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 Federal  Communications  Commission  DA  02-  2856 
 Before  the  Federal  Communications  Commission 


 Washington,  D.  C.  20554 


 In  the  Matter  of  )  )  File  No.  EB-  02-  KC-  284 
 United  States  Cellular  Corporation  )  NAL/  Acct.  No.  20023256006  Ellsworth,  Iowa  )  FRN  #000-  437-  322 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  October  28,  2002  Released:  October  31,  2002 
 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  United  States 
 Cellular  Corporation  (“  USCC”)  for  apparently  violating  Sections  17.21  and  17.45  of  the  Commission’s  Rules  (“  Rules”).  2  The  alleged  violations  involved  USCC’s  failure  to  light  or  paint 
 its  antenna  structure  number  1233307,  located  near  Ellsworth,  Iowa,  and  its  failure  to  install  temporary  warning  lights  on  the  same  structure  during  construction. 


 2.  On  June  5,  2002,  the  District  Director  of  the  Commission’s  Kansas  City,  Missouri  Field  Office  issued  the  NAL  to  USCC.  USCC  filed  a  response  on  July  5,  2002.  After 
 considering  USCC’s  response  and  reviewing  the  record,  we  find  that  the  monetary  forfeiture  should  be  cancelled.  3 


 3.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Section  504(  b)  of  the  Communications  Act  of  1934,  as  amended,  4  and  Section  1.80(  f)(  4)  of  the  Rules,  5  the  NAL  issued 
 to  United  States  Cellular  Corporation  IS  CANCELLED. 


 1  United  States  Cellular  Corporation,  NAL  Acct.  No.  20023256006  (Enf.  Bur.,  Kansas  City  Office  rel. 
 June  5,  2002). 
 2  47  C.  F.  R.  §§  17.  21  and  17.  45. 


 3  See  47  U.  S.  C.  §  504(  b);  47  C.  F.  R.  §  1.  80(  f)(  4). 
 4  47  U.  S.  C.  §  504(  b). 
 5  47  C.  F.  R.  §  1.80(  f)(  4). 
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 Federal  Communications  Commission  DA  02-  2856 
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 4.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Order  shall  be  sent  by  first  class  mail  and  certified  mail,  return  receipt  requested,  to  United  States  Cellular  Corporation,  8410 
 West  Bryn  Mawr  Avenue,  Suite  700,  Chicago,  Illinois  60631,  and  to  its  counsel,  Peter  M.  Connolly,  Esquire,  at  Holland  &  Knight,  LLP,  2099  Pennsylvania  Avenue,  Suite  100, 
 Washington,  DC  20006. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 
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