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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Deans Cablevision Inc. ) File Number EB-02-KC-393
Owner of Antenna Structure )
Registration Number1223423 at ) NAL/Acct.No. 200232560010
Conception Junction, Missouri )
Lamoni, Iowa ) FRN 0006149496
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 26, 2002
By the Enforcement Bureau, Kansas City Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we
find that Deans Cablevision Inc., owner of antenna structure
number 1223423, willfully violated Section 17.50 of the
Commission's Rules1 by failing to clean or repaint the antenna
structure as often as necessary to maintain good visibility. We
conclude that Deans Cablevision Inc. is apparently liable for a
forfeiture in the amount of ten thousand dollars ($10,000).
II. BACKGROUND
2. On May 30, 2002, an agent of the Commission's Kansas
City Field Office inspected Deans Cablevision Inc. antenna
structure with Antenna Structure Registration number 1223423
located in Conception Junction, Missouri on South Highway 169.
The bands of the antenna structure were not clearly visible due
to faded and rusted paint.
III. DISCUSSION
3. Section 17.50 of the Commission's 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 May 30, 2002, Deans Cablevision Inc. failed to
maintain good visibility of its antenna structure number 1223423
because the required structure markings were faded and rusted.
4. Based on the evidence before us, we find that on May
30, 2002, Deans Cablevision Inc. willfully2 violated Section
17.50 of the Commission's Rules by failing to maintain good
visibility of its antenna structure.
5. Pursuant to Section 1.80(b)(4) of the Commission's
Rules, the base forfeiture amount for the violation(s) cited in
this notice is $10,000.3 Section 503(b)(2)(D) of the
Communications Act of 1934, as amended (``Act''), 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.''4
Considering the entire record and applying the statutory 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
Commission's Rules,6 Deans Cablevision Inc is hereby NOTIFIED of
its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten
thousand dollars ($10,000) for willful violation of Section 17.50
of the Commission's Rules.
7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules, within thirty days of the release date of
this Notice Of Apparent Liability, Deans Cablevision 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 must include
the FRN and NAL/Acct. No. referenced in the letterhead above.
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. and FRN referenced in the letterhead 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
submitted.
11. 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, S.W., Washington,
D.C. 20554.7
12. 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 Deans Cablevision Inc. at 115 South Linden, Lamoni,
Iowa 50140.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
District Director, 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 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 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.