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


In the Matter of                   )
                                                             )
Falcon Cablevision                 )
D/B/A Charter Communications       )    File Number EB-03-KC-020
Operator of Cable System           )
in                                 )   NAL/Acct. No.200332560017
Osage Beach, Missouri              )
                                  )            FRN 0001-5308-72
St. Louis, Missouri                )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:   May 
9, 2003 

By the Enforcement Bureau, Kansas City Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''), we find  that Falcon Cablevision D/B/A 
Charter Communications (``Charter''),  operator of the cable 
television system  serving Osage Beach,  Missouri, willfully 
and   repeatedly  violated   Section   11.61(a)(1)  of   the 
Commission's  Rules  (``Rules'')1   by  failing  to  conduct 
required  monthly  tests  of   the  Emergency  Alert  System 
(``EAS'').  We  conclude that  Charter is  apparently liable 
for  a forfeiture  in  the amount  of  two thousand  dollars 
($2,000).

                         II.  BACKGROUND

     2.   On January 30, 2003,  an agent of the Commission's 
Kansas City  Field Office  inspected Charter's  cable system 
located at 5151 Highway 54,  Suite B, Osage Beach, Missouri, 
to verify compliance with the Commission's EAS requirements.  
Charter's  EAS receiver  was  improperly  set, rendering  it 
incapable  of receiving  monthly EAS  tests.  Charter's  EAS 
records for the period April  26, 2002, to January 30, 2003, 
contained  no  entries  showing that  Charter  had  received 
and/or   retransmitted  monthly   EAS   tests,  no   entries 
explaining failure to receive and  conduct the tests, and no 
entries  showing the  EAS  equipment had  been removed  from 
service  for repair.   Charter's  Head  End Technician,  Ken 
Haertling, stated  that Charter had only  been receiving and 
transmitting weekly EAS tests, but not monthly tests.  
         
     3.   On February 4, 2003, the Commission agent spoke by 
telephone  to   Charter's  Paul  Hartung  who   stated  that 
Charter's  Osage   Beach  system  EAS  equipment   had  been 
programmed with  the proper  settings and could  now receive 
the monthly tests.  

                      III.  DISCUSSION

     4.   Section  11.61(a)(1) of  the Rules  requires cable 
systems to  conduct monthly tests  of the EAS  header codes, 
Attention  Signal, Test  Script  and End  of Message  Codes.  
From at least April 26,  2002 to January 30, 2003, Charter's 
cable system in Osage Beach, Missouri, failed to conduct the 
monthly  EAS tests.   Charter's logs  showed no  evidence of 
receipt or retransmission of any of the required monthly EAS 
tests,  no entries  explaining  the failure  to receive  and 
conduct such tests, and no entries showing EAS equipment had 
been removed from service for repair.2

     5.   Based on the evidence before us, we find that from 
at  least  April  26,  2002 to  January  30,  2003,  Charter 
willfully3 and  repeatedly4 violated Section  11.61(a)(1) of 
the Rules  by failing  to conduct  the required  monthly EAS 
tests.

     6.   Pursuant to Section 1.80(b)(4)  of the Rules,5 the 
base forfeiture  amount for failure to  conduct required EAS 
tests (i.e., failure to make require measurements or conduct 
required monitoring)  is $2,000.  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 $2,000 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   Falcon  Cablevision  D/B/A  Charter 
Communications is hereby NOTIFIED  of its APPARENT LIABILITY 
FOR  A FORFEITURE  in  the amount  of  two thousand  dollars 
($2,000)  for  willful  and repeated  violation  of  Section 
11.61(a)(1)  of the  Rules  by failing  to conduct  required 
monthly EAS tests.

     8.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of  the Commission's Rules,  within thirty days  of the 
release date  of this  NOTICE OF APPARENT  LIABILITY, Falcon 
Cablevision D/B/A Charter Communications  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 
Notice  of  Apparent  Liability 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. and FRN 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 NOTICE 
OF  APPARENT LIABILITY  shall be  sent by  regular mail  and 
Certified   Mail   Return   Receipt  Requested   to   Falcon 
Cablevision D/B/A Charter  Communications, 12405 Powerscourt 
Drive, St. Louis, Missouri 63131.   


                         FEDERAL COMMUNICATIONS COMMISSION
                                                         


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

Attachment
_________________________

1 47 C.F.R.  11.61(a)(1).



2 EAS tests and activations, failure to receive such tests 
and activations, and EAS equipment malfunctions must be 
recorded in the station log.  See 47 C.F.R.  11.35(a)-(b), 
11.54(b)(12), 11.55(c)(7) and 11.61(b).

3 Section 312(f)(1) of the 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.