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




In the Matter of                   )
                                                             )
Charter Communications, LLC        )               File Number 
                                  )         EB-03-AT-086
Owner of Unregistered Antenna      )
Structure located at 34 30' 13''  )                  NAL/Acct. 
North Latitude by 82 36' 23''     )       No.200332480027
West Longitude in Anderson, South  )
Carolina                           )                    FRN 
                                     0002-5310-93
St. Louis, Missouri



         NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                             Released:  July 
1, 2003 

By the Enforcement Bureau, Atlanta Office:


                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''), we  find Charter  Communications, LLC 
(``Charter''),  owner of  the antenna  structure located  at 
coordinates 34  30' 13''  North Latitude  and 82  36' 23'' 
West  Longitude,  in  Anderson, South  Carolina,  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 Charter Communications, LLC apparently 
liable for failing to register its antenna structure.

                         II.  BACKGROUND

     2.   On April 16, 2003, an agent of the FCC Enforcement 
Bureau's Atlanta  Office (``Atlanta Office'')  inspected the 
antenna structure located at 34 30' 13'' North Latitude and 
82 36'  23'' West  Longitude, in Anderson,  South Carolina.  
The structure was painted and lighted and was being utilized 
for  the  transmission  of   radio  frequency  energy.   The 
Commission's Antenna Structure  Registration database showed 
no record of this structure having been registered.

     3.   On   May  8,   2003,  the   agent  interviewed   a 
representative of Charter  Communications, who verified that 
Charter Communications, LLC owned  the antenna structure and 
that the  structure was not registered  with the Commission.  
The representative  was aware  of the requirements  that the 
tower be registered.  The  representative also verified that 
the antenna structure  was 240 feet in height  and was being 
utilized for the transmission of radio frequency energy. 

                      III.  DISCUSSION

     4.   Section  17.4(a)  of   the  Rules  provides  that, 
effective  July  1, 1996,  owners  of  any existing  antenna 
structures that require notification to the Federal Aviation 
Administration  (``FAA'') must  register the  structure with 
the Commission.   Section 17.4(a)(2)  of the  Rules provides 
that, effective July 1, 1998, owners of an antenna structure 
that  had been  assigned painting  or lighting  requirements 
prior to July 1, 1996,  must register the structure with the 
Commission.     Charter's    antenna   structure    required 
notification to  the FAA because the  structure exceeded 200 
feet  in height.2   Therefore,  Charter's antenna  structure 
required Commission  registration.   From at least  April 16 
through May 8, 2003, Charter failed to register this antenna 
structure.

     5.   Based on  the evidence before us,  we find Charter 
willfully3 and  repeatedly4 violated Section 17.4(a)  of the 
Rules by failing to register its antenna structure.

     6.   Pursuant to Section 1.80(b)(4) of the Commission's 
Rules,5 the  base forfeiture amount for  failing to register 
an  antenna structure  is $3,000  (failure to  file 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.6   Considering the  entire 
record and applying the statutory factors listed above, this 
case warrants a $3,000 forfeiture.

                    IV.  ORDERING CLAUSES

     7.   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  Charter Communications, LLC  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  an antenna  structure  that  requires 
notification to the Federal Aviation Administration.

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

     9.   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

     10.  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.  

     11.  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. 

     12.  Under the  Small Business Paperwork Relief  Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or  in a separate filing  to be sent to  the Technical & 
Public Safety Division.   Your certification should indicate 
whether   you,  including   your  parent   entity  and   its 
subsidiaries, meet one  of the definitions set  forth in the 
list provided by the FCC's Office of Communications Business 
Opportunities  (OCBO)  set forth  in  Attachment  A of  this 
Notice of Apparent Liability.  This information will be used 
for  tracking purposes  only.  Your  response or  failure to 
respond to this question will  have no effect on your rights 
and  responsibilities  pursuant  to Section  503(b)  of  the 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990. 











     13.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt  Requested  to  Charter Communications,  LLC,  12405 
Powerscourt Drive, St.  Louis, MO 63131.  A  copy shall also 
be sent to Charter Communications,  LLC, 503 South Main St., 
Mauldin, SC 29662.



                         FEDERAL COMMUNICATIONS COMMISSION



                         Fred L. Broce
                         District Director
                         Atlanta Office, Enforcement Bureau



Attachment A

_________________________

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

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

3 Section 312(f)(1) of the Communications Act of 1934, as 
amended (``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).

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.