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Before the
Federal Communications Commission
Washington, D.C. 20554
In the matter of )
)
Gulf Stream Natural Gas System )
Owner of Antenna Structure ) File Number EB-02-TP-380
Registration Number )
1232899 in Ft. Meade, Florida ) NAL/Acct. No. 200232700025
)
) FRN: 0006285712
)
MEMORANDUM OPINION AND ORDER
Adopted: August 11, 2004 Released: August 13,
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 Gulf Stream Natural
Gas System (``Gulf Stream''), owner of antenna structure no.
1232899 in Ft. Meade, Florida, for its apparent willful violation
of Section 17.51 of the Commission's Rules (``Rules'').2 The
alleged violation involves Gulf Stream's failure to exhibit
medium intensity obstruction lighting on antenna structure no.
1232899. Based on our review of Gulf Stream's response to the
NAL, including its good faith efforts to comply prior to being
informed of the FCC inspection and its history of overall
compliance, 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. 200232700025, IS
CANCELLED.
3. IT IS FURTHER ORDERED that copies of this Order shall be
sent by Certified Mail Return Receipt Requested and by First
Class Mail to Gulf Stream Natural Gas System, Attention, P.
Martin Teague, Associate General Counsel, 2800 Post Oak Blvd.,
Houston, TX 77612 and its counsel, Gregory C. Staple, Esq.,
Vinson & Elkins, 1455 Pennsylvania Ave., N.W., Washington, D.C.
20004-1008.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232700025 (Enf. Bur. Tampa Office, released September 30,
2002).
2 47 C.F.R. § 17.51
3 47 U.S.C. § 504(b); 47 C.F.R. § 1.80(f)(4).