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 Federal  Communications  Commission  DA  04-  904 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  matter  of 
 CenturyTel  Wireless  of  Michigan  RSA  #1&  2,  Inc. 


 Vancouver,  Washington 


 )  ) 
 )  ) 
 )  ) 


 NAL/  Acct.  No.  200332360002 
 File  No.  EB-  02-  DT-  987 
 FRN:  0004-  5240-  96 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  March  31,  2004  Released:  April  2,  2004 
 By  the  Chief,  Enforcement  Bureau: 
 1.  In  this  Memorandum  Opinion  and  Order  (“  Order”),  we  cancel  a  proposed  monetary  forfeiture  1  issued  in  the  amount  of  thirteen  thousand  dollars  ($  13,000)  to  CenturyTel  Wireless  of 
 Michigan  RSA  #1&  2,  Inc.  (“  CenturyTel”)  for  its  apparent  willful  and  repeated  violation  of  Section  303(  q)  of  the  Communications  Act  of  1934  as  amended  (“  Act”),  2  and  of  Sections  17.48(  a)  and  17.51(  b)  of  the 
 Commission’s  Rules  (“  Rules”).  3  The  alleged  violations  involve  CenturyTel’s  failure  to  exhibit  top  obstruction  lighting  on  a  tower  and  to  report  an  outage  of  obstruction  lighting  to  the  nearest  Flight  Service 
 Station  or  office  of  the  Federal  Aviation  Administration.  Based  on  our  review  of  CenturyTel’s  response  to  the  NAL,  we  conclude  that  CenturyTel  did  not  willfully  and/  or  repeatedly  violate  Section  303(  q)  of  the 
 Act  or  Sections  17.48(  a)  and  17.51(  b)  of  the  Rules.  Specifically,  the  lighting  outage  was  caused  by  lightning  and  the  licensee  promptly  reported  the  outage  to  the  Federal  Aviation  Administration. 
 Accordingly,  we  conclude  that  no  forfeiture  should  be  imposed. 
 2.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Section  504(  b)  of  the  Act  and  Section  1.80(  f)(  4)  of  the  Rules,  4  the  instant  Notice  of  Apparent  Liability  for  Forfeiture,  NAL/  Acct.  No. 


 200332360002,  IS  CANCELLED. 
 3.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Order  shall  be  sent  by  first  class  mail  and  certified  mail,  return  receipt  requested,  to  Vicki  Schultheis,  Manager,  FCC  Licensing,  CenturyTel 


 Wireless  of  Michigan  RSA  #1&  2,  Inc.,  PO  Box  9901,  Vancouver,  Washington  98668-  8701. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 
 1  Notice  of  Apparent  Liability  for  Forfeiture,  NAL/  Acct.  No.  200332360002  (Enf.  Bur.,  Detroit  Office,  released 
 November  8,  2002).  2 
 47  U.  S.  C.  §  303(  q).  3 
 47  C.  F.  R.  §§  17.  48(  a)  and  17.  51(  b).  4 
 47  U.  S.  C.  §  504(  b);  47  C.  F.  R.  §  1.80(  f)(  4). 
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