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 Federal  Communications  Commission  DA  04-  1752 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  matter  of 
 WGUL-  FM,  Inc.  Owner  of  Antenna  Structure  Registration  Number 
 1027884  in  Lecanto,  Florida  Palm  Harbor,  Florida 


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 File  Number  EB-  03-  TP-  457 
 NAL/  Acct.  No.  200432700012 
 FRN  0005815832 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  June  22,  2004  Released:  June  24,  2004 
 By  the  Chief,  Enforcement  Bureau: 
 1.  In  this  Memorandum  Opinion  and  Order  (“  Order”),  we  cancel  a  thirteen  thousand  dollar  ($  13,000)  Notice  of  Apparent  Liability  for  Forfeiture  (“  NAL”)  1  issued  to  WGUL-  FM,  Inc.  (“  WGUL-FM”) 
 for  its  apparent  willful  and  repeated  violation  of  Sections  17.51(  a)  2  and  17.  57  3  of  the  Commission’s  Rules  (“  Rules”).  The  alleged  violation  involved  WGUL-  FM’s  failure  to  exhibit  the  required  red 
 obstruction  lighting  on  antenna  structure  #1027884  from  sunset  to  sunrise  and  failure  to  notify  the  Commission  immediately  upon  any  change  in  ownership  information.  Based  on  our  review  of  WGUL-FM’s 
 response  to  the  NAL,  we  conclude  that,  contrary  to  the  contemporaneous  statements  made  by  WGUL-  FM  employees  at  the  time  of  the  inspection,  WGUL-  FM  is  not  the  owner  of  antenna  structure 
 #1027884.  Thus,  we  conclude  that  no  forfeiture  should  be  imposed  against  WGUL-  FM. 
 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,  4  the  instant  Notice  of  Apparent  Liability  for 


 Forfeiture,  NAL/  Acct.  No.  200432700012,  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  WGUL-  FM,  Inc.,  35048  US  Highway  19,  North,  Palm  Harbor, 


 FL  34684  and  James  A.  Koerner,  Counsel  for  WGUL-  FM,  Inc.,  5809  Nicholson  Lane,  Suite  124,  North  Bethesda,  MD  20852-  5706. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 
 1  Notice  of  Apparent  Liability  for  Forfeiture,  NAL/  Acct.  No.  200432700012  (Enf.  Bur.,  Tampa  Office  rel.  March  8, 
 2004).  2 
 47  C.  F.  R.§  17.  51(  a).  3 
 47  C.  F.  R.  §  17.  57.  4 
 See  47  U.  S.  C.  §  504(  b);  47  C.  F.  R.  §  1.80(  f)(  4). 
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