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



In the Matter of                   )
                                                            )
Texas Cable Partners, LP           )
                                  )  File Number EB-02-HU-025
Owner of Antenna Structure         )
Located 1.5 miles south of         ) NAL/Acct. No. 200232540001
Cotulla, Texas at 28º25'02''       )
North Latitude and 099º14'53.1''   )      FRN 0003-5721-53
West Longitude.                    )



         
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  May   21, 
2002 

By the Enforcement Bureau, Houston Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Texas Cable Partners, LP willfully and repeatedly 
violated Section 17.4(a) of the Commission's Rules1 by failing to 
register its antenna structure located 1.5 miles south of 
Cotulla, Texas at 28º25'02'' North Latitude and 099º14'53.1'' 
West Longitude.  We find Texas Cable Partners, LP apparently 
liable for forfeiture in the amount of three thousand dollars 
($3,000).

                         II.  BACKGROUND

     2.   On April 19, 2002, an agent of the FCC Enforcement 
Bureau's Houston Resident Agent Office (``Houston Office'') 
inspected an antenna structure located 1.5 miles south of 
Cotulla, Texas at 28º25'02'' North Latitude and 099º14'53.1'' 
West Longitude.  Because the structure's height exceeded 200 feet 
and thus required notification to the Federal Aviation 
Administration, the antenna structure required registration with 
the FCC.  The agent observed no antenna structure registration 
(``ASR'') number visible on or near the base of the structure.  
The agent called the telephone number posted at the gate leading 
to the antenna structure and determined that the tower belonged 
to Time Warner Cable.

     3.   On April 30, 2002, the Houston Office agent telephoned 
Texas Cable Partners, LP, the entity that owns Time Warner Cable 
towers located in the State of Texas, and confirmed they owned 
the tower and that the tower was not registered.  A check of the 
FCC ASR database confirmed that there was no record of 
registration for the tower.

     4.   On May 1, 2002, the Houston Office agent again checked 
the FCC ASR database and discovered that the antenna structure 
had been registered that day with Texas Cable Partners, LP as the 
owner of the structure.



                        III.  DISCUSSION

     5.   Section 17.4(a) of the Rules provides that, effective 
July 1, 1996, owners of any existing antenna structures that 
require notification to the Federal Aviation Administration must 
register the structure with the Commission.  Section 17.4(a)(2) 
of the Rules provides that, effective July 1, 1998, owners of an 
antenna structure that had been assigned painting or lighting 
requirements prior to July 1, 1996, must register the structure 
with the Commission.  Texas Cable Partners LP's tower required 
registration yet they failed to register the tower as of April 
19, 2002, and did not register the tower until May 1, 2002, after 
an agent of the Houston Office informed them that the tower was 
not registered.  Based on the evidence before us, we find that 
Texas Cable Partners LP willfully2 and repeatedly3 violated 
Section 17.4(a) of the Commission's Rules by failing to register 
their antenna structure.
     .

     6.   Pursuant to Section 1.80(b)(4) of the Commission's 
Rules,4 the base forfeiture amount for the violation cited in 
this Notice of Apparent Liability is $3,000 (failure to file 
required forms or information).  Section 503(b)(2)(D) of the 
Communications Act of 1934, as amended (``Act''),5 requires us to 
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.''  
Considering the record as a whole and the statutory factors 
listed above, this case warrants a forfeiture in the amount of 
$3,000.

                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS ORDERED THAT, pursuant to Section 
503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the 
Commission's Rules,7 Texas Cable Partners, LP is hereby NOTIFIED 
of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three 
thousand dollars ($3,000) for willfully and repeatedly violating 
Section 17.4(a) of the Commission's Rules by failing to register 
an antenna structure that requires notification to the Federal 
Aviation Administration.

     
     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,8 within thirty days of the release date 
of this NOTICE OF APPARENT LIABILITY, Texas Cable Partners, LP  
SHALL PAY 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, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. and FRN referenced 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 & Public Safety Division and MUST INCLUDE THE NAL/Acct. 
No. and FRN referenced above.  

     11.  Requests for payment of the full amount of this Notice 
of Apparent Liability under an installment plan should be sent 
to: Chief, Revenue and Receivables Operations Group, 445 12th 
Street, S.W., Washington, D.C. 20554.9 

     12.  IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Texas Cable Partners, LP,  to the attention of  Don 
Sambol, P.O. Box 6659, Englewood, CO 80155-6659.         


                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              Oliver K. Long
                              Resident Agent  -  Houston  Office, 
Enforcement Bureau
_________________________

1 47 C.F.R § 17.4(a).

2 Section 312(f)(1) of the Communications Act of 1934, as amended 
(``Act''), 47 U.S.C. § 312(f)(1), which applies equally 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 The term ``repeated'' means the commission or omission of an 
act more than once or, if such commission or omission is 
continuous, for more than one day.  47 U.S.C. § 312(f)(2).

4 47 C.F.R. § 1.80(b)(4).

5  47 U.S.C. § 503(b)(2)(D).

6 47 U.S.C. § 503(b).

7 47 C.F.R. §§ 0.111, 0.311, 1.80.

8 47 C.F.R. § 1.80.

9 See 47 C.F.R. § 1.1914.