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

In the Matter of                   )
Northern Electric Cooperative      )       File Number EB-02-
Bath, South Dakota                 ) PL-157
                                  )       NAL/Acct. No. 
                                  ) 200332420001

                                          FRN 0002-4325-40


                                             Released: April 18, 

By the Resident Agent, Saint Paul Office, Enforcement Bureau:

                        I.   INTRODUCTION

     1.        In  this   Notice   of  Apparent   Liability   for 
               Forfeiture  (``NAL''),  we   find  that   Northern 
               Electric Cooperative (``Northern''),  owner of  an 
               antenna structure located  in Bath, South  Dakota, 
               has apparently  violated  Section 17.4(a)  of  the 
               Commission's Rules (the ``Rules''),1 by failing to 
               register the tower.  We conclude that Northern  is 
               apparently liable for a  forfeiture in the  amount 
               of three thousand dollars ($3,000).

                         II.  BACKGROUND

     2.        On December 3 and 4,  2002, an agent from the  FCC 
               Enforcement Bureau's Saint Paul Office inspected a 
               painted and lighted tower  located at the rear  of 
               Northern's building on  Route 12,  Bath, SD.   The 
               agent determined  the  coordinates  of  the  tower 
               using a Global Positioning System (GPS)  receiver.  
               A later database  search revealed no  registration 
               for the tower.

     3.        On January 24,  2003, the agent  sent a letter  of 
               inquiry to Northern regarding the towers on  their 

     4.        On February 18,  2003, the  engineer for  Northern 
               replied to the letter.   The engineer stated  that 
               the painted  and  lighted  tower at  the  rear  of 
               Northern's building was not registered.

                      III.      DISCUSSION

     5.        Section 17.4(a) of the Rules requires tower owners 
               to register their  towers.  On December  3 and  4, 
               2002, an  agent measured  the coordinates  of  the 
               tower as approximately N 45 27 41, W 98 20 15.  No 
               tower  registration  exists   at  or  near   those 
               coordinates that match the physical description of 
               the tower. 

     6.        Based on  the evidence  before  us, we  find  that 
               Northern  willfully3   and  repeatedly4   violated 
               Section  17.4(a)  of  the  Rules  by  failing   to 
               register   the   tower.    Pursuant   to   Section 
               1.80(b)(4)  of   the  Rules,5   The   Commission's 
               Forfeiture  Policy  Statement  and  Amendment   of 
               Section 1.80  of  the  Rules  to  Incorporate  the 
               Forfeiture Guidelines,  12  FCC Rcd  17087,  17113 
               (1997), recon.  denied,  15  FCC  Rcd  303  (1999) 
               (``Forfeiture Policy Statement'')6, sets the  base 
               forfeiture amount  for  failure to  file  required 
               forms or information at $3,000.  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 (the ``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.7  Considering the  entire 
               record and  applying Forfeiture  Policy  Statement 
               and the factors  listed above, we  believe that  a 
               three thousand dollar ($3,000) monetary forfeiture 
               is warranted.

                      IV.  ORDERING CLAUSES

     7.        Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
               Section 503(b) of  the Act,8  and Sections  0.111, 
               0.311 and 1.80 of  the Rules,9  Northern  Electric 
               Cooperative is  hereby  NOTIFIED of  its  APPARENT 
               LIABILITY FOR A FORFEITURE in the amount of  three 
               thousand dollars ($3,000) for willful violation of 
               Section  17.4(a)  of  the  Rules,  by  failing  to 
               register the tower.

     8.        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, Northern Electric Cooperative SHALL PAY 
               the full  amount  of the  proposed  forfeiture  or 
               SHALL FILE a  written statement seeking  reduction 
               or cancellation of the proposed forfeiture.

     9.        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. 200332420001 and FRN  0002-

     10.       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. 

     11.       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 

     12.       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. 20554.10

     13.       Under the Small Business  Paperwork Relief Act  of 
               2002, Pub L. No. 107-198, 116 Stat. 729 (June  28, 
               2002), the FCC is  engaged in a two-year  tracking 
               process regarding the size of entities involved in 
               forfeitures.  If you qualify as a small entity and 
               if you wish to  be treated as  a small entity  for 
               tracking purposes, please so certify to us  within 
               thirty (30)  days  of  this NAL,  either  in  your 
               response to the NAL or in a separate filing to  be 
               sent to the Technical and Public Safety  Division.  
               Your certification  should indicate  whether  you, 
               including your parent entity and its subsidiaries, 
               meet one of the definitions set forth in the  list 
               provided by  the  FCC's Office  of  Communications 
               Business  Opportunities   (OCBO)  set   forth   in 
               Attachment A of this Notice of Apparent Liability.  
               This  information  will   be  used  for   tracking 
               purposes  only.   Your  response  or  failure   to 
               respond to this  question will have  no effect  on 
               your  rights  and  responsibilities  pursuant   to 
               Section 503(b) of the Communications Act.  If  you 
               have questions  regarding any  of the  information 
               contained in Attachment A, please contact OCBO  at 
               (202) 418-0990.

     14.       IT IS FURTHER ORDERED THAT  a copy of this  NOTICE 
               OF APPARENT LIABILITY shall  be sent by  Certified 
               Mail Return Receipt Requested to Northern Electric 
               Cooperative, West Highway 12, Bath, SD 57427.    

                              FEDERAL COMMUNICATIONS COMMISSION

                              F. M. Evans, P. E.
                              Resident Agent 
                              Saint Paul Office 

Attachment A: Condensed List of Small Entities

1 47 C.F.R  17.4(a)

2 Northern has three tower registrations for this facility.  Two 
are for towers # 1041652 and # 1041643.  Both of these towers are 
properly lighted, registered, and have the registration number 
posted as required.  A third registration, tower # 1211916, was a 
duplicate registration for tower # 1041643.  The coordinates for 
the two registrations are very close, and the tower description 
is the same.

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 (1991).

4 Section 312(f)(2), which also applies to Section 503(b), 
provides: [t]he 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.

547 C.F.R.  1.80(b)(4).

6 47 C.F.R.  1.80.

7 47 U.S.C.  503(b)(2)(D).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, and 0.311.
10 See 47 C.F.R.  1.1914.