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

In the Matter of                 )
National Cable                   )      File Number EB-01-KC-1113
FRN: 0005-8059-24                )
Columbus, Ohio                   )     NAL/Acct.No.  20013256-004 


                                       Released: December 4, 2001

By the Enforcement Bureau, Kansas City Field Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that National Cable  apparently violated Section 1.89(b)  of 
the Commission's  Rules  (``Rules'')  by failing  to  respond  to 
Commission correspondence.1  We conclude  that National Cable  is 
apparently liable for a forfeiture in the amount of four thousand 
dollars ($4,000).

                         II.  BACKGROUND

     2.   On September 5,  2001, an  agent from  the Kansas  City 
Field  Office  (``Field  Office'')  inspected  the  cable  system 
serving  Lone  Jack,  MO.   During  this  inspection,  the  agent 
determined that leakage  exceeded 20  microvolts per  meter at  5 
different locations.  On  September  6, 2001,  the  Field  Office 
issued a Notice of Violation  (``NOV'') to National Cable  citing 
these deficiencies.  The Field Office  received no reply to  this 

     3.   On October 5,  2001, the Field  Office issued a  second 
NOV to National Cable.   This NOV stated that  no reply had  been 
received to the NOV issued on  September 6, 2001, and included  a 
copy of the NOV.  Additionally, the letter cautioned the licensee 
concerning failure  to reply  to Commission  correspondence.   No 
reply to either NOV has been received. 

     4. On October 26, 2001, a telephone call to Shannon Mayes, 
Vice President of National Cable, confirmed ownership of the Lone 
Jack cable system.  It was also stated that the office had moved 
from 5151 Reed Road 106A Columbus, Ohio to 5151 Reed Road 113A 
Columbus, Ohio.  Copies of both NOVs were transmitted via 
facsimile transmission to the number provided by Mr. Mayes.  The 
September 6, 2001, NOV was retransmitted on October 31, 2001.  No 
reply has been received.

     5. A telephone call was placed to Shannon Mayes on November 
30, 2001.  Mr. Mayes wasn't available so a brief, detailed 
message was left on his voice mail asking for the FRN for 
National Cable, the number and size of other cable systems owned 
by National Cable and the number of subscribers for the system at 
Lone Jack, MO.  No reply has been received. 

                        III.  DISCUSSION

     6.  Section  1.89(b)  of the  Rules,  47 C.F.R.    1.89(b), 
requires any  person  who  holds  a  license,  permit,  or  other 
authorization to respond in writing within ten days from  receipt 
of a notice from  the Commission or such  other period as may  be 

     7. Based on the  evidence before us,  we find that  National 
Cable willfully2 violated Section 1.89(b) of the Rules by failing 
to respond to the Notices  of Violation dated September 6,  2001, 
and October 5, 2001.

     8. Pursuant to Section 1.80(b)(4) of the Commission's Rules, 
the base forfeiture amount for  failure to respond to  Commission 
communications is  $4,000.3   Section  503(b)(2)(D)  of  the  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  Applying  Section  1.80(b)(4)   of  the  Rules   and 
statutory factors  to the  instant case,  we find  no  compelling 
evidence to  support  any  adjustments  to  the  base  forfeiture 
amounts.  Therefore, a total forfeiture  in the amount of  $4,000 
is warranted.

                      IV.  ORDERING CLAUSES

     9.Accordingly,  IT  IS ORDERED  THAT,  pursuant  to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended,5  and 
Sections 0.111,  0.311  and  1.80  of  the  Commission's  Rules,6 
National Cable is hereby NOTIFIED of its APPARENT LIABILITY FOR A 
FORFEITURE in the  amount of four  thousand dollars ($4,000)  for 
willful violation of Section 1.89(b) of the Commission's Rules.7

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

     11. 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. referenced in the letterhead above.

     12.  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 in the letterhead above.

     13. 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.  

     14. 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. 20554.9 

     15. IT IS  FURTHER ORDERED  THAT a  copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to National Cable 5151  Reed Road, 113A, Columbus,  OH. 

                              FEDERAL COMMUNICATIONS COMMISSION

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

1 47 C.F.R.  1.89
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 commission or omission of 
any act, means that conscious and deliberate commission or 
omission of such an 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 47 C.F.R.  1.89(b)
8 47 C.F.R.  1.80.
9 See 47 C.F.R.  1.1914.