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


In the Matter of                )
                                )
ACS Television, L.L.C.          )  File Number EB-01-AN-053  
                                )
K25FM, K27FJ, K39EP, K43EY, K44EQ, )    NAL/Acct.        No. 
20023278001
K46EN, K49EE, K50EP, K52FI, K53FN, )
K63FT, K64FA, K65GM, K67GT, K68FF  )    FRN 599308
                                )
510 L Street, Suite 500         )
Anchorage, Alaska               )

                      FORFEITURE ORDER

Adopted:  July 30, 2002                 Released:  August 1, 
2002

By the Chief, Enforcement Bureau:

                      I.   INTRODUCTION

1.        In this  Forfeiture Order (``Order''), we  issue a 
   monetary forfeiture  in  the  amount of  eleven  thousand 
   dollars ($11,000)  to ACS  Television, L.L.C.  (``ACS''), 
   licensee of the captioned low power television (``LPTV'') 
   stations,  for  willful  violation  of  Sections  74.780, 
   73.3538(a)(1),  and  73.3538(a)(4)  of  the  Commission's 
   Rules (``Rules'').1  The violations  involve ACS's change 
   in the location of the antenna,  the overall height above 
   ground of the  antenna structure,  the height  of antenna 
   radiation center above ground, and the  height above mean 
   sea level  of  the  15  above referenced  LPTV  stations, 
   without prior authorization granted by the Commission.

2.        On January  22, 2002, the  Commission's Anchorage, 
   Alaska  Resident  Agent  Office   (``Anchorage  Office'') 
   issued a  Notice  of  Apparent Liability  for  Forfeiture 
   (``NAL''), in  the amount  of  thirteen thousand  dollars 
   ($13,000) to ACS for the noted  violations.2  On February 
   21, 2002, ACS filed a response to the NAL.

                       II.  BACKGROUND

3.        On  March  21,  2001, agents  from  the  Anchorage 
   Office  inspected   ACS's   antenna  structure,   Antenna 
   Structure Registration (``ASR'') Number  1204036, located 
   near  Eagle's  Nest  Subdivision,  Eagle  River,  Alaska.  
   Antennas  for  each  of  the  15  above  referenced  LPTV 
   stations, licensed  to ACS,  are mounted  on the  antenna 
   structure.  The ASR lists the  geographic coordinates for 
   this antenna  structure as:   N61 20  8.8, W149  30 56.2.  
   The agents  calculated the  coordinates  for the  antenna 
   structure at the time of the inspection as:  N61 20 10.6, 
   W149 30 46.8.   According to  Commission records,  the 15 
   above referenced  stations'  antennas  are authorized  to 
   operate at:  N61 20 10, W149 30 43.  

4.        During the inspection,  the agents determined that 
   the antennas on the structure are mounted near the top of 
   the structure, with the antenna panel mountings beginning 
   at a  height of  approximately  43 meters  (141 ft.)  and 
   continuing to the top of the structure.  According to the 
   ASR, the overall height  of the structure above  mean sea 
   level is  577.9 meters  (1,896 ft.),  the overall  height 
   above ground, including all appurtenances  is 61.0 meters 
   (200 ft.), and  the overall  height above  ground without 
   appurtenances is  54.8 meters  (180  ft.).  According  to 
   Commission records, the  15 LPTV stations  are authorized 
   for an antenna height of radiation  above ground of 13.95 
   meters (45 ft.),  height of  radiation center  above mean 
   sea level of 592  meters (1,945 ft.) on  a structure with 
   overall height above ground of 18.9 meters (62 ft.).

5.        On  April  11,  2001, agents  from  the  Anchorage 
   Office verified by direction finding  techniques that the 
   above referenced 15 LPTV stations  were transmitting from 
   ACS's  ASR  number  1204036.   On  April  19,  2001,  the 
   Anchorage Office issued a Notice  of Violation (``NOV''), 
   indicating that the 15 LPTV stations were constructed and 
   operating at variance with the  station authorization, in 
   violation of Sections 74.780, 73.3538(a)(1)  and (4), and 
   73.1690(b)(2) of  the  Rules.   In  particular,  the  NOV 
   detailed the variances in geographic coordinates, and the 
   agents' findings that  the antennas  for the  15 stations 
   were mounted on  the tower at  a height  of approximately 
   100 feet  higher than  authorized.  On  May 8,  2001, ACS 
   submitted a  response to  the NOV  in which  it indicated 
   that, ``in or around  November 1998,'' the  prior owners, 
   Goldbelt Inc., constructed  a new  tower at  Eagle's Nest 
   approximately 100  feet from  the tower  existing at  the 
   time.  ACS also  indicated that Goldbelt  Inc. registered 
   the new tower and transferred the  LPTV antenna system to 
   the new tower at Eagle's Nest and  removed the old tower.  
   Further,  ACS  stated  that  it  was  not  aware  of  the 
   ``improper or unauthorized  movement of the  LPTV antenna 
   system'' until it received the NOV.   ACS stated that, as 
   a result of its discovery, it was ``proceeding as rapidly 
   as possible'' to amend pending applications and to obtain 
   Commission authority  for the  current  operation of  the 
   LPTV stations.

6.        On July 20, 2001, September 26, 2001, and December 
   5, 2001, agents  from the  Anchorage Office  reviewed FCC 
   records.  This  research indicated  that no  construction 
   permit had  been  granted  authorizing  a change  in  the 
   overall height  above ground  of  the antenna  structure, 
   height of radiation center above ground,  or height above 
   mean sea level for  any of the 15  stations.  The records 
   research also revealed that between October  2000 and May 
   2001, modification applications were tendered for filing, 
   but not yet  accepted for filing  for 13 of  the stations 
   requesting  authority  to  operate   at  coordinates  and 
   antenna  heights   similar  to   the  stations'   current 
   operations.3  On July 19, 2001, six  of the LPTV stations 
   received Class A  licenses.4  The agents  also discovered 
   that  the   Class   A   licenses  authorized   operations 
   consistent  with   the   authorizations   for  the   LPTV 
   facilities,  but  did  not   reflect  authorizations  for 
   construction or operation at the  coordinates and antenna 
   height at which  the stations were  operating.  Moreover, 
   Commission records did not reflect any application filed, 
   tendered,  or   granted  to   modify  the   Class  A   TV 
   authorizations.

7.        On  November 9,  2001, agents  from the  Anchorage 
   Office performed  a follow-up  inspection  of ACS's  LPTV 
   station licenses  at ACS's  office in  Anchorage, Alaska.  
   The stations' records did not include any applications or 
   authorizations for  construction or  operation of  the 15 
   LPTV stations at the existing antenna height.  ACS stated 
   that  copies   of   all   relevant   authorizations   and 
   applications would be provided promptly  to the Anchorage 
   Office to confirm  the requisite authority  for operation 
   of the stations.  As of the date of  the NAL, January 22, 
   2002, ACS  had  not  provided  any documentation  to  the 
   Anchorage Office establishing that it possessed authority 
   to construct  or operate  its stations'  antennas at  the 
   existing height on its antenna structure.  On January 22, 
   2002, the Anchorage Office issued the  subject NAL to ACS 
   for violations  of  Sections  74.780, 73.3538(a)(1),  and 
   73.3538(a)(4) of the Rules,5 for changing the location of 
   the antenna,  the  overall  height  above ground  of  the 
   antenna structure, the height of antenna radiation center 
   above ground, and the height above mean  sea level of the 
   15 LPTV stations, without prior authorization.

8.        On  February  21,  2002, the  Commission  received 
   ACS's response  to  the NAL,  which  seeks rescission  or 
   reduction of the  proposed forfeiture.  In  its response, 
   ACS states  that  it became  aware  of  ``an improper  or 
   unauthorized movement'' of the antennas  when it received 
   the NOV.  As a consequence of the  notice, argues ACS, it 
   investigated and discovered that  approximately 15 months 
   before ACS acquired  the stations  in February  2000, the 
   previous owners had constructed  a new tower  and removed 
   the antennas  for  the  15  stations  to the  new  tower, 
   raising their height above ground in  addition to placing 
   them on the  new tower approximately  100 feet  away from 
   the old tower.  Further, ACS indicates  that the previous 
   owner registered the new  tower ``on or about  October 1, 
   1999,'' under  ASR number  1204036.  ACS  states that  it 
   subsequently modified  the registration  in August  2000, 
   assuming that it  was correcting  a minor  discrepancy in 
   coordinates.

9.        ACS argues that as a  result of its discovery that 
   the tower  had been  replaced  in 1998  and the  antennas 
   moved by the  previous owners,  ACS proceeded  to correct 
   the  situation.   According  to  ACS,  the  prior  owners 
   registered the old tower under  erroneous coordinates and 
   ACS subsequently  measured  the  exact  location  of  the 
   current tower and the height above  ground of the antenna 
   system.  ACS indicates that the antenna  structure is now 
   registered under the  correct coordinates.   ACS contends 
   that in January 2002,  it completed and submitted  to the 
   Commission  the  30  filings  necessary  to  correct  the 
   discrepancy in antenna  height and  to correct  the tower 
   coordinates.  ACS  asserts that  the proposed  forfeiture 
   should be  cancelled or  reduced because  it ``innocently 
   inherited the problems''  at the  tower site.  ACS argues 
   that it took action to correct the  problem caused by the 
   previous  owners  with  ``reasonable   swiftness.''   ACS 
   acknowledges that several months passed between discovery 
   of the problem  and submission  of corrective  filings at 
   the  Commission.   ACS  argues,   however,  that  careful 
   completion of 30 filings  is not a simple  task, and that 
   determining the  facts of  the matter  was not  a trivial 
   exercise.  ACS also claims that the actual discrepancy in 
   location between the old  tower and the current  tower is 
   ``very small  in absolute  terms.''  Finally,  ACS argues 
   that  the  proposed  $1,000  forfeiture  for  failure  to 
   maintain records is ``duplicative''  and unwarranted, and 
   that it has a history of overall compliance.

                    III.      DISCUSSION

10.       The forfeiture amount in this case was assessed in 
   accordance with Section 503(b)  of the Act,  Section 1.80 
   of the  Rules,6 and  The  Commission's Forfeiture  Policy 
   Statement and Amendment of  Section 1.80 of the  Rules to 
   Incorporate the Forfeiture  Guidelines, 12 FCC  Rcd 17087 
   (1997),  recon.  denied,  15  FCC  Rcd  303  (1999).   In 
   examining ACS's  response,  Section  503(b)  of  the  Act 
   requires  that  the  Commission  take  into  account  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.7

11.       We  disagree that  the proposed  forfeiture amount 
   should be cancelled or  reduced because ACS  took actions 
   to correct problems caused  by others.  We find  that ACS 
   as licensee was responsible for  ensuring compliance with 
   our rules.8  In  this regard, we  note that  although ACS 
   argues that  it acted  ``with  reasonable swiftness''  to 
   correct the problems, the  fact remains that  almost nine 
   months  had   passed   before   ACS  took   any   action.  
   Specifically, the  Anchorage  Office  issued the  NOV  on 
   April 19, 2001, and  ACS submitted corrective  filings to 
   the  Commission  on  January  8,  2002.   Further,  ACS's 
   remedial efforts to correct the violations do not warrant 
   rescission or reduction of the forfeiture.9  

12.       We  agree with  ACS's argument  that the  proposed 
   forfeiture  should   be   reduced   because  the   actual 
   discrepancy in  location between  the old  tower and  the 
   current   tower   is   ``small   in   absolute   terms.''  
   Accordingly, we  reduce the  forfeiture  for the  Section 
   73.3538(a)(1) violation by $1,000 from the base amount of 
   $4,000.   We  are  not  persuaded,  however,  that  ACS's 
   overall history  of compliance  justifies a  reduction in 
   the overall  forfeiture.  A  search  of the  Commission's 
   records indicates  that  the  Commission's  staff  issued 
   Official Notices of Violation to ACS on December 28, 2001 
   and April  12, 2001.   Therefore, no  downward adjustment 
   for an overall history of compliance is warranted in this 
   case.10  Finally,  ACS argues  that  the $1,000  proposed 
   forfeiture for failure to maintain records is unwarranted 
   and should  be cancelled.   Based  on our  review of  the 
   record, we find that  the $1,000 forfeiture  assessed for 
   this violation should be cancelled.  

                      IV.  ORDERING CLAUSES

13.       Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
   Section 503(b) of the Act, and  Sections 0.111, 0.311 and 
   1.80(f)(4) of  the  Rules,11 ACS  LIABLE  FOR A  MONETARY 
   FORFEITURE in  the  amount  of  eleven  thousand  dollars 
   ($11,000) for changing the  location of the  antenna, the 
   overall height above ground of the antenna structure, the 
   height of antenna radiation center above  ground, and the 
   height above mean  sea level of  the 15  above referenced 
   stations, without  prior  authorization  granted  by  the 
   Commission  in  willful  violation  of  Sections  74.780, 
   73.3538(a)(1), and 73.3538(a)(4) of the Rules.

14.       Payment  of the  forfeiture shall  be made  in the 
   manner provided for in  Section 1.80 of the  Rules within 
   30 days of the release of this  Order.  If the forfeiture 
   is not paid within the period specified,  the case may be 
   referred to  the  Department  of Justice  for  collection 
   pursuant to Section 504(a)  of the Act.12   Payment shall 
   be made by mailing a check or similar instrument, payable 
   to the order of the Federal Communications Commission, to 
   the Federal  Communications Commission,  P.O. Box  73482, 
   Chicago, Illinois  60673-7482.  The  payment should  note 
   NAL/Acct. No. 20023278001  and FRN 599308.   Requests for 
   full payment under an installment plan should be sent to:  
   Chief, Revenue and Receivables Operations Group, 445 12th 
   Street, S.W., Washington, D.C. 20554.13

15.       IT IS FURTHER  ORDERED that, a copy  of this Order 
   shall  be   sent  by   Certified  Mail,   Return  Receipt 
   Requested, to ACS Television, L.L.C., 510 L Street, Suite 
   500, Anchorage, Alaska 99501, and to its counsel, Charles 
   R.  Naftalin,   Esq.,  Holland   &   Knight,  LLP,   2099 
   Pennsylvania Avenue.,  N.W.  Suite  100,  Washington,  DC 
   20006. 

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau


_________________________

   1 47 C.F.R.  74.780, 73.3538(a)(1), and 73.3538(a)(4).

   2 Notice of Apparent Liability  for Forfeiture, NAL/Acct. 
No. 20023278001  (Enf. Bur.  Anchorage Office,  rel. January 
22, 2002).

   3 Modification applications were filed  for LPTV stations 
K39EP,  K43EY, K44EQ,  K46EN,  K49EE,  K50EP, K52FI,  K53FN, 
K63FT, K64FA, K65GM, K67GT, and K68FF.

   4 Stations K39EP, K43EY,  K44EQ, K46EN, K49EE,  and K50EP 
were issued Class A licenses on July 19, 2001.

   5  The   NAL  also   included  Section   503(b)  of   the 
Communications Act of 1934, as amended, (``Act''), 47 U.S.C. 
 503(b),  as one  of the  listed violations.   However, the 
inclusion of Section 503(b) of the  Act as one of the listed 
violations  was inadvertent.   Moreover, no  portion of  the 
forfeiture amount was based on  a violation of this section.  
Therefore, Section 503(b)  of the Act is  no longer included 
as one of the listed violations in this proceeding.

   6 47 C.F.R.  1.80.

   7 47 U.S.C.  503(b)(2)(D).

   8 Sitka  Broadcasting Co.,  Inc.,  70 FCC  2d 2375,  2378 
(1979).

   9 Station KGVL, Inc., 42 FCC 2d 258, 259 (1973).

   10 See Arnold Broadcasting  Company, 16 FCC Rcd  267, 269 
(Enf. Bur.  2001),  application  for review granted  in part 
for  other reasons  and denied  in  part, 16  FCC Rcd  13600 
(2001);  and Crown  Communication,  Inc., 15  FCC Rcd  21937 
(Enf. Bur. 2000).

   11 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

   12 47 U.S.C.  504(a).

   13 See 47 C.F.R.  1.1914.