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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Charter Communications, LLC ) File Number
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
St. Louis, Missouri
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
By the Enforcement Bureau, Atlanta Office:
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.
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.
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
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
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
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
Atlanta 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 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.