Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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


In the Matter of                   )      File Number EB-03-KC-005
                                                             )
The Helicon Group L.P.             )     NAL/Acct. No.200332560014
Owner of Unregistered Antenna      )
Structure Located 37 05' 02''     )              FRN 0005-0994-60
North Latitude and 96 11' 11''    )
West Longitude, near Sedan,        )
Kansas                             )
St. Louis, Missouri

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                     Released: April 4, 2003

By the Enforcement Bureau, Kansas City Office:


                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''),  we  find   The  Helicon  Group  L.P. 
(``Helicon''),  owner of  the antenna  structure located  at 
coordinates 37  05' 02''  North Latitude  and 96  11' 11'' 
West  Longitude, just  south  of  Sedan, Kansas,  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 Helicon  apparently liable for failure 
to register its antenna structure.

                          II.  BACKGROUND

     2.   On  January   14,  2003,  an  agent   of  the  FCC 
Enforcement  Bureau's  Kansas   City  Office  inspected  the 
antenna structure located at 37 05' 02'' North Latitude and 
96 11' 11'' West Longitude,  near Sedan, Kansas.  The agent 
noted that  the structure  was painted  and fitted  with red 
lighting,   however,  there   was  no   evidence  of   tower 
registration with the  Commission.  A telephone conversation 
later in  the day with  Mr. Strain of Helicon  confirmed the 
tower was not registered.  

     3.   On  January  23,  2003,  the agent  spoke  with  a 
representative  of Helicon  who  verified  that The  Helicon 
Group L.P.  owned the antenna structure  since about January 
2000  and that  the structure  was not  registered with  the 
Commission.  The  Federal Aviation  Administration (``FAA'') 
study for the  structure required that the  tower be painted 
and lighted since it is over 200 feet tall. 

                      III.  DISCUSSION
  
     4.   Section  17.4(a) of  the Rules  provides that  the 
owner  of any  proposed or  existing antenna  structure that 
requires  notice of  proposed construction  to the  FAA must 
register  the  structure   with  the  Commission.  Helicon's 
antenna structure  required notification to the  FAA because 
the  structure exceeded  200  feet  in height.2   Therefore, 
Helicon's    antenna     structure    required    Commission 
registration.   From at  least January  2000 to  January 23, 
2003, The Helicon Group L.P.  failed to register its antenna 
structure with the Commission.

     5.   Based  on  the evidence  before  us,  we find  The 
Helicon  Group  L.P.  willfully3  and  repeatedly4  violated 
Section  17.4(a) of  the Rules  by failing  to register  its 
antenna  structure with  the  Commission  from January  2000 
until January, 2003.

     6.   Pursuant to Section 1.80(b)(4)  of the 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  The Helicon  Group  L.P.  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  for 
failing to register its antenna structure.

     8.   IT  IS FURTHER  ORDERED THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, The  Helicon Group L.P. 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  The   Helicon  Group   L.P.,  12405 
Powerscourt Drive, St. Louis, MO 63131-3674.



                         FEDERAL COMMUNICATIONS COMMISSION




                         Robert C. McKinney
                         District Director
                         Kansas City Office
                         Enforcement Bureau


Attachment
_________________________

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.