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 Federal  Communications  Commission  DA  04-  1142 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  matter  of 
 Steven  D.  Semon,  Jackie  L.  Semon  dba  Sedalia  Smiles,  Owner  of  Antenna  Structure 
 #  1010169  near  Everton,  Missouri 
 Sedalia,  Missouri 


 )  ) 
 )  ) 
 )  ) 
 ) 


 File  Number  EB-  02-  KC-  755 
 NAL/  Acct.  No.  200332560004 
 FRN  0005-  8717-  93 


 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). 
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