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

In the Matter of                )
Kilgore Video, Inc.             )          File No. EB-02-DL-0184
Owner of Antenna Supporting Structure 1054515                   )
NAL/Acct.No. 200232500004
Kilgore, TX                     )                FRN 0005-0287-41


                                          Released: June 11, 2002

By the Enforcement Bureau, Dallas Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that  Kilgore  Video,  Inc. (``Kilgore  Video''),  owner  of 
antenna structure  number  1054515,  willfully  violated  Section 
17.50 of  the  Commission's Rules  (``Rules'').1   Kilgore  Video 
failed to maintain specified painting on their registered antenna 
supporting structure.  We  conclude Kilgore  Video is  apparently 
liable for a  forfeiture in  the amount of  ten thousand  dollars 

                         II.  BACKGROUND
     2.   Kilgore  Video  is  the  registered  owner  of  antenna 
supporting  structure   with   Antenna   Structure   Registration 
(``ASR'')  number  1054515   located  near   Kilgore,  Texas   at 
geographical coordinates  32 21'  07''N /  094 51'06''W.   This 
structure's ASR specifies that the structure be painted.

     3.   On April  19,  2002,  an agent  from  the  Commission's 
Dallas Office inspected Kilgore Video's antenna structure  number 
1054515  near  Kilgore,  Texas.   The  agent  observed  that  the 
required painting on the antenna structure was faded such that it 
significantly failed to provide good visibility.

                        III.  DISCUSSION

     4.   Section 17.50  of  the Rules  states  that  ``[a]ntenna 
structures requiring painting under this part shall be cleaned or 
repainted as often  as necessary to  maintain good  visibility.''  
On April  19,  2002,  Kilgore Video's  antenna  structure  number 
1054515, which  was required  to  be painted,  had  significantly 
faded paint resulting in poor visibility of the structure.

     5.   Based on the evidence before us, we find that on  April 
19, 2002, Kilgore Video willfully2 violated Section 17.50 of  the 
Rules by failing  to clean  or repaint its  antenna structure  as 
often as necessary to maintain good visibility.
     6.   Pursuant to Section 1.80(b)(4)  of the Rules, the  base 
forfeiture amount for failure to comply with prescribed  lighting 
and/or marking is $10,000.3  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''),4 which  include the nature,  circumstances, 
extent, and gravity of the violation(s), 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.   Considering  the  entire   record  and  applying   the 
statutory factors to  the instant case,  a $10,000 forfeiture  is 

                      IV.  ORDERING CLAUSES

     7.   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 
Commission's Rules,6 Kilgore  Video, Inc. is  hereby NOTIFIED  of 
their APPARENT LIABILITY FOR  A FORFEITURE in  the amount of  ten 
thousand dollars ($10,000) for willful violation of Section 17.50 
of the Rules.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules, within thirty days of the release date of 
the full  amount  of the  proposed  forfeiture or  SHALL  FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     9.   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,  IL  60673-7482.   The  payment should  note  the 
NAL/Acct. No. and FRN referenced in the letterhead above.

     10.  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 and  Public  Safety  Division,  and  MUST  INCLUDE  THE 
NAL/Acct. No. and FRN referenced in the letterhead above.

     11.  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 

     12.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, SW, Washington, DC  

     13.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Kilgore  Video, Inc., 333  Houston Street,  Kilgore, 
Texas 75662.  An additional copy shall be sent to Kilgore  Video, 
Inc. at P.O. Box 2221, Little Rock, Arkansas 72203-2221.


                         James D. Wells
                         District Director - Dallas Office


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 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 (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 and 1.80

7 See 47 C.F.R.  1.1914.