Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


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

In the Matter of                   )     File Number EB-02-KC-641
KN Telecommunications, Inc.        )    NAL/Acct. No.200232560030
Owner of Antenna Structure         )
#1016749 located                   )             FRN 0001-6216-89
near Wyman, Iowa                   )
Lakewood, Colorado


                                        Released: August 27, 2002

By the Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find KN Telecommunications, Inc., owner of  antenna 
structure #1016749,  apparently liable  for a  forfeiture in  the 
amount of ten thousand dollars ($10,000) for willful violation of 
Section   17.50   of   the   Commission's   Rules   (``Rules'').1  
Specifically, we  find  KN  Telecommunications,  Inc.  apparently 
liable for failure to clean and repaint its antenna structure  to 
maintain good visibility.

                         II.  BACKGROUND

     2.   On July  30, 2002,  the antenna  structure bearing  FCC 
antenna  structure  registration  (``ASR'')  number  1016749  and 
located near  Wyman,  Iowa, was  inspected  by an  agent  of  the 
Commission's Kansas  City  Field  Office.  At  the  time  of  the 
inspection, the structure's aviation  orange paint was faded  and 
black cabling on the outside of the structure covered the painted 
metal  tower   reducing  visibility   of  the   structure.    The 
Commission's ASR database showed this  structure is owned by  and 
registered to KN Telecommunications, Inc.

                        III.  DISCUSSION

     3.   KN   Telecommunications,   Inc.'s   antenna   structure 
registration #1016749  specifies  light  and  painting  for  this 
structure  that  includes  requirements  that  the  structure  be 
painted  with  alternating  aviation  orange  and  white   bands.  
Section 17.50 of the Rules  requires antenna structure owners  to 
clean or repaint the antenna  structure as necessary to  maintain 
good visibility.  On July 30, 2002, KN Telecommunications, Inc.'s 
antenna structure  had faded  aviation orange  paint as  well  as 
black cabling on the tower face obscuring the structure's  paint.  
As a result of the faded  paint and black cabling, the  structure 
was not clearly visible.

     4.   Based  on   the  evidence   before  us,   we  find   KN 
Telecommunications, Inc. willfully2 violated Section 17.50 of the 
Rules by failing to repaint  the antenna structure in  accordance 
with the  painting  specifications associated  with  its  antenna 
structure #1016749.

     5.   Pursuant to Section 1.80(b)(4) of the Rules,3 the  base 
forfeiture amount  for  failing  to  repaint  this  structure  is 
$10,000.  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  Communications  Act  of  1934,  as  amended 
(``Act''), which 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.4  Considering 
the entire record  and applying  the factors  listed above,  this 
case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,5 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,6 KN Telecommunications,  Inc. is hereby  NOTIFIED of  this 
APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand 
dollars ($10,000) for willful violation  of Section 17.50 of  the 
Rules by failing to  clean and repaint  its antenna structure  to 
maintain good visibility.

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this NAL, KN 
Telecommunications,  Inc.  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. and FRN referenced above.  Requests for payment  of 
the full amount of this NAL  under an installment plan should  be 
sent to:  Chief, Revenue  and Receivables  Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.7

     9.   The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street  SW,  Washington  DC  20554,  Attn:  Enforcement   Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct. 
No. referenced above.  

     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 

     11.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to KN Telecommunications, Inc., Attention Robert J. Knievel,  370 
Van Gordon, Lakewood, CO  80228.   


                         Robert C. McKinney
                         District Director,  Kansas City  Office, 
Enforcement Bureau

1 47 C.F.R.  17.50.

2 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 Southern California Broadcasting Co., 6 
FCC Rcd 4387-88 (1991).

3 47 C.F.R.  1.80(b)(4).

4 47 U.S.C.  503(b)(2)(D).

5 47 U.S.C.  503(b).

6 47 C.F.R.  0.111, 0.311, 1.80.

7 See 47 C.F.R.  1.1914.