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Before the
Federal Communications Commission
Washington, D.C. 20554
In the matter of )
) NAL/Acct. No. 200332360002
CenturyTel Wireless of Michigan )
RSA #1&2, Inc. ) File No. EB-02-DT-987
)
Vancouver, Washington ) FRN: 0004-5240-96
MEMORANDUM OPINION AND ORDER
Adopted: March 31, 2004 Released: April 2, 2004
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''), we
cancel a proposed monetary forfeiture1 issued in the amount of
thirteen thousand dollars ($13,000) to CenturyTel Wireless of
Michigan RSA #1&2, Inc. (``CenturyTel'') for its apparent willful
and repeated violation of Section 303(q) of the Communications
Act of 1934 as amended (``Act''),2 and of Sections 17.48(a) and
17.51(b) of the Commission's Rules (``Rules'').3 The alleged
violations involve CenturyTel's failure to exhibit top
obstruction lighting on a tower and to report an outage of
obstruction lighting to the nearest Flight Service Station or
office of the Federal Aviation Administration. Based on our
review of CenturyTel's response to the NAL, we conclude that
CenturyTel did not willfully and/or repeatedly violate Section
303(q) of the Act or Sections 17.48(a) and 17.51(b) of the Rules.
Specifically, the lighting outage was caused by lightning and the
licensee promptly reported the outage to the Federal Aviation
Administration. Accordingly, we conclude that no forfeiture
should be imposed.
2. Accordingly, IT IS ORDERED that, pursuant to Section
504(b) of the Act and Section 1.80(f)(4) of the Rules,4 the
instant Notice of Apparent Liability for Forfeiture, NAL/Acct.
No. 200332360002, IS CANCELLED.
3. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by first class mail and certified mail, return receipt
requested, to Vicki Schultheis, Manager, FCC Licensing,
CenturyTel Wireless of Michigan RSA #1&2, Inc., PO Box 9901,
Vancouver, Washington 98668-8701.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332360002 (Enf. Bur., Detroit Office, released November 8,
2002).
2 47 U.S.C. § 303(q).
3 47 C.F.R. §§ 17.48(a) and 17.51(b).
4 47 U.S.C. § 504(b); 47 C.F.R. § 1.80(f)(4).