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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554


In the Matter of                  )
                                 )
Alliance Communications           )      File Number EB-02-OR-239
Partners, L.P.                    )
                                 )     NAL/Acct.No. 200232620011
Owner of Antenna Structure No.    )
1039474 near Paragould,           )              FRN 0005-7978-99
Arkansas.                         )

Denver, Colorado




         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                Released: September 27, 2002

By the Enforcement Bureau, New Orleans Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''),  we find  Alliance Communications  Partners, L.P. 
(``Alliance''), owner  of antenna structure  number 1039474, 
apparently liable  for a forfeiture  in the amount  of three 
thousand dollars ($3,000) for willful and repeated violation 
of  Section 17.57  of the  Commission's Rules  (``Rules'').1  
Specifically, we find Alliance apparently liable for failing 
to notify the  Commission using FCC Form 854 of  a change in 
antenna structure ownership.  

                       II.  BACKGROUND

     2.  On July 31, 2002, an agent from the FCC Enforcement 
Bureau's   New  Orleans   Field  Office   inspected  antenna 
structure  number  1039474  near  Paragould,  Arkansas,  and 
observed that the Antenna  Structure Registration number was 
not posted anywhere near the base of the structure.  

     3.  On  August 12, 2002,  a search of  the Commission's 
records showed that this  structure was registered and owned 
by the Paragould Light  and Water Commission.  The Paragould 
Light and  Water Commission acknowledged  previous ownership 
of the structure, but stated that the tower had been sold to 
Alliance in 2001.  

     4.  On August 12, 2002, Alliance confirmed ownership of 
the  antenna  structure  located near  Paragould,  Arkansas.  
Alliance  produced  a  sales  agreement dated  May  1,  2001 
transferring ownership  of the structure from  the Paragould 
Light and Water Commission to Alliance.  


                      III.  DISCUSSION

     5.  Section 17.57 of the  Rules requires that the owner 
of an  antenna structure  immediately notify  the Commission 
using FCC  Form 854 upon  any change in structure  height or 
change  in  ownership  information.   Even  though  Alliance 
acquired  the structure  on May  1, 2001,  as of  August 12, 
2002,  the antenna  structure  was still  registered to  the 
Paragould Light and Water Commission.   

     6.   Based on  the  evidence before  us,  we find  that 
Alliance willfully2  and repeatedly3 violated  Section 17.57 
of  the Rules  by failing  to change  the antenna  structure 
ownership information.   

     7.  Pursuant  to Section 1.80(b)(4) of  the Rules,4 the 
base forfeiture amount for  failure to notify the Commission 
of  a  change  in  antenna  structure  ownership  is  $3,000 
(failure  to file  the required  forms or  information).  In 
assessing the monetary forfeiture  amount, we must also take 
into  account the  statutory  factors set  forth in  Section 
503(b)(2)(D) of  the Communications Act of  1934, as amended 
(``Act''), which include  the nature, circumstances, extent, 
and  gravity  of the  violation,  and  with respect  to  the 
violator, the  degree of  culpability, any history  of prior 
offenses, ability to pay, and  other such matters as justice 
may require.''5  Considering the  entire record and applying 
the  factors  listed  above,  this case  warrants  a  $3,000 
forfeiture.

                    IV.  ORDERING CLAUSES

     8.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,6  and Sections 0.111,  0.311 and 
1.80 of  the Rules,7 Alliance Communications  Partners, L.P. 
is  hereby  NOTIFIED  of   this  APPARENT  LIABILITY  FOR  A 
FORFEITURE in the amount  of three thousand dollars ($3,000) 
for willful and  repeated violation of Section  17.57 of the 
Rules by failing to notify the Commission of a change in the 
antenna tower structure ownership.   

     9.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL,  Alliance Communications Partners, L.P.  SHALL PAY 
the full amount  of the proposed forfeiture or  SHALL FILE a 
written statement  seeking reduction or cancellation  of the 
proposed forfeiture.

     10. Payment of the forfeiture  may be made by mailing a 
check or  similar instrument,  payable to  the order  of the 
Federal   Communications  Commission,   to  the   Forfeiture 
Collection Section,  Finance Branch,  Federal Communications 
Commission,  P.O. Box  73482, Chicago,  Illinois 60673-7482.  
The payment should note the NAL/Acct. No. and FRN referenced 
above.  Request for  payment of the full amount  of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivable Operations  Group,  445  12th Street,  S.W., 
Washington, D.C.  20554.8

     11. The  response, if  any, must  be mailed  to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street, SW, Washington, DC  20554, Attn: Enforcement Bureau-
Technical  & Public  Safety Division,  and MUST  INCLUDE THE 
NAL/Acct. No. referenced above.

     12.  The  Commission  will  not  consider  reducing  or 
canceling a forfeiture  in response to a  claim of inability 
to  pay  unless  the  petitioner submits:  (1)  federal  tax 
returns for the most recent three-year period; (2) financial 
statements   prepared   according  to   generally   accepted 
accounting practices (``GAAP''); or  (3) some other reliable 
and  objective documentation  that  accurately reflects  the 
petitioner's  current   financial  status.   Any   claim  of 
inability to  pay must  specifically identify the  basis for 
the  claim  by  reference  to  the  financial  documentation 
submitted.  

     13.   IT IS  FURTHER ORDERED  THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested to Alliance Communications Partners, L.P., 
360 South Monroe Street, Denver, CO  80209.



                              FEDERAL         COMMUNICATIONS 
COMMISSION
                         



                              James C. Hawkins
                              District Director, New Orleans 
Office
                              Enforcement Bureau
_________________________

1 47 C.F.R. 17.57.
2
 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed 
under Section 503(b) of the Act, provides that ``[t]he term 
`willful,' when used with reference to the commission or 
omission of any act, means the conscious and deliberate 
commission or omission of such act, irrespective of any 
intent to violate any provision of this Act ....''  See 
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).

3 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies equally to Section 503(b) of the Act, provides that 
``[t]he term `repeated,' when used with reference to the 
commission or omission of any act, means the commission or 
omission of such act more than once or, if such commission 
or omission is continuous, for more than one day.''

4  47 C.F.R.  1.80(b)(4).

5  47 U.S.C.  503 (b)(2)(D).

6  47 U.S.C.  503(b).

7  47 C.F.R.  0.111, 0.311, 1.80.
8 See 47 C.F.R.  1.1914.