**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. 200232700023

Number 1225706 in Hobe Sound, Florida )

) FRN 0004-2066-36

Dallas, Texas )

## 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
    \$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 structure.

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 CANCELLED**.

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.

FEDERAL COMMUNICATIONS COMMISSION

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
    Cellular.

[^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).