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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Numbers EB-02-KC-441 &
US Cable Of Coastal Texas LP )
Owner of Two Unregistered Antenna ) NAL/Acct. No.2002322560016
Structures Located At or Near 32° )
28' 53'' North Latitude by 092° ) FRN 0004-4539-81
00' 26'' West Longitude Near
Paris, Missouri, and At or Near
39° 40' 22'' North Latitude by
091° 21' 23'' West Longitude
Approximately 3 Miles South of
Montvale, New Jersey
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 16, 2002
By the Enforcement Bureau, Kansas City Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find US Cable of Coastal Texas LP (``US Cable''),
apparently liable for a forfeiture in the amount of six thousand
dollars ($6,000) for willful and repeated violation of Section
17.4(a) of the Commission's Rules (``Rules'').1 Specifically, we
find US Cable of Coastal Texas LP failed to register two of its
antenna supporting structures in two different locations.
2. US Cable owns two antenna supporting structures, the
first located at or near geographical coordinates 32° 28' 53'' N
latitude & 092° 00' 26'' W longitude near Paris, Missouri, and
the second located at 39° 40' 22'' N latitude & 091° 21' 23'' W
longitude approximately 3 miles south of Hannibal, Missouri.
3. On June 4, 2002, an agent of the Commission's Kansas
City Office inspected the US Cable antenna structure located at
32° 28' 53'' N latitude & 092° 00' 26'' W longitude near Paris,
Missouri. The agent observed no Antenna Structure Registration
(``ASR'') numbers posted to identify this structure. The FCC ASR
database had no record that this antenna structure had been
4. On June 5, 2002, an agent of the Commission's Kansas
City Office inspected the second US Cable antenna structure
located at 39° 40' 22'' N latitude & 091° 21' 23'' W longitude
approximately 3 miles south of Hannibal, Missouri. The agent
observed no ASR numbers posted to identify this structure. The
FCC ASR database had no record that this antenna structure had
5. Section 17.4(a) of the Rules provides that the owner of
antenna structures that require notice to the Federal Aviation
Administration (``FAA'') must register structures with the
Commission. US Cable's two antenna structures required notice to
the FAA, and thus required registration with the Commission,
because they both exceeded 200 feet in height.2 US Cable failed
to register its antenna structure near Paris, Missouri as of June
4, 2002, and failed to register its antenna structure near
Hannibal, Missouri as of June 5, 2002.
6. Based on the evidence before us, we find that on June 4
and June 5, 2002, US Cable willfully3 and repeatedly4 violated
Section 17.4(a) of the Rules by failing to register two of its
7. Pursuant to Section 1.80(b)(4) of the Rules,5 the base
forfeiture amount for failure to register an antenna structure is
$3,000 for each violation. 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 Because US Cable failed to register two different
towers, this constitutes separate violations and it is
appropriate to impose a forfeiture for each. Considering the
entire record and applying the factors listed above, this case
warrants a $6,000 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 US Cable is hereby NOTIFIED of this APPARENT LIABILITY
FOR A FORFEITURE in the amount of six thousand dollars ($6,000)
for willful and repeated violation of Section 17.4(a) of the
Rules by failing to register its two antenna structures.
9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL, US
Cable 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
13. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to US Cable of Coastal Texas LP, 28 West Grand Avenue, Montvale,
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
Kansas City Office
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. §
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.