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


In the Matter of                   )     File Number EB-02-KC-502
                                                            )
Missouri RSA No.2 Partnership      )    NAL/Acct. No.200232560019
d.b.a. Alltel                      )
Owner of Antenna Structure         )             FRN 0001-8373-27
#1004380 near Ridgeway, Missouri   )
Little Rock, Arkansas

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                          Released: July 24, 2002

By the Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find  Missouri RSA No.2  Partnership d.b.a.  Alltel 
(``Alltel''), owner  of  antenna structure  #1004380,  apparently 
liable for a  forfeiture in  the amount of  ten thousand  dollars 
($10,000)  for  willful  violation   of  Section  17.50  of   the 
Commission's Rules (``Rules'').1  Specifically, we find  Missouri 
RSA No.2 Partnership d.b.a. Alltel apparently liable for  failure 
to clean and  repaint their  antenna structure  to maintain  good 
visibility.

                         II.  BACKGROUND

     2.   On June  24, 2002,  the antenna  structure bearing  FCC 
registration number 1004380 and  located near Ridgeway,  Missouri 
was inspected by an agent  of the Commission's Kansas City  Field 
Office. At the time of inspection, the paint on the structure was 
severely faded reducing visibility of the structure.

                        III.  DISCUSSION

     3.   Antenna  structure  registration  #1004380  shows  this 
structure is registered  to, and owned  by Alltel, and  specifies 
lighting  and   painting  for   this  structure   that   includes 
requirements that  the  structure  be  painted  with  alternating 
aviation orange  and white  bands.  Section  17.50 of  the  Rules 
requires  antenna  structure  owners  to  clean  or  repaint  the 
structure as necessary to maintain good visibility.  On June  24, 
2002, the required paint  on Alltel's antenna structure  #1004380 
was severely faded and no longer the required aviation orange  in 
color.  As a result the structure was not clearly visible. 
 
     4.   Based  on  the  evidence  before  us,  we  find  Alltel 
willfully2 violated  Section 17.50  of the  Rules by  failing  to 
clean and repaint the antenna structure as necessary to  maintain 
good visibility.

     5.   Pursuant to Section 1.80(b)(4) of the Rules,3 the  base 
forfeiture amount for failure to clean and repaint this structure 
is $10,000.  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.4  Considering 
the entire record  and applying  the factors  listed above,  this 
case warrants a forfeiture of $10,000.

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,5 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,6 Missouri  RSA No.2  Partnership d.b.a.  Alltel is  hereby 
NOTIFIED of  this  APPARENT LIABILITY  FOR  A FORFEITURE  in  the 
amount of ten thousand dollars ($10,000) for willful violation of 
Section 17.50 of the Rules by failing to clean and repaint  their 
antenna structure to maintain good visibility.

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Missouri RSA No.2 Partnership d.b.a.  Alltel  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 should note the 
NAL/Acct. No. and FRN referenced above.  Requests for payment  of 
the full amount of this NAL  under an installment plan should  be 
sent to:  Chief, Revenue  and Receivables  Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.7

     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. referenced 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.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Missouri RSA No.2 Partnership d.b.a. Alltel, One Allied Drive, 
B2F02-A, Little Rock, AR  72202.



                         FEDERAL COMMUNICATIONS COMMISSION

                         
                         
                         Robert C. McKinney
                         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 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 4387-88 (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.