_______________Federal Communications Commission________DA 96-1618
Before the
Federal Communications Commission 
Washington, D.C. 20554
In re )
Fayetteville Cellular Telephone Company L.P.) File No. 620EF0021
Notice of Apparent Liability for Forfeiture )
for Cellular Radiotelephone Service )
Station KNKA485 )
Fayetteville, North Carolina )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE 
Adopted: September 26, 1996; Released: September 27, 1996
By the Chief, Enforcement Division, Wireless Telecommunications Bureau:
1. This action constitutes a Notice of Apparent Liability for Forfeiture, pursuant to 
Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), against 
[ayetteville Cellular Telephone Company L.P. ("FCTC"), licensee of Cellular Radiotelephone 
Service Station KNKA485, Fayetteville, North Carolina. Specifically, we find that FCTC failed 
(O give a directional AM broadcast station prior notice before carrying out planned construction 
of a tower near the station in apparent violation of Section 22.371(b) of the Commission's Rules, 
47 C.F.R. § 22.371(b).
2. Communications Engineering Services, P.C. ("CES") was hired by FCTC to construct 
its cellular base station. In correspondence dated August 4,1995, CES told WIDU Broadcasting, 
Inc.. licensee of Radio Station WIDU (AM), Fayetteville, North Carolina, that CES had erected 
u 190 foot tower approximately 0.87 km (0.54 miles) from the antenna system of WIDU. 1 
Further, CES admitted that through an oversight, it did not recognize the proximity of WIDU to 
the cellular base station location until after construction.
3. On October 3, 1995, WIDU filed a complaint with the Chief, AM Branch, Audio 
Services Division of the Mass Media Bureau. It stated that FCTC constructed a cellular 
Telephone tower and antenna within the vicinity of its directional AM broadcast station array 
without prior notification as required by Section 22.37l(b).
Letter from B. Scott Baxter, CES engineer, to Wes Cookman, Station WIDU (Aug. 4, 1995).
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_____Federal Communications Commission DA 96-1618
4. Section 22.371(b) of the Commission's Rules provides in pertinent part:
If tower construction or modification is planned within 3 kilometers (1.9 miles) 
of a directional AM broadcast station array, the Public Mobile Service licensee 
must notify the licensee of the AM broadcast station in advance of the planned 
construction or modification.
47 C.F.R. § 22.371(b) (emphasis added).
5. There is no dispute that FCTC failed to give prior notice to the directional AM 
broadcast station in advance of the antenna tower construction within 3 km (1.9 miles) of 
WIDU's AM broadcast station array. Thus, FCTC willfully and repeatedly violated Section 
22.371(b) of the Commission's Rules. Taking into account previous forfeiture penalties assessed 
for violations of similar nature, and the factors listed in Section 503(b) of the Aci the 
Commission determines that a forfeiture of $4,000 is justified for FCTC's failure to give prior 
notice in violation of Section 22.371(b). See AllCity Paging, Inc., 9 FCC Red 6485 (1994).
6. Accordingly, pursuant to Section 503(b) of the Communications Act of 1934, as 
amended, 47 U.S.C. § 503(b) and Section 1.80 of the Commission's Rules, 47 C.F.R. § 1.80, 
FCTC is hereby advised of its APPARENT LIABILITY FOR FORFEITURE in the amount of 
four thousand dollars ($4,000) for repeated violation of Section 22.371(b).
7. Payment of the forfeiture may be made by credit card or by mailing a check or similar 
instrument, payable to the order of the Federal Communications Commission, sending it to the 
Federal Communications Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The 
payment should note the File Number of the above-captioned proceeding.
8. A copy of this Notice is being sent to Suzanne Carmel, GTE Mobilnet of Fayetteville 
Inc.,2 1850 M Street, N.W., Suite 1200, Washington, DC 20036-5801, by Certified Mail, Return 
Receipt Requested.
FEDERAL COMMUNICATIONS COMMISSION
lioward C. Davenport 
Chief, Enforcement Division 
Wireless Telecommunications Bureau
2 GTE Mobilnet of Fayetteville is the general partner of the Fayetteville Cellular Telephone Companv Limited 
Partnership.
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