of  Apparent 
Liability  for  Forfeiture,   NAL/Acct.  No.   200332560004,   IS 
CANCELLED.

     3.   IT IS FURTHER ORDERED that  a copy of this Order  shall 
be sent  first  class mail  and  certified mail,  return  receipt 
requested, to Steven  D. Semon  and Jackie L.  Semon dba  Sedalia 
Smiles, 720 E. Fifth St., Sedalia, MO 65301.


                                                       FEDERAL 
  COMMUNICATIONS COMMISSION
                                                        

                                                           
                                                       David H. 
  Solomon
                                                       Chief, 
  Enforcement Bureau


_________________________

1 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200332560004 (Enf.  Bur., Kansas  City  Office rel.  November  5, 
2002)
2 47 C.F.R.§ 17.51(b)
3 See 47 U.S.C. § 504(b); 47 C.F.R. § 1.80(f)(4).