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


In the Matter of                   )    File Number EB-02-KC-0549
                                                            )
St. Louis Mobile System Inc.       )    NAL/Acct. No.200232560023
Owner of Antenna Structure at      )
Latitude 38 17' 31" North and     )             FRN 0005-9463-55
Longitude 91 41" 50' West, near   )
Belle, Missouri
Rolla, Missouri
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: August 20, 2002

By the Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find St.  Louis Mobile  System Inc.,  owner of  an 
unregistered antenna  structure  located  at 38  17'  31"  North 
Latitude and 91  41" 50' West  Longitude, near Belle,  Missouri, 
apparently liable  for  a  forfeiture  in  the  amount  of  three 
thousand dollars ($3,000) for  willful and repeated violation  of 
Section  17.4(a)   of   the  Commission's   Rules   (``Rules'').1  
Specifically, we  find St.  Louis Mobile  System Inc.  apparently 
liable for failing to register its antenna structure.

                         II.  BACKGROUND

     2.   On June 18, 2002, an  agent of the Commission's  Kansas 
City Field Office inspected an  antenna structure at or near  the 
geographical coordinates 38 17' 31"  North Latitude and 91  41" 
50' West Longitude, near Belle, Missouri.  The antenna  structure 
was approximately  385  feet  in height.  There  was  no  Antenna 
Structure  Registration  (``ASR'')  number  posted  at  the  gate 
leading to the antenna structure  or the fencing surrounding  the 
antenna structure.

     3.   On July  15, 2002,  a search  of the  FCC ASR  database 
revealed  no  antenna  structure   registered  at  or  near   the 
geographical coordinates 38 17' 31"  North Latitude and 91  41" 
50' West Longitude, near Belle, Missouri.

     4.   Subsequent investigation  found  the owner  to  be  St. 
Louis Mobile Systems with  Mr. William (Bill)  G. Bowles, Jr.  as 
the contact.  The investigation  also confirmed that the  antenna 
structure is unregistered.

                        III.  DISCUSSION

     5.   Section  17.4(a)  requires  the  owner  of  an  antenna 
structure  that   requires  notice   to  the   Federal   Aviation 
Administration (``FAA'') to register  the antenna structure  with 
the Commission. St. Louis Mobile System Inc.'s antenna  structure 
requires FAA notification because it exceeds 200 feet in height.2  
From 1996 to July 17, 2002,  St. Louis Mobile System Inc.  failed 
to register its antenna structure located at or near 38 17'  31" 
North Latitude  and  91  41" 50'  West  Longitude,  near  Belle, 
Missouri.

     6.   Based on  the evidence  before us,  we find  St.  Louis 
Mobile System Inc.  willfully3 and  repeatedly4 violated  Section 
17.4(a)  of  the  Rules  by  failing  to  register  its   antenna 
structure.

     7.   Pursuant to Section 1.80(b)(4) of the Rules,5 the  base 
forfeiture amount for failure  to register the antenna  structure 
(failure to file  required forms or  information) is $3,000.   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.6   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,7 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,8 St. Louis Mobile System  Inc. 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 17.4(a) of the Rules  by failing to register its  antenna 
structure.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
St. Louis Mobile  System Inc. 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.  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. 20554.9

     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 St.  Louis Mobile  System Inc.,  PO Box  405, Rolla,  Missouri  
65402-0405.   


                         FEDERAL COMMUNICATIONS COMMISSION



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

1 47 C.F.R.  17.4(a).

2 See 47 C.F.R.  17.7(a).

3 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).

4 The 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.''  47 U.S.C.  
312(f)(2).

5 47 C.F.R.  1.80(b)(4).

6 47 U.S.C.  503(b)(2)(D).

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.