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

In the Matter of                 )
                                 )
Time Warner Cable, Inc.          )        File Number EB-05-LA-234
                                 )
Antenna Structure Registrant     )      NAL/Acct. No. 200632900001
ASR #1240108                     )                 FRN: 0007556251
Garden Grove, California         )


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                               Released: December 
                                                         21, 2005

By the District Director, Los Angeles Office, Western Region, 
Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that Time Warner Cable, Inc. ("TWC"), 
 registered owner of antenna structure # 1240108, in Garden 
 Grove, California, apparently willfully and repeatedly violated 
 Section 303(q) of the Communications Act of 1934, as amended, 
 (``the Act''), 1 and Section 17.50 of the Commission's Rules 
 ("Rules")2 by failing to ensure that the antenna structure was 
 repainted as often as necessary to maintain good visibility.  
 We conclude, pursuant to Section 503(b) of the Communications 
 Act of 1934, as amended ("Act"),3 that TWC is apparently liable 
 for a forfeiture in the amount of ten thousand dollars 
 ($10,000).

II.  BACKGROUND

      2.  On August 31, 2005, an agent from the Enforcement 
 Bureau's Los Angeles Office conducted an inspection of TWC's 
 antenna structure #1240108 located at 7441 Chapman Avenue, 
 Garden Grove, California.  Antenna structure #1240108 is 
 required to have painting and lighting in accordance with 
 Chapters 3, 4, 5 and 12 of FAA Circular 70/7460-1K.4  
 Specifically, Chapter 3 of the FAA Circular requires the 
 structure to display alternate bands of aviation orange and 
 white paint, that the bands be equal in width, and 
 approximately one-seventh the height of the structure.5  During 
 the inspection, the Los Angeles agent observed that the paint 
 on the structure was severely faded and that the paint bands 
 could not be distinguished when viewed from the base of the 
 structure or at a distance of one-fourth of a mile from the 
 structure.  When interviewed by the agent on August 31, 2005, 
 TWC's Director of Technical Operations stated that the antenna 
 structure had not been painted for over eleven years and that 
 the company was in the process of hiring a contractor to paint 
 the structure.  According to documents obtained by the agent 
 from TWC, TWC received a proposal on April 5, 2005 to have 
 antenna structure #1240108 painted. 

      3.  On October 11, 2005, the Los Angles agent conducted a 
 follow-up-inspection of antenna structure #1240108.  The agent 
 observed that the structure had not been painted, that the 
 paint on the structure was severely faded, and that the paint 
 bands could not be distinguished when viewed from the base of 
 the structure or at a distance of one-fourth of a mile from the 
 structure.  

III.      DISCUSSION

      4.  Section 503(b) of the Act provides that any person who 
 willfully or repeatedly fails to comply substantially with the 
 terms and conditions of any license, or willfully or repeatedly 
 fails to comply with any of the provisions of the Act or of any 
 rule, regulation or order issued by the Commission thereunder, 
 shall be liable for a forfeiture penalty.  The term "willful" 
 as used in Section 503(b) has been interpreted to mean simply 
 that the acts or omissions are committed knowingly.6  The term 
 ``repeated'' means the commission or omission of such act more 
 than once or for more than one day.7

      5.  Section 303(q) of the Act states that antenna structure 
 owners shall maintain the painting and lighting of antenna 
 structures as prescribed by the Commission. 8  Part 17 of the 
 Rules is designed to promote air safety, by prescribing 
 regulations for antenna structures that constitute or that 
 potentially constitute "a menace to air navigation."9  Section 
 17.21(a) of the Rules states antenna structures shall be 
 painted and lighted when they exceed 60.96 meters (200 feet) in 
 height above the ground or they require special aeronautical 
 study.10  Although antenna structure #1240108 is 60.6 meters in 
 height, it has been assigned painting and lighting 
 specifications.11  

      6.  Section 17.50 of the Commission's Rules states that 
 antenna structures requiring painting shall be cleaned or 
 repainted as often as necessary to maintain good visibility.12  
 As described above, the registration for antenna structure 
 #1240108 specifically requires that the structure be painted 
 with alternate bands of aviation orange and white paint and 
 that the bands be equal in width and approximately one-seventh 
 the height of the structure.

      7.  On August 31, 2005, a Los Angeles agent inspected 
 antenna structure #1240108 and observed that the paint on the 
 structure was severely faded, and that the paint bands could 
 not be distinguished when viewed from the base of the structure 
 or at a distance of one-fourth of a mile from the structure.  A 
 representative from TWC acknowledged that the structure had not 
 been painted for eleven years and that TWC had received an 
 April 5, 2005, proposal to paint the structure.  When the Los 
 Angeles agent performed a follow-up inspection of the structure 
 on October 11, 2005, he found the condition of the paint on the 
 structure unchanged since his August 31, 2005, inspection.  TWC 
 was aware that the paint on antenna structure #1240108 was 
 severely faded as of August 31, 2005, and perhaps since April 
 5, 2005, however, the paint on the antenna structure remained 
 severely faded as recently as October 11, 2005.  Therefore, 
 TWC's violation is willful.  The violation occurred on more 
 than one day, therefore, it is repeated.  Based on the evidence 
 before us, we find Time Warner Cable, Inc., apparently 
 willfully and repeatedly violated Section 17.50 of the Rules by 
 failing to ensure that antenna structure #1240108 was repainted 
 as often as necessary to maintain good visibility.

      8.  Pursuant to The Commission's Forfeiture Policy 
 Statement and Amendment of Section 1.80 of the Rules to 
 Incorporate the Forfeiture Guidelines, ("Forfeiture Policy 
 Statement"), and Section 1.80 of the Rules, the base forfeiture 
 amount for failing to comply with prescribed antenna structure 
 marking is $10,000.13  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 Act, which include the 
 nature, circumstances, extent, and gravity of the violations, 
 and with respect to the violator, the degree of culpability, 
 and history of prior offenses, ability to pay, and other such 
 matters as justice may require.14  A mere proposal to paint the 
 structure does not relieve TWC of liability.  Applying the 
 Forfeiture Policy Statement, Section 1.80, and the statutory 
 factors to the instant case, we conclude that TWC is apparently 
 liable for a $10,000 forfeiture.
  
IV.  ORDERING CLAUSES

      9.  Accordingly, IT IS ORDERED that, pursuant to Section 
 503(b) of the Communications Act of 1934, as amended, and 
 Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's 
 Rules, Time Warner Cable, Inc. is hereby NOTIFIED of this 
 APPARENT LIABILITY FOR A FORFEITURE in the amount of ten 
 thousand dollars ($10,000) for violations of Section 303(q) of 
 the Act, and Section 17.50 of the Rules.15

      10.      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 for 
 Forfeiture, Time Warner Cable, Inc. SHALL PAY the full amount 
 of the proposed forfeiture or SHALL FILE a written statement 
 seeking reduction or cancellation of the proposed forfeiture.

      11.      Payment of the forfeiture must be made by check or 
 similar instrument, payable to the order of the Federal 
 Communications Commission. The payment must include the 
 NAL/Acct. No. and FRN No. referenced above. Payment bycheck 
 or money order may be mailed to Federal Communications 
 Commission, P.O. Box358340,Pittsburgh, PA 15251-8340. 
 Payment by overnight mail may be sent toMellon 
 Bank/LB358340,500 Ross Street, Room 1540670, Pittsburgh, PA 
 15251. Payment by wire transfer may be made to ABA 
 Number043000261, receiving bankMellon Bank, and account 
 number911-6106.

      12.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, Western Region, 
 Los Angeles Office, 18000 Studebaker Rd., Suite 660, Cerritos, 
 California, 90703 and must include the NAL/Acct. No. referenced 
 in the caption.  

      13.      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.  

      14.      Requests for payment of the full amount of this 
 Notice of Apparent Liability for Forfeiture under an 
 installment plan should be sent to: Associate Managing Director 
 - Financial Operations, Room 1A625, 445 12th Street, S.W., 
 Washington, D.C. 20554.16  

      15.      IT IS FURTHER ORDERED that a copy of this Notice 
 of Apparent Liability for Forfeiture shall be sent by Certified 
 Mail, Return Receipt Requested, and regular mail, to Time 
 Warner Cable, Inc.


                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              Catherine Deaton
                              District Director 
                              Los Angeles Office
                              Western Region
                              Enforcement Bureau



_________________________

147 U.S.C.  303(q).  
247 C.F.R.  17.50.
347 U.S.C.  503(b).  
4See FAA  Circular  Number  70/7460-1K, Chapter  3.  The  antenna 
structure registration (``ASR'') for antenna structure  #1240108, 
requiring the painting and lighting specifications, was issued by 
the Commission on August 28, 2003.
5Chapter 3 makes this requirement specific to structures 700 feet 
or less in height.  According to its ASR, antenna structure 
#1240108 is 60.6 meters in height, or, approximately 196 feet. 
 
6Section 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 or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
7Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which also 
applies to violations for which forfeitures are assessed under 
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.'' 
8Section 303(q) of the Act gives the Commission authority to 
regulate certain antenna structures if and when such structures 
constitute, or there is a reasonable possibility that they may 
constitute, a menace to air navigation.  47 U.S.C.  303(q).    
947 C.F.R.  17.1(a). 
1047 C.F.R.  17.21(a).   See Max Media of  Montana, LLC, 18  FCC 
Rcd 21375 (2003).  
11Antenna structure #1240108  is proximate to  the Los  Alamitos, 
California military airport. 
1247 C.F.R.  17.50. 
 
1312 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
1447 U.S.C.  503(b)(2)(D).
1547 U.S.C.  303(q), 503(b), 47 C.F.R.  0.111, 0.311, 0.314, 
1.80, 17.50.
16See 47 C.F.R.  1.1914.