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


In the Matter of                 )
                                )
                                )
Hill Country Real Estate         )    File No. EB-02-DL-078
Development Corp.                )    NAL/Acct. No. 200232500008
Owner of Antenna Structure #     )    FRN 0006-7409-14
1061297 in                       )
Junction, Texas
Chevy Case, Maryland


                        FORFEITURE ORDER

   Adopted:  October 16, 2003           Released:  October 20, 
2003

By the Chief, Enforcement Bureau:

                        I.   INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture in  the amount of  thirteen thousand  dollars 
($13,000.00)  to  Hill  Country  Real  Estate  Development  Corp. 
(``Hill  Country''),  owner  of  antenna  structure  registration 
(``ASR'') # 1061297, located in Junction, Texas, for willful  and 
repeated violations of the  antenna structure painting,  lighting 
and  registration   requirements  of   Section  303(q)   of   the 
Communications Act  of  1934,  as  amended  (the  ``Act''),1  and 
Sections 17.50,  17.51,  and  17.57  of  the  Commission's  Rules 
(``Rules'').2

                     II.          BACKGROUND

     2.   On September 30, 2002,  the Commission's Dallas,  Texas 
Office  (``Dallas  Office'')  released   a  Notice  of   Apparent 
Liability  for  Forfeiture  (``NAL'')  to  Hill  Country  for   a 
forfeiture  in   the   amount  of   thirteen   thousand   dollars 
($13,000.00).3   Specifically,   the  NAL   proposed  a   $10,000 
forfeiture for  Hill  Country's  apparent  willful  and  repeated 
violations of  Section 17.50  (failure to  clean and  repaint  an 
antenna structure), and apparent willful and repeated  violations 
of Section  17.51 (failure  to exhibit  red obstruction  lighting 
from  sunset  to  sunrise).   The  NAL  also  proposed  a  $3,000 
forfeiture for  Hill  Country's  apparent  willful  and  repeated 
violations of Section  17.57 (failure  to ``immediately''  notify 
the  Commission  of  the  change  in  ownership  of  an   antenna 
structure).  

     3.   Hill Country filed its response  to the NAL on  October 
17, 2002.4   In  response  to  the  NAL,  Hill  Country  seeks  a 
reduction of the forfeiture based  upon ``its history of  overall 
compliance with the Commission's Rules.''5  

                      II.       DISCUSSION

     4.   The  proposed  forfeiture  amount  in  this  case   was 
assessed in accordance with Section  503(b) of the Act,6  Section 
1.80 of  the  Rules,7  and  The  Commission's  Forfeiture  Policy 
Statement  and  Amendment  of  Section  1.80  of  the  Rules   to 
Incorporate  the  Forfeiture   Guidelines.8  In  examining   Hill 
Country'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.9   As 
explained below, having considered  Hill Country's reliance  upon 
past history, we do not find mitigating evidence that warrants  a 
reduction of the assessed forfeiture.  

     5.   According  to  Commission  records,  Kent  S.   Foster, 
president of Hill  Country, is  also the principal  and owner  of 
Concho Cellular  Telephone  Co., Inc.  (``Concho'').   Commission 
records further indicate that, while Hill Country's past  history 
is  unblemished,  Concho's  appears  not  to  be.   Specifically, 
Commission records  reflect  that  Concho  has  received  several 
verbal warnings and Notices of Violations regarding its  apparent 
failure  to  comply  with  the  Commission's  antenna   structure 
maintenance (painting  and lighting)  requirements.10  Given  the 
relationship between and the common  control of Hill Country  and 
Concho,  we  do  not  believe  that  reduction  of  the   $13,000 
forfeiture is warranted.11  

                  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(f)(4)  of 
the Rules,12 Hill Country Real Estate Development Corp. IS LIABLE 
FOR A  MONETARY FORFEITURE  in the  amount of  thirteen  thousand 
dollars ($13,000.00)  for its  failure to  clean and  repaint  an 
antenna structure, failure  to exhibit  red obstruction  lighting 
from sunset to sunrise, and failure to ``immediately'' notify the 
Commission of the change in ownership of an antenna structure, in 
willful and  repeated violations  of  Sections 17.50,  17.51  and 
17.57 of the Rules. 

     7.   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.13  
Payment may 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 reference NAL/Acct.  No. 
200232500008 and  FRN 0006-7409-14.   Requests for  full  payment 
under an installment plan should  be sent to: Chief, Revenue  and 
Receivables  Group,  445  12th  Street,  S.W.,  Washington,  D.C. 
20554.14  

     8.   IT IS FURTHER ORDERED that  a copy of this Order  shall 
be  sent  by  First  Class  and  Certified  Mail  Return  Receipt 
Requested to counsel for Hill  Country, Steven J. Hamrick,  Esq., 
Fleischman &  Walsh, 1400  16th  Street, N.W.,  Washington,  D.C. 
20036.  

                              FEDERAL COMMUNICATIONS COMMISSION
                         
                              David H. Solomon
                              Chief, Enforcement Bureau


_________________________

1 47 U.S.C.  303(q).   Section 303(q) authorizes the  Commission 
to require that  owners of  antenna towers,  which constitute  or 
potentially constitute  ``a  menace  to  air  navigation  .  .  . 
maintain  the  painting  and/or  illumination  of  the  tower  as 
prescribed by the Commission pursuant to this Section.'' 
2 47 C.F.R.  17.50, 17.51, 17.57.
3 See Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
200232500008 (Enf.  Bur.  Dallas,  Texas  Office,  September  30, 
2002).  
4 See Letter from Steven J. Hamrick, Esq. to Joseph Casey, Chief, 
Technical and Public Safety Division, Enforcement Bureau, Federal 
Communications  Commission  (October  17,  2002)  (``October   17 
Response'').
5 October 17 Response at 1.
6 47 U.S.C.  503(b).
7 47 C.F.R.  1.80.
8 12 FCC Rcd 17087 (1997),  recon. denied, 15 FCC Rcd 303 (1999).  
9 47 U.S.C.  503(b)(2)(D).
10 See,  e.g.,  Notice  of Violation,  EB-02-DL-075  (Enf.  Bur., 
Dallas, Texas Office,  April 2, 2002)  (notifying Concho that  it 
violated 47 C.F.R.  1.903(a)  by operating from an  unauthorized 
site from November  1, 2001  through March 15,  2002); Notice  of 
Violation, EB-01-DL-126 (Enf. Bur., Dallas, Texas Office, January 
16, 2001) (notifying Concho that it violated 47 C.F.R.  17.48(a) 
by failing to provide FAA notice of a lighting outage); Notice of 
Violation,  EB-00-DL-347  (Enf.   Bur.,  Dallas,  Texas   Office, 
December 11, 2000) (notifying Concho  that it violated 47  C.F.R. 
 17.6(a) and 17.50 by failing to paint its antenna structure in 
accordance with ASR specifications)
11 Cf. CCN, Inc., et al., Order  to Show Cause, 13 FCC Rcd  13599 
(1998) (revoking the authority to provide resale interstate  long 
distance telecommunications  services  based on  a  finding  that 
principals, and certain  of their commonly  owned and  controlled 
companies, engaged in  slamming and other  violations of the  Act 
and the Rules).
12 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
13 47 U.S.C.  504(a).
14 See 47 C.F.R.  1.1914.