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

In the Matter of                 )
                                )       File Number: EB-02-BF-
North Country Repeaters          ) 338
Owner of antenna structure on    )
Rand Hill                        )       NAL/Acct. No. 
Beekmantown, New York            ) 200332280008
                                )
                                        FRN: 0004-1349-61

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: March 12, 2003

By the Resident Agent, Buffalo Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find that North Country Repeaters (``NCR''),  owner 
of antenna structure #1009975,  has apparently violated  Sections 
17.4(a),  17.4(g),   and   17.50  of   the   Commission's   Rules 
(``Rules'')1 by failing  to register the  tower, failing to  post 
the Antenna Structure Registration  (``ASR'') number at the  base 
of the antenna structure;  and failing to  clean and repaint  its 
antenna structure to maintain good visibility.  We conclude  that 
NCR is  apparently  liable for  a  forfeiture in  the  amount  of 
fifteen thousand dollars ($15,000).

                         II.  BACKGROUND

     2.   On August  28,  2002,  an  agent  of  the  Commission's 
Buffalo Office inspected  the antenna structure  located on  Rand 
Hill, in Beekmantown, New York.   At the time of inspection,  the 
agent found that the tower paint  was chipped and faded, that  no 
Antenna Registration Number was posted, and that the  coordinates 
of the tower did  not match the  coordinates registered with  the 
FAA and FCC.

     3.   On September  9,  2002,  the Buffalo  Office  issued  a 
Notice of Violation  (``NOV'') to North  Country Repeaters.   The 
NOV cited violations of Sections  17.4(a), 17.4(g), and 17.50  of 
the Rules.

     4.   On September 18,  2002, the Buffalo  Office received  a 
response from Mr. Erling Svendsen.  In the reply, he stated  that 
the tower had  been repainted, paperwork  was being processed  to 
correct the coordinates in  the FAA and  FCC databases, and  that 
the Antenna Registration  Number 1009975, was  now posted at  the 
base of the tower.

     5.   On  December  16,  2002,   Agent  Stanbro  phoned   Mr. 
Svendsen, inquiring  about  the  current status  to  correct  the 
coordinates for  tower  #1009975.   Mr. Svendsen  stated  he  had 
submitted the  paperwork and  would  fax a  copy to  the  Buffalo 
Office.

                        III.  DISCUSSION

     6.   Section 17.4(a) of the Rules  requires the owner of  an 
existing or  proposed  tower  that requires  notice  of  proposed 
construction to the Federal Aviation Administration must register 
the structure with the  Commission.  All information provided  to 
the Federal  Aviation  Administration and  Federal  Communication 
Commission must be accurate.  At the time of inspection, the  FCC 
database showed  there was  no tower  registered at  or near  the 
coordinates observed by the  agent, and subsequently verified  by 
the licensee's surveyor.

     7.   Section  17.4(g)  of  the  Rules  states  the   Antenna 
Structure Registration Number must be displayed in a  conspicuous 
place so that it is readily visible near the base of the  antenna 
structure.  NCR did  not have an  Antenna Structure  Registration 
number posted.

     8.   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.   At 
the  time  of  inspection,  NCRs'  tower  paint  visibility   had 
deteriorated over time  to the  point of  being a  hazard to  air 
navigation.

     9.   Based on  the  evidence before  us,  we find  that  NCR 
willfully2 and  repeatedly3 violated  Sections 17.4(a),  17.4(g), 
and 17.50 of the rules by failing to properly register the tower, 
failing to post the  ASR number at the  base of the antenna,  and 
failing to repaint  the tower to  maintain good visibility.   The 
Commission's Forfeiture Policy Statement and Amendment of Section 
1.80 of the  Rules to Incorporate  the Forfeiture Guidelines,  12 
FCC Rcd 17087, 17113 (1997), recon. denied, 15 FCC Rcd  303(1999) 
(``Forfeiture Policy  Statement'')4,  sets  the  base  forfeiture 
amount  at  $3,000  for  failure   to  file  required  forms   or 
information, and $10,000  for failure to  comply with  prescribed 
lighting and/or marking requirements.  Section 1.80(b)(4) of  the 
Rules5 does not establish a base forfeiture amount for failure to 
post the ASR  number.6  The Commission  has determined,  however, 
that an appropriate  base forfeiture amount  for failure to  post 
the ASR  number  is  $2,000 per  violation.7   In  assessing  the 
monetary  forfeiture  amount,  we  must  take  into  account  the 
statutory factors  set  forth  in  Section  503(b)(2)(D)  of  the 
Communications Act of 1934 (``Act''), as amended8, 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.  Applying the Forfeiture Policy Statement 
and  the  statutory  factors  listed  above,  and  applying   the 
inflation adjustments, we believe that a fifteen thousand  dollar 
($15,000) monetary forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act9, and Sections  0.111, 0.311 and  1.80 of  the 
Rules10, North  Country  Repeaters  is  hereby  NOTIFIED  of  its 
APPARENT LIABILITY  FOR A  FORFEITURE in  the amount  of  fifteen 
thousand dollars ($15,000) for willful and repeated violation  of 
Sections 17.4(a), 17.4(g), and 17.50 of the Rules.

     11.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT  LIABILITY, North  Country Repeaters,  SHALL PAY  the 
full amount of the  proposed forfeiture or  SHALL FILE a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     12.  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. 200332280008 and FRN: 0004-1349-61.

     13.  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. 200332280008.

     14.  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.  

     15.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.11 

     16.  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  and 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.

     17.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested,  to  North  Country  Repeaters,  994  Military 
Turnpike, Plattsburgh, New York 12901-5926.


                              FEDERAL COMMUNICATIONS COMMISSION




                              Gene J. Stanbro
                              Resident Agent
                              Buffalo Office











Attachment A: Condensed List of Small Entities
_________________________

1 47 C.F.R.  17.4(a), 17.4(g), and 17.50

2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to Section 503(b) of the Act, provide that       ``the 
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).

3 Section 312(f)(2), which also applies to Section 503(b), 
provides: [t]he 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.

4 47 C.F.R.  1.80.

5 47 C.F.R.  1.80(b)(4).
 
6 See The Commission's Forfeiture Policy Statement and Amendment 
of Section 1.80 of the Rules to Incorporate the Forfeiture 
Guidelines (``Forfeiture Policy Statement''), 12 FCC Rcd 17087 
(1997), recon. denied 15 FCC Rcd 303 (1999).  The Forfeiture 
Policy Statement states that ``...any omission of a specific rule 
violation from the ...[forfeiture guidelines]...should not signal 
that the Commission considers any unlisted violation as 
nonexistent or unimportant.  Forfeiture Policy Statement, 12 FCC 
Rcd at 17099.  The Commission retains the discretion, moreover, 
to depart from the Forfeiture Policy Statement and issue 
forfeitures on a case-by-case basis, under its general forfeiture 
authority contained in Section 503 of the Act. Id.

7 American Tower Corporation, 16 FCC Rcd 1282 (2001)

8 47 U.S.C.  503(b)(2)(D).

9 47 U.S.C.  503(b).

10 47 C.F.R.  0.111 and 0.311.
11 See 47 C.F.R.  1.1914.