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 Federal  Communications  Commission  DA  04-  2536 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Tennessee  Gas  Pipeline  Company  )  File  Number  EB-  02-  BF-  399  Owner  of  Antenna  Structure  #1009025  in  )  NAL/  Acct.  No.  200332280007 
 Syracuse,  New  York  )  FRN:  0001-  6428-  83  ) 
 ) 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  August  13,  2004  Released:  August  17,  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  Tennessee  Gas  Pipeline 
 Company  (“  Tennessee  Gas”),  owner  of  antenna  structure  #1009025  in  Syracuse,  New  York  for  its  apparent  willful  and  repeated  violation  of  Sections  17.4(  a)  and  17.50  of  the  Commission’s  Rules 
 (“  Rules”).  2  The  alleged  violation  involved  Tennessee  Gas’s  failure  to  properly  register  and  clean  and  repaint  its  antenna  structure  to  maintain  good  visibility.  Based  on  our  review  of  Tennessee  Gas’s 
 response  to  the  NAL  and  the  overall  record,  which  showed  that  Tennessee  Gas  had  registered  its  tower  and  installed  strobe  lights,  we  conclude  that  Tennessee  Gas  did  not  willfully  and  repeatedly  violate 
 Sections  17.4(  a)  and  17.50  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.  200332280007,  IS  CANCELLED. 
 3.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Order  shall  be  sent  by  Certified  Mail,  Return  Receipt  Requested,  and  by  First  Class  Mail  to  Tennessee  Gas  Pipeline  Company,  1001  Louisiana, 
 Houston,  TX  77002. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 


 1  Notice  of  Apparent  Liability  for  Forfeiture,  NAL/  Acct.  No.  200332280007  (Enf.  Bur.,  Buffalo  Office,  released  March 
 12,  2003). 
 2  47  C.  F.  R.  §§  17.4(  a)  and  17.50. 


 3  47  U.  S.  C.  §  504(  b);  47  C.  F.  R.  §  1.80(  f)(  4). 
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