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

In the Matter of                  )
                                  )
Conneaut Telephone Company        )           File Number: EB-04-
                                  ) BF-186
Conneaut, Ohio                    )
                                  )           NAL/Acct. No: 
                                  ) 200632280002

                                              FRN 0005942115 


              NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  January 4, 
                                             2006

By the Resident Agent, Buffalo Office, Northeast Region, 
Enforcement Bureau:

I.   INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture 
("NAL"), we find that Conneaut Telephone Company (``Conneaut'') 
has apparently willfully and repeatedly violated Section 17.4(a) 
of the Commission's Rules (``the Rules'')1 by failing to register 
its antenna structure.  We conclude, pursuant to Section 503(b) of 
the Communications Act of 1934, as amended (``Act''),2 that 
Conneaut is apparently liable for a forfeiture in the amount of 
three thousand dollars ($3,000).

II.  BACKGROUND

     2.   On June 29, 2005 an agent from the Buffalo Office 
conducted a routine inspection of a 304 foot antenna tower located 
on Route 20 in the town of Conneaut, Ohio.  During the inspection, 
the agent did not observe an Antenna Structure Registration (ASR) 
number posted at the base of the structure, as required under the 
Commission's Rules.  Using the tower's coordinates, the agent 
searched the Commission's ASR Database and found no evidence that 
the tower was registered.  

     3.   During the inspection, the agent spoke to a 
representative of Cablesuite 541 (Cablesuite), which is the cable 
system that serves Conneaut, Ohio.  According to the Cablesuite 
representative, the tower serves as the cable system's head end 
and is owned by Cablesuite.  On July 12, 2005, the agent spoke 
with another Cablesuite representative, who confirmed that the 
tower was not registered and indicated that the tower was built 
around 1999 or 2000.  This second Cablesuite representative also 
provided the agent the Federal Aviation Administration's (``FAA'') 
``Determination of No Hazard to Air Navigation'' letter that was 
issued to Conneaut on April 26, 2001.  The letter confirmed that 
the tower was 304 feet and assigned painting and lighting 
requirements.  The agent subsequently determined that the tower is 
owned by Conneaut, which is Cablesuite's parent company.3  

     4.   As of November 18, 2005, the antenna structure is 
registered to Conneaut, ASR No. 1250985.


               
III.      DISCUSSION

     5.   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) of the Act has been interpreted to mean 
simply that the acts or omissions are committed knowingly.4  The 
term ``repeated'' means the commission or omission of such act 
more than once or for more than one day.5 

     6.   Section 17.4(a) of the Rules requires that ``the owner 
of any proposed or existing antenna structure that requires notice 
of proposed construction to the Federal Aviation Administration 
must register the structure with the Commission.''6  Section 
17.7(a) of the Rules states that notice to the FAA is required 
when the height of a tower exceeds 200 feet.7  Conneaut's 2001 FAA 
``Determination of No Hazard to Air Navigation'' indicates that 
the antenna structure is 304 feet and therefore Conneaut was 
required to register the tower with the Commission.  The tower 
remained unregistered until November 18, 2005.  Accordingly, we 
find that Conneaut apparently willfully and repeatedly violated 
the Rules by failing to register its antenna structure, as 
required by Section 17.4(a) of the Rules.

     7.   In The Commission's Forfeiture Policy Statement and 
Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines ("Forfeiture Policy Statement"),8 and 
Section 1.80 of the Rules,9 the base forfeiture amount for failure 
to file required forms or information is set at three thousand 
dollars ($3,000).  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 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.10  Applying the Forfeiture Policy Statement, Section 
1.80, and the statutory factors to the instant case, we conclude 
that Conneaut is apparently liable for a forfeiture of $3000.
  
IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS ORDERED that, pursuant to Sections 
4(i), 4(j), and 503(b) of the Communications Act of 1934, as 
amended, and Sections 0.111, 0.311 and 1.80 of the Commission's 
Rules,11 Conneaut Telephone Company 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.

     9.   IT IS FURTHER ORDERED that, pursuant to Section 1.80 of 
the Commission's Rules, within thirty (30) days of the release 
date of this Notice of Apparent Liability for Forfeiture, Conneaut 
Telephone Company SHALL PAY the full amount of the proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

     10.  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.

     11.  The  response,   if  any,  must  be  mailed  to   Federal 
Communications  Commission, Enforcement  Bureau, Northeast  Region, 
Buffalo   Office,    6400   Sheridan   Drive,   Suite   140,    Box 
#6,Williamsville,  New York   14221, within thirty  (30) days  from 
the  release  date  of  this  Notice  of  Apparent  Liability   for 
Forfeiture  and must include  the NAL/Acct. No.  referenced in  the 
caption.  

     12.  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.  

     13.  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,  Revenue  and Receivables  Operations Group,  445  12th 
Street, S.W., Room 1A625, Washington, D.C. 20554.12

     14.  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  Conneaut, at  its 
address of record.

                              FEDERAL COMMUNICATIONS COMMISSION




                              David A. Viglione
                              Resident Agent 
                              Buffalo Office
                              Northeast Region
                              Enforcement Bureau


_________________________

147 C.F.R.  17.4(a).
247 U.S.C.  503(b).  
3  Cablesuite owns the antennas that  are located on the tower  and 
the Cablesuite  representatives with whom the agent spoke  believed 
that Cablesuite owned the tower as well.
4Section 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).
5Section 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.'' 
647 C.F.R.  17.4(a).  
747 C.F.R.  17.7(a)
812 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
9747 C.F.R.  1.80.
10847 U.S.C.  503(b)(2)(D).
11 7 U.S.C.  4(i), 4(j), 503(b); 47 C.F.R.  0.111,0.311, 1.80.
12 47 C.F.R.  1.1914