Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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


In the Matter of                   )  File Numbers EB-02-KC-441 & 
                                                            )                 EB-02-KC-448
US Cable Of Coastal Texas LP       )
Owner of Two Unregistered Antenna  )   NAL/Acct. No.2002322560016
Structures Located At or Near 32°  )
28' 53'' North Latitude by 092°    )             FRN 0004-4539-81
00' 26'' West Longitude Near 
Paris, Missouri, and At or Near 
39° 40' 22'' North Latitude by 
091° 21' 23'' West Longitude 
Approximately 3 Miles South of 
Hannibal, Missouri

Montvale, New Jersey
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                          Released: July 16, 2002

By the Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find US Cable  of Coastal Texas LP (``US  Cable''), 
apparently liable for a forfeiture in the amount of six  thousand 
dollars ($6,000) for  willful and repeated  violation of  Section 
17.4(a) of the Commission's Rules (``Rules'').1  Specifically, we 
find US Cable of Coastal Texas  LP failed to register two of  its 
antenna supporting structures in two different locations.

                         II.  BACKGROUND

     2.   US Cable owns  two antenna  supporting structures,  the 
first located at or near geographical coordinates 32° 28' 53''  N 
latitude & 092° 00'  26'' W longitude  near Paris, Missouri,  and 
the second located at 39° 40' 22''  N latitude & 091° 21' 23''  W 
longitude approximately 3 miles south of Hannibal, Missouri.

     3.   On June 4,  2002, an agent  of the Commission's  Kansas 
City Office inspected the US  Cable antenna structure located  at 
32° 28' 53'' N latitude &  092° 00' 26'' W longitude near  Paris, 
Missouri.  The agent observed  no Antenna Structure  Registration 
(``ASR'') numbers posted to identify this structure.  The FCC ASR 
database had  no  record that  this  antenna structure  had  been 
registered.

     4.   On June 5,  2002, an agent  of the Commission's  Kansas 
City Office  inspected  the  second US  Cable  antenna  structure 
located at 39° 40'  22'' N latitude &  091° 21' 23'' W  longitude 
approximately 3  miles south  of Hannibal,  Missouri.  The  agent 
observed no ASR numbers posted  to identify this structure.   The 
FCC ASR database had  no record that  this antenna structure  had 
been registered.

                        III.  DISCUSSION

     5.   Section 17.4(a) of the Rules provides that the owner of 
antenna structures that  require notice to  the Federal  Aviation 
Administration  (``FAA'')  must  register  structures  with   the 
Commission.  US Cable's two antenna structures required notice to 
the FAA,  and thus  required  registration with  the  Commission, 
because they both exceeded 200 feet in height.2  US Cable  failed 
to register its antenna structure near Paris, Missouri as of June 
4, 2002,  and  failed  to register  its  antenna  structure  near 
Hannibal, Missouri as of June 5, 2002.

     6.   Based on the evidence before us, we find that on June 4 
and June 5,  2002, US Cable  willfully3 and repeatedly4  violated 
Section 17.4(a) of the  Rules by failing to  register two of  its 
antenna structures.

     7.   Pursuant to Section 1.80(b)(4) of the Rules,5 the  base 
forfeiture amount for failure to register an antenna structure is 
$3,000 for each violation.  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.6  Because  US Cable  failed  to register  two  different 
towers,  this   constitutes  separate   violations  and   it   is 
appropriate to  impose a  forfeiture for  each.  Considering  the 
entire record and  applying the factors  listed above, this  case 
warrants a $6,000 forfeiture.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,7 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,8 US Cable  is hereby NOTIFIED  of this APPARENT  LIABILITY 
FOR A FORFEITURE in the  amount of six thousand dollars  ($6,000) 
for willful  and repeated  violation of  Section 17.4(a)  of  the 
Rules by failing to register its two antenna structures.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this NAL, US 
Cable SHALL PAY  the full  amount of the  proposed forfeiture  or 
SHALL FILE a written statement seeking reduction or  cancellation 
of the proposed forfeiture.

     10.  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 NAL  under an installment plan should  be 
sent to:  Chief, Revenue  and Receivables  Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.9

     11.  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 above.  

     12.  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.  

     13.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to US Cable of Coastal Texas LP, 28 West Grand Avenue,  Montvale, 
NJ 07645.   


                         FEDERAL COMMUNICATIONS COMMISSION



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

1 47 C.F.R. § 17.4(a).

2 See 47 C.F.R. § 17.7(a).

3 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 4387-88 (1991).

4 The term ``repeated,'' when used with reference to the 
commission or omission of any act, ``means the commission or 
omission of such act more than once or, if such commission or 
omission is continuous, for more than one day.''  47 U.S.C. § 
312(f)(2).

5 47 C.F.R. § 1.80(b)(4).

6 47 U.S.C. § 503(b)(2)(D).

7 47 U.S.C. § 503(b).

8 47 C.F.R. §§ 0.111, 0.311, 1.80.

9 See 47 C.F.R. § 1.1914.