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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
In the Matter of                 )
                                )
Lake Mobile Phone                )       File Number EB-02-KC-198
Owner of Antenna Structure       )
Number 1064409                   )       NAL/Acct.No.200232560008
Osage Beach, Missouri            )
                                )               FRN 0007-1278-06


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                         Released:  June 27, 2002

By the Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Lake  Mobile Phone, owner  of antenna structure  number 
1064409 at  Osage  Beach, Missouri,  willfully  violated  Section 
17.50 of the Commission's Rules1 by failing to clean and  repaint 
the antenna  structure as  often as  necessary to  maintain  good 
visibility.  We  conclude that  Lake Mobile  Phone is  apparently 
liable for a  forfeiture in  the amount of  ten thousand  dollars 
($10,000).


                         II.  BACKGROUND

     2.    On April 3,  2002, an agent of  the Kansas City  Field 
Office inspected  a  Lake  Mobile Phone  antenna  structure  with 
Antenna Structure  Registration number  1064409 located  at  1090 
Bluff Drive, Osage  Beach, Missouri.   The bands  of the  antenna 
structure were not clearly visible  due to the poor condition  of 
the structure's paint.  


                        III.  DISCUSSION

     3.   Section  17.50   of   the  Rules   states   ``[a]ntenna 
structures requiring painting under this part shall be cleaned or 
repainted as often  as necessary to  maintain good  visibility.''  
On April  3, 2002,  Lake  Mobile Phone  failed to  maintain  good 
visibility of its antenna structure number 1064409.

     4.   Based on the evidence before us, we find that on  April 
3, 2002, Lake Mobile Phone  willfully2 violated Section 17.50  of 
the Rules by failing to repaint its antenna structure as often as 
necessary to maintain good visibility.

     5.   Pursuant to  Section  1.80(b)(4)  of  the  Commission's 
Rules, the base forfeiture amount  for the violation(s) cited  in 
this  notice   is  $10,000.3     Section   503(b)(2)(D)  of   the 
Communications Act of 1934, as amended, requires us to take  into 
account ``... 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.''4  Considering  the 
entire record and  applying the statutory  factors listed  above, 
this case warrants a $10,000 forfeiture.


                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended,5  and 
Sections 0.111, 0.311 and 1.80  of the Commission's Rules,6  Lake 
Mobile Phone is hereby NOTIFIED  of its APPARENT LIABILITY FOR  A 
FORFEITURE in  the amount  of ten  thousand dollars  $10,000  for 
willful violation of Section 17.50 of the Commission's Rules.

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules, within thirty days of the release date of 
this Notice Of  Apparent Liability, Lake  Mobile Phone SHALL  PAY 
the full  amount  of the  proposed  forfeiture or  SHALL  FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     8.   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 must  include 
the FRN and NAL/Acct. No. referenced in the letterhead above.

     9.   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. and FRN referenced in the letterhead above.

     10.  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.  



     11.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.7 

     12.                                                  IT   IS 
FURTHER ORDERED THAT a copy of this Notice of Apparent  Liability 
shall be sent by regular  mail and Certified Mail Return  Receipt 
Requested to Lake Mobile Phone at 1090 Bluff Drive, Osage  Beach, 
Missouri  65065.



                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              Robert C. McKinney
                              District Director                  
Kansas City Office 
                              Enforcement Bureau
_________________________

1 47 C.F.R. 17.50.
2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally to 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 47 C.F.R.  1.80(b)(4).
4 47 U.S.C.  503 (b)(2)(D).
5 47 U.S.C.  503(b).
6 47 C.F.R.  0.111, 0.311, 1.80.
7 See 47 C.F.R.  1.1914.