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

In the Matter of                   )
Haviland Telephone Co., Inc.,      )
                                  )    File Number EB-02-KC-
Owner of Antenna Structure         )                      331
Registration                       )
No. 1033509                        )                NAL/Acct. 
                                  )          No.200232560009
Haviland, Kansas                   )
                                            FRN 0005-0815-67


                                         Released:  June 13, 

By the Enforcement Bureau, Kansas City Office:

                         I.  INTRODUCTION
     1.    In  this   Notice  of   Apparent  Liability   for 
Forfeiture,  we  find  that  Haviland  Telephone  Co.,  Inc. 
(``Haviland''), owner of antenna structure number 1033509 at 
Haviland, Kansas,  willfully violated  Section 17.21  of the 
Commission's Rules  (``Rules''),1 by failing to  exhibit the 
prescribed painting.  We find Haviland apparently liable for 
forfeiture in the amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.  On May 16, 2002, an  agent of the FCC's Kansas City 
Field Office  inspected Haviland's antenna  structure number 
1033509 in Haviland, Kansas.  The structure's height was 122 
meters  (400 feet),  thus requiring  painting and  lighting.  
The antenna  structure was unpainted, there  were no daytime 
obstruction lights  in operation,  and there was  no antenna 
structure registration  (``ASR'') number visible at  or near 
the base  of the  tower.  The ASR  and the  Federal Aviation 
Administration  (``FAA'') records  for  this structure  both 
prescribe  that  red  obstruction   lighting  and  paint  be 
exhibited on the structure. 

                      III.  DISCUSSION

     3.  Section  17.21 of  the Rules requires  that antenna 
structures  shall be  painted and  lighted when  they exceed 
60.96 meters (200  feet) in height above the  ground or they 
require  special  aeronautical  study.   On  May  16,  2002, 
Haviland's   antenna  structure   number  1033509   required 
painting because it exceeded 200 feet in height and painting 
was prescribed  by both the  FCC and FAA, yet  the structure 
was unpainted.

     Based on the  evidence before us, we find  that, on May 
16, 2002, Haviland willfully2  violated Section 17.21 of the 
Rules by failing to paint the tower as required.

     4. Pursuant  to Section 1.80(b)(4) of  the  Rules,3 the 
base forfeiture amount for failure to comply with prescribed 
painting 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

     5. 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 Haviland Telephone  Co., Inc. is hereby NOTIFIED 
ten  thousand dollars  ($10,000)  for  willful violation  of 
Section  17.21  of  the  Rules by  failing  to  exhibit  the 
prescribed painting on its antenna structure.

     6.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of  the Commission's Rules,  within thirty days  of the 
2002, Haviland Telephone Co., Inc. SHALL PAY the full amount 
of the proposed forfeiture or SHALL FILE a written statement 
seeking   reduction   or   cancellation  of   the   proposed 

     7. 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 
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. 20554.7

     8.  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.  

     9.  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 

     10. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT  LIABILITY  shall  be  sent  by  regular  mail  and 
Certified   Mail  Return   Receipt  Requested   to  Haviland 
Telephone Co., Inc., P.O.  Box 308, Haviland, Kansas  67059-


     Robert C. McKinney
     District Director
     Kansas City Office

1 47 C.F.R  17.21.
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 
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.