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In the Matter of                   ) File Number EB-03-KC-061
                                                             )
Alliance Communications Partners,  )                NAL/Acct. 
LP                                 )          No.200332560025  
Owner of Antenna Supporting        )
Structure 1006376                  )         FRN 0005-7978-99
in Ellsinore, Missouri
Denver, Colorado


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                    Released: April 14, 2003

By the Enforcement Bureau, Kansas City Office:


                         I.  INTRODUCTION

      1.  In   this  Notice   of   Apparent  Liability   for 
 Forfeiture  (``NAL''),  we  find   Alliance  Communications 
 Partners,  LP, owner  of  antenna  supporting  structure  # 
 1006376 located near the intersection of SR A and CR 346 in 
 Ellsinore, Missouri,  apparently liable  for forfeiture  in 
 the amount of  ten thousand  dollars ($10,000)  for willful 
 and repeated violation of Section 17.50 of the Commission's 
 Rules  (``Rules'').1    Specifically,   we  find   Alliance 
 Communications Partners, LP  apparently liable  for failure 
 to repaint its antenna  structure as often as  necessary to 
 maintain good visibility.  

                         II.  BACKGROUND

      2.  On March  29, 2003,  an agent of  the Commission's 
 Kansas  City Field  Office  inspected  a  cable  television 
 antenna structure located  at 36  55' 50''  North Latitude 
 and 90 45' 00''  West Longitude, near the  intersection of 
 SR A and CR 346 in  Ellsinore, Missouri.  Antenna Structure 
 Registration (``ASR'') number 1006376 was  displayed on the 
 building at the  base of  the tower.  The  Commission's ASR 
 database showed  Alliance  Communications  Partners, LP  as 
 owner of  the  antenna  structure  and that  the  structure 
 required  marking  and  lighting.   At  the   time  of  the 
 inspection, the paint on the structure  was badly faded and 
 peeling, resulting in poor visibility of the structure. 

      3.  On April 2, 2003,  the agent interviewed Mr. Steve 
 Bell  of  Cablevision   Communications,  a   subsidiary  of 
 Alliance Communications  Partners, LP.   Mr. Bell  is plant 
 manager for the  cable system in Ellsinore,  Missouri.  Mr. 
 Bell  stated he  did  not  know  when  the tower  was  last 
 painted, although he  thought ``maybe  7 or 8  years ago,'' 
 and that the company  had known for a couple  of years that 
 this tower  needed  repainting.  Mr.  Bell  stated that  no 
 estimates of  cost or  time frames  for tower  painting had 
 been obtained. 

                      III.  DISCUSSION

      4.  Section  17.50 of  the Rules  states that  antenna 
 structures requiring  painting  under  this part  shall  be 
 cleaned or repainted as often as necessary to maintain good 
 visibility.  Alliance  Communications Partners,  LP is  the 
 registered owner of antenna structure number 1006376 and is 
 responsible for maintaining the  structure's marking.2  The 
 ASR for  this  structure  requires  that the  structure  be 
 painted.  From at  least March  29, 2003, through  April 2, 
 2003,  Alliance  Communications  Partners,   LP  failed  to 
 maintain good visibility  of its antenna  structure.  Based 
 on  the  evidence   before  us,   we  find   that  Alliance 
 Communications  Partners,  LP  willfully3  and  repeatedly4 
 violated Section 17.50 of the Rules by  failing to clean or 
 repaint the  antenna  structure as  often  as necessary  to 
 maintain good visibility of the antenna structure markings.

      5.  Pursuant to Section 1.80(b)(4)  of the Rules,5 the 
 base forfeiture  amount  for  failure  to comply  with  the 
 prescribed marking is  $10,000.  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 $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

      6.  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 Alliance Communications Partners, LP is 
 hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE 
 in the amount of ten thousand dollars ($10,000) for willful 
 and repeated  violation of  Section 17.50  of the  Rules by 
 failing to clean or repaint its  antenna structure as often 
 as necessary  to maintain  good visibility  of the  antenna 
 structure markings.

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

      8.  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

      9.  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.  

      10. 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.

      11. 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.

      12.  IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
 shall be  sent by  regular mail  and Certified  Mail Return 
 Receipt Requested to Alliance  Communications Partners, LP, 
 360 S. Monroe, Suite 600, Denver, CO.  80209.


                         FEDERAL COMMUNICATIONS COMMISSION





                         Robert C. McKinney
                         Kansas City Office
                         Enforcement Bureau
Attachment
_________________________

1 47 C.F.R.  17.50.

2 See 47 C.F.R.  17.6(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.