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 Federal  Communications  Commission  FCC  02-  278 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of 
 SpectraSite  Communications,  Inc. 
 Cary,  North  Carolina 


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 File  No.  EB-  02-  SD-  004 
 NAL/  Acct.  No.  200232940004 
 FRN  #  0006-  1525-  73 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  October  4,  2002  Released:  October  8,  2002 
 By  the  Commission: 
 1.  In  this  Memorandum  Opinion  and  Order,  we  cancel  $6,000  of  a  proposed  forfeiture  assessment  against  SpectraSite  Communications,  Inc.,  Cary,  North  Carolina  (SpectraSite). 


 2.  On  April  25,  2002,  we  issued  the  Notice  of  Apparent  Liability  for  Forfeiture  (NAL)  1  to  SpectraSite  for  six  apparent  violations  of  Section  303(  q)  of  the  Communications  Act  of  1934,  as  amended 
 (Act),  2  and  Part  17  of  the  Commission’s  Rules  (Rules)  relating  to  tower  construction,  marking,  and  lighting.  3  SpectraSite  paid  $105,000  of  a  $111,000  proposed  forfeiture  assessment  relating  to  5  of  the  6 
 apparent  violations  identified  in  the  NAL.  It  challenges  the  remaining  $6,000  assessed  for  its  apparent  failure  to  post  an  Antenna  Structure  Registration  number  at  its  Oakdale,  California  site  in  violation  of 
 Section  17.4(  g).  4  In  its  response  to  the  NAL,  SpectraSite  asserts,  for  the  first  time,  that  it  voluntarily  registered  the  Oakdale  antenna  structure  (i.  e.,  the  antenna  structure  is  not  subject  to  the  Federal  Aviation 
 Administration’s  notification  requirement  and,  hence,  our  tower  construction,  marking,  and  lighting  rules).  5  Our  review  confirms  SpectraSite’s  assertion.  6  Accordingly,  we  cancel  the  outstanding  $6,  000 
 proposed  forfeiture  assessment.  7 
 3.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Section  504(  b)  of  the  Act,  the  $6,000  forfeiture  proposed  against  SpectraSite  Communications,  Inc.  for  apparent  violation  of  Section  17.4(  g)  of 
 the  Rules  at  its  Oakdale,  California  site  IS  CANCELLED. 
 1  See  SpectraSite  Communications,  Inc.,  17  FCC  Rcd  7884  (2002). 
 2  47  U.  S.  C.  §  303(  q)  (antenna  structure  owners  shall  maintain  the  painting  and  lighting  of  antenna  structures  as 
 prescribed  by  the  Commission).  3 
 47  C.  F.  R.  §  17.1  et  seq.  4 
 47  C.  F.  R.  §  17.4(  g);  ASR  No.  1208406;  37°  47’  39.  5”  N  and  120°  54’  50.  7”  W.  5 
 In  response  to  a  Notice  of  Violation  issued  on  May  4,  2001,  SpectraSite  informed  us  only  that  it  had  posted  the  appropriate  signage. 


 6  Sections  17.  7  and  17.  14  of  the  Rules  detail  the  type  of  antenna  structure  construction  and  alteration  that  requires 
 notification  to  the  Federal  Aviation  Administration  (e.  g.,  height  greater  than  200  feet  above  ground  level  and  height  and  distance  from  airports).  47  C.  F.  R.  §§  17.  4,  17.  14.  In  this  case,  we  did  not  find  any  criterion  that  applied  to 


 SpectraSite’s  Oakdale  antenna  structure.  7 
 See  VoiceStream  PCS  I  License,  L.  L.  C.,  16  FCC  Rcd  7584  (Enf.  Bur.  2001);  AT&  T  Wireless  Services,  Inc.,  16  FCC  Rcd  6805  (Enf.  Bur.  2001). 
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 Federal  Communications  Commission  FCC  02-  278 
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 4.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Memorandum  Opinion  and  Order  shall  be  sent  by  certified  mail,  return  receipt  requested,  to  John  Lynch,  Esq.,  Vice-  President,  General 
 Counsel,  and  Secretary,  SpectraSite  Communications,  Inc.,  100  Regency  Forest  Drive,  Cary,  North  Carolina  27511,  and  to  Ms.  M.  Anne  Swanson,  Esq.  Dow,  Lohnes  &  Albertson,  1200  New  Hampshire 
 Avenue,  N.  W.,  Suite  800,  Washington,  D.  C.  20036-  6802. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Marlene  H.  Dortch  Secretary 
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