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

In the Matter of                )
                                )       File No. EB-03-DT-502
                                )
Comcast Cablevision of Michigan, LLC    )    NAL/Acct.        No. 
200432360001
Bad Axe, Michigan               )
                                )       FRN: 0006 8552 33


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                     Released:  December 23, 2003

By the District Director, Detroit Office, Enforcement Bureau:

                        I.  INTRODUCTION
 
     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we  find  that  Comcast  Cablevision  of  Michigan,  LLC 
(``Comcast''), has  apparently violated  Section 17.4(a)  of  the 
Commission's  Rules  (``Rules'')1  by  failing  to  register  its 
antenna structure located at 842  N. Huron Avenue, Harbor  Beach, 
Michigan.  We conclude  that Comcast is  apparently liable for  a 
forfeiture in the amount of three thousand dollars ($3,000).

                         II.  BACKGROUND

     2.   The Commission's  obstruction marking  and lighting  of 
antenna  structures  and  registration  requirements  operate  in 
concert  with  the  FAA   regulations  to  ensure  that   antenna 
structures do not present hazards to air navigation.   Generally, 
our rules  require  that  antenna  structures  located  close  to 
airports or that are greater than 200 feet in height comply  with 
painting and lighting  specifications to ensure  air safety.   We 
require antenna structure owners to register structures with  the 
Commission  and  post  registration  numbers  near  the  base  of 
structures to  allow for  easy contact  if problems  arise.   The 
Rules require registration  for all antenna  structures that  may 
pose a hazard  to air navigation  and have been  in effect  since 
1996.2  We have repeatedly advised antenna structure owners  that 
all existing,  unregistered  antenna structures  subject  to  our 
Rules must be registered immediately  or the owners could face  a 
monetary forfeiture or other enforcement action.3

     3.   Commission  field  agents  routinely  inspect   antenna 
structures  to  determine   compliance  with  antenna   structure 
marking,  painting,  and  lighting  requirements  and  they  also 
respond to  reports  of unlit  towers.   The FAA  also  routinely 
notifies Commission field offices when owners fail to report that 
lights have been repaired.   On May 23, 2003,  an agent from  the 
Detroit Office conducted  an inspection of  an antenna  structure 
located at 842  N. Huron  Avenue, Harbor Beach,  Michigan, at  or 
near the geographical coordinates of 43 51' 28'' north  latitude 
and 082 39'  28'' west  longitude,.  The agent  observed no  ASR 
number posted at the  site.  A search  of Commission records  and 
subsequent contacts with Comcast by  the agent revealed that  the 
antenna structure was subject  to Part 17 of  the Rules, was  not 
registered,  and  accordingly,  needed  to  be  registered.   The 
antenna structure was registered with the Commission on or  about 
June 19, 2003. 

                        III.  DISCUSSION

     4.   Section 17.4(a) requires antenna structures which  have 
been assigned  painting or  lighting requirements  be  registered 
with the Commission.  Painting and lighting requirements had been 
assigned to Comcast's  antenna structure, requiring  registration 
with the Commission.4  

     5.   Based on the evidence before  us, we find that  Comcast 
willfully5 and repeatedly6 violated Section 17.4(a) of the  Rules 
by failing to register  its antenna structure.  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'')7, sets the base forfeiture amount for failure 
to file required forms or  information at three thousand  dollars 
($3,000).  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, as amended,  (the 
``Act'').8  These  factors  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,  statutory 
factors and  the  inflation adjustments  to  the base  amount  of 
Comcast's violation of $3,000 for failure to register its antenna 
structure,  we  find  no  compelling  evidence  to  support   any 
adjustments to the base forfeiture amount.  Thus, we believe that 
a  forfeiture  amount  of  three  thousand  dollar  ($3,000)   is 
warranted.

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the Act  and Sections  0.111, 0.311  and 1.80  of  the 
Rules9,     Comcast  Cablevision  of  Michigan,  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.

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  (30) days of the  release date of  this 
NOTICE OF APPARENT  LIABILITY, Comcast  Cablevision of  Michigan, 
LLC, 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. 200432360001, FRN: 0006 8552 33.

     9.   The  response,  if  any,  must  be  mailed  to  Federal 
Communications   Commission,    Enforcement   Bureau,    Spectrum 
Enforcement Division,  445 12th  Street, S.W.,  Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200432360001, FRN:  0006 
8552 33.

     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.  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. 20554.10 

     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 Spectrum Enforcement  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  this NOTICE  OF  APPARENT 
LIABILITY  shall  be  sent  by  Certified  Mail,  Return  Receipt 
Requested, to Comcast  Cablevision of Michigan,  LLC, 1555  South 
Bad Axe Road, Bad Axe, Michigan 48413.


                              FEDERAL COMMUNICATIONS COMMISSION




                              James A. Bridgewater
                              District Director
                              Detroit Office


Attachment A - FCC List of Small Entities, October 2002.



_________________________

                              1
 47 C.F.R.  17.4(a).
2
 Antenna structure owners were required to register existing 
antenna structures during a two-year filing period between July 
1, 1998 and June 30, 1996, and to register new antenna structures 
prior to construction.  Streamlining the Commission's Antenna 
Structure Clearance Procedure, 11 FCC Rcd 4272 (1995).

3 Subsequent to the expiration of the filing period, the 
Commission staff issued a Public Notice warning antenna structure 
owners to register any unregistered antenna structures subject to 
our requirements immediately or face possible monetary 
forfeitures or other enforcement action.  Public Notice, ``No-
Tolerance Policy Adopted For Unregistered Antenna Structures,'' 
1999 WL 10060 (WTB rel. Jan. 13. 1999).

4 See 47 C.F.R.  17.7(a).

5 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 California Broadcasting, Co., 6 FCC Rcd 4387 
(1991).

6 Section 312(f), which also applies to Section 503(b), of the 
Act, provides that: ``[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.''

747 C.F.R.  1.80.

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

9 47 C.F.R.  0.111, and 0.311.

10 See 47 C.F.R.  1.1914.