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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                                
     In the Matter of                                                
                                    )                                
     Comcast of Washington/Oregon         File Number: EB-06-PO-167  
                                    )                                
     Antenna Structure Registrant       NAL/Acct. No.: 200732920002  
                                    )                                
     ASR No. 1005634                                FRN: 0004991840  
                                    )                                
     Vancouver, Washington                                           
                                    )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                 Released:  February 23, 2007

   By the Resident Agent, Portland Resident Agent Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Comcast of Washington/Oregon ("Comcast"), registered owner of
       antenna structure #1005634 in Vancouver, Washington, apparently
       repeatedly violated Section 303(q) of the Communications Act of 1934,
       as amended ("Act"), by failing to comply with the mandatory FAA
       lighting recommendations for the antenna structure, a violation of
       Section 17.23 of the Commission's Rules ("Rules"); and by failing to
       make observation of the antenna structure's lights at least once each
       24 hours either visually or by observing an automatic properly
       maintained indicator designed to register any failure of such lights,
       a violation of Section 17.47(a) of the Rules. Comcast's failure to
       make the required observations of the lighting on the antenna
       structure resulted in its failure to notify the nearest Flight Service
       Station of the Federal Aviation Administration ("FAA") of the outage
       of the flashing obstruction lights, a violation of Section 17.48 of
       the Rules. We conclude, pursuant to Section 503(b) of the Act, that
       Comcast is apparently liable for a forfeiture in the amount of ten
       thousand dollars ($10,000).

   II. BACKGROUND

    2. Antenna structure #1005634 is located approximately 3.5 miles
       northeast from the Pearson Airport in Vancouver, Washington. The
       Commission requires antenna structure owners to maintain painting and
       lighting on antenna structures that are more than 60.96 meters (200
       feet) in height or are located near an airport.   Antenna structure
       #1005634 is 59.4 meters in height above ground level and, because of
       its proximity to Pearson Airport, is required to have "Obstruction
       Marking and Lighting" in accordance with the applicable chapters of
       the FAA Advisory Circular Number 70/7460-1J. According to antenna
       structure #1005634's registration, the structure is required to have
       red obstruction lighting consisting of at least one top-mounted red
       flashing beacon and two or more steady burning side lights at
       mid-level.

    3. On November 9, 2006, at approximately 5:30 p.m. local time, an agent
       from the Enforcement Bureau's Portland Resident Agent Office observed
       that the top flashing red lights and a red side light of antenna
       structure #1005634 were extinguished. At approximately 8:30 p.m. local
       time, the agent contacted the FAA's Seattle Flight Service Station and
       was advised that there was no record of any Notice to Airmen ("NOTAM")
       issued concerning the light outage on antenna structure #1005634. The
       agent requested the Seattle Flight Service Station to open a NOTAM,
       number VUO 11/003, to cover the light outage on structure #1005634.

    4. On November 13, 2006, the Portland agent conducted a follow-up
       interview with the Seattle Flight Service Station and confirmed that
       there was no record that Comcast had contacted the Flight Service
       Station to report the light outage. Still on November 13, 2006, at
       approximately 12:45 p.m. local time, the Portland agent conducted an
       on-site inspection at antenna structure #1005634 with Comcast
       employees. During the inspection, the agent asked the Comcast
       employees if they conducted daily monitoring of the lights on antenna
       structure #1005634. The Comcast employees told the agent that they did
       not monitor the lights on the structure and they did not produce an
       automatic indicator or alarm to register any failure of the lights.
       The Comcast employees stated to the Portland agent that they were not
       aware of the light outage on antenna structure #1005634 until they
       were informed by the agent. The Comcast employees also acknowledged to
       the Portland agent that Comcast had failed to notify the Seattle
       Flight Service Station of the outage. The Comcast employees then
       verified the light outage. The Portland agent also re-inspected the
       antenna structure and found that the structure's top-mounted red
       flashing beacon and one of its red mid-level side lights were still
       extinguished.

    5. On November 14, 2006, a Comcast representative advised the Portland
       agent that the extinguished lights were replaced. The Portland Agent
       conducted a follow-up inspection and verified that the lights were
       operational.

   III. DISCUSSION

    6. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    7. Section 303(q) of the Act states that antenna structure owners shall
       maintain the painting and lighting of antenna structures as prescribed
       by the Commission. Section 17.23 of the Rules requires that registered
       antenna structures conform to the mandatory FAA painting and lighting
       recommendations set forth on the FAA Notice issued to the structure
       owner.   The FAA Notice for antenna structure #1005634 requires that
       the structure have red obstruction lighting consisting of at least one
       top-mounted red flashing beacon and two or more steady burning side
       lights at mid-level.  Section 17.47(a) requires that the owner of any
       antenna structure which is registered with the Commission and has been
       assigned lighting specifications shall make an observation of the
       antenna structure's lights at least once each 24 hours either visually
       or by observing an automatic properly maintained indicator designed to
       register any failure.  Section 17.48 of the Rules requires  the owner
       of an antenna structure to report immediately by telephone or
       telegraph to the nearest Flight Service Station or office of the FAA
       any observed or otherwise known extinguishment or improper functioning
       or any top steady burning light or any flashing obstruction light,
       regardless of its position on the antenna structure, not corrected
       within 30 minutes.

    8. On November 9, 2006, a Portland Agent observed that antenna structure
       #1005634's top-mounted red flashing beacon and one of its red
       mid-level side lights were extinguished. The Portland agent contacted
       the Seattle Flight Service Station and found that Comcast had not
       reported the outage, thus requiring the Portland agent to make the
       report requesting the NOTAM. On November 13, 2006, the Portland agent
       again contacted the Seattle Flight Service Station and found that
       Comcast had never made contact with the Flight Service Station to
       report the outage. The Portland agent contacted Comcast employees who
       stated that they were unaware of the outage until notified by the
       Portland agent. The Comcast employees also acknowledged that they did
       not perform daily monitoring of the lights on antenna structure
       #1005634 and produced no evidence that Comcast had an automatic
       indicator to monitor the structure's lights or alarm to register any
       failure of the lights on the structure. The Portland agent then
       re-inspected the antenna structure and found that the structure's
       top-mounted red flashing beacon and one of its red mid-level side
       lights were still extinguished. Comcast's failure to monitor the
       lights on antenna structure #1005634 resulted in its failure to notify
       the Seattle Flight Service Station of the outage of the flashing
       obstruction lights, which are required to be mounted and functioning
       pursuant to the FAA's lighting specifications for the antenna
       structure. Based on the evidence before us, we find that, between
       November 9, 2006, and November 13, 2006, Comcast apparently repeatedly
       violated Section 303(q) of the Act, and Sections 17.23, 17.47(a) and
       17.48 of the Rules, by failing to maintain the required red
       obstruction lighting on antenna structure #1005634; by failing to
       monitor, either visually or through an automatic monitoring system,
       the antenna structure's lights; and by failing to report the
       extinguishment of the flashing obstruction lighting on antenna
       structure #1005634.

    9. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for failing to comply with the prescribed
       lighting and/or marking for an antenna structure is $10,000. 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
       Act, which include the nature, circumstances, extent, and gravity of
       the violations, and with respect to the violator, the degree of
       culpability, and history of prior offenses, ability to pay, and other
       such matters as justice may require. Applying the Forfeiture Policy
       Statement, Section 1.80, and the statutory factors, a $10,000
       forfeiture is warranted.

   IV. ORDERING CLAUSE

   10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
       1.80 of the Commission's Rules, Comcast of Washington/Oregon is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       ten thousand dollars ($10,000) for violations of Section 303(q) of the
       Act, and Sections 17.23, 17.48 and 17.47(a) of the Commission's Rules.

   11. 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 for Forfeiture, Comcast of
       Washington/Oregon SHALL PAY the full amount of the proposed forfeiture
       or SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   12. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.
       Payment by overnight mail may be sent to Mellon Bank/LB 358340, 500
       Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire
       transfer may be made to ABA Number 043000261, receiving bank Mellon
       Bank, and account number 911-6106.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Portland Resident
       Agent Office, P.O. Box 61469, Vancouver, Washington 98666-1469 and
       must include the NAL/Acct. No. referenced in the caption.

   14. 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.

   15. Requests for payment of the full amount of this Notice of Apparent
   Liability for Forfeiture under an installment plan should be sent to:
   Associate Managing Director - Financial Operations, Room 1A625, 445 12^th
   Street, S.W., Washington, D.C. 20554.

   16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Comcast of Washington/Oregon, 1500
       Market Street, 35^th Floor, Philadelphia, PA 19102.

   FEDERAL COMMUNICATIONS COMMISSION

   Binh Nguyen

   Resident Agent

   Portland Resident Agent Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S 303(q).

   47 C.F.R. S 17.23.

   47 C.F.R. S 17.47(a).

   47 C.F.R. S 17.48.

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

   47 C.F.R. S 17.21.

   See FAA Advisory Circular Number 70/7460-1J, Chapters 4, 5, and 13.

   Section 312(f)(1) of the Act, 47 U.S.C. S 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 or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[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."

   47 U.S.C. S 303(q).

   47 C.F.R. S 17.23.

   See FAA Advisory Circular Number 70/7460-1J, Chapters 4, 5, and 13.

   47 C.F.R. S 17.47(a).

   47 C.F.R. S 17.48.

   The Portland agent's request to issue a NOTAM was done to protect the
   public safety, given that the FAA- mandated lighting on the structure was
   not functioning and that the antenna structure was therefore a potential
   hazard to air navigation. We caution antenna structure owners, however,
   that it is incumbent upon them, and not a third party, to notify the FAA
   of any extinguishments or malfunctioning lights.

   12 FCC Rcd 17087(1997), recon. denied 15 FCC Rcd 303 (1999).

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

   47 U.S.C. SS 303(q), 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80, 17.23,
   17.48, 17.47(a).

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       5

   Federal Communications Commission