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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
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
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
notice.
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
specified.
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
of this NOTICE OF APPARENT LIABILITY, National Cable SHALL PAY
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.
43220.
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.