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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


     In the Matter of                                                        
                                             )                               
     KFW Communications LLC                                                  
                                             )                               
     dba Almega Cable, Inc.                                                  
                                             )   File No. EB-09-HU-0077      
     Former Owner of Cable Television                                        
     System                                  )   NAL/Acct. No. 201032540003  
                                                                             
     Yorktown, Texas                         )   FRN 0018266676              
                                                                             
     Physical System ID # 007761             )                               
                                                                             
     Former Owner of Antenna Structure #     )                               
     1045666                                                                 


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released: February 4, 2010

   By the Resident Agent, Houston Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that KFW Communications LLC dba Almega Cable, Inc. ("KFW"), former
       owner of cable television system and owner of antenna structure number
       1045666, in Yorktown, Texas apparently willfully and repeatedly
       violated Sections 11.35(a), 17.4(g), 17.48, and 17.51(a)  of the
       Commission's Rules ("Rules") by failing to install operational
       Emergency Alert System ("EAS") equipment, failing to display the
       Antenna Structure Registration ("ASR") number in a conspicuous place
       so that it is readily visible near the base of the antenna structure,
       failing to notify the Federal Aviation Administration ("FAA")
       immediately of a lighting outage, and failing to exhibit all red
       obstruction lighting from sunset to sunrise. We conclude, pursuant to
       Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       that KFW is apparently liable for a forfeiture in the amount of twenty
       thousand dollars ($20,000).

   II. BACKGROUND

    2. On October 2, 2009, an agent with the Commission's Houston Office of
       the Enforcement Bureau ("Houston Office") inspected antenna structure
       number 1045666 in Yorktown, Texas. The agent observed that the ASR
       number was not displayed in a conspicuous place visible near the base
       of the antenna structure. According to the registration for antenna
       structure number 1045666, the antenna structure is to display red
       obstruction lighting from sunset to sunrise. The agent observed at
       8:30 PM-CDT that the top-level red obstruction lighting for antenna
       structure number 1045666 was not operational after sunset. The
       inspecting agent called the FAA and determined a Notice to Airmen
       ("NOTAM") had not been issued for the obstruction light outage on
       antenna structure number 1045666.

    3. On October 5, 2009, an agent with the Houston Office inspected antenna
       structure number 1045666. The agent observed that the ASR number was
       not displayed in a conspicuous place visible near the base of the
       antenna structure. The agent also observed at 8:45 PM-CDT that the
       top-level red obstruction lighting for antenna structure number
       1045666 was not operational after sunset. On the same day, the agent
       also inspected the headend for the KFW cable system in Yorktown, Texas
       and observed that no EAS equipment was installed.

    4. On October 6, 2009, an agent with the Houston Office spoke with the
       dispatching manager for KFW, who is responsible for overseeing the
       technical department for KFW. The dispatching manager stated he was
       unaware of antenna structure number 1045666 having any recent
       obstruction light outages. He also stated that, to his knowledge, KFW
       was not monitoring antenna structure number 1045666 visually once
       every 24 hours or by an automated monitoring system.

    5. On October 7, 2009, an agent with the Houston Office met with two KFW
       technicians in Bloomington, Texas. The technicians stated that they
       were the only two technicians for the KFW cable systems in Texas. The
       technicians were unaware of any recent obstruction light outages on
       antenna structure number 1045666. The technicians were then informed
       of the obstruction light outage and of the need to maintain a NOTAM
       for the outage. The technicians stated that, to their knowledge, the
       obstruction lighting for antenna structure number 1045666 was not
       being monitored visually once every 24 hours. The technicians also
       stated that, to their knowledge, there was not an automated monitoring
       system being used to monitor the obstruction lights for antenna
       structure number 1045666. The technicians were not able to provide any
       logs for the obstruction lighting. The technicians stated EAS
       equipment was not installed at the headend for the KFW cable system in
       Yorktown, Texas. They were unaware of operational EAS equipment being
       installed at the Yorktown cable system at any time since KFW purchased
       the system in 2008. The technicians were not able to provide any EAS
       logs for the KFW cable system in Yorktown, Texas. KFW was not able to
       provide any evidence that EAS tests were conducted between the time
       KFW purchased the Yorktown, Texas cable system in 2008 and October 7,
       2009.

    6. On November 11, 2009, the dispatching manager for KFW stated in an
       email that KFW still had no EAS equipment in Yorktown, Texas.

   III. DISCUSSION

    7. 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) of the Act 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.

    8. The Rules provide that analog and digital cable systems are part of
       the nationwide EAS network and are categorized as a participating
       national EAS source unless the system affirmatively requests authority
       to not participate. The EAS provides the President and state and local
       governments with the capability to provide immediate and emergency
       communications and information to the general public.  State and local
       area plans identify local primary sources responsible for coordinating
       carriage of common emergency messages from sources such as the
       National Weather Service or local emergency management officials.
        Required monthly and weekly tests originate from EAS Local or State
       Primary sources and must be retransmitted by the participating
       station.

    9. Section 11.35(a) of the Rules requires all cable systems to ensure
       that EAS encoders, EAS decoders, and attention signal generating and
       receiving equipment are installed so that the monitoring and
       transmitting functions are available during the times the systems are
       in operation. Additionally, cable systems must determine the cause of
       any failure to receive the required tests or activations specified in
       S: 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why
       any tests were not received must be made in the cable system records
       as specified in S:S: 76.1700, 76.1708 and 76.1711. As the nation's
       emergency warning system, the Emergency Alert System is critical to
       public safety, and we recognize the vital role that cable systems play
       in ensuring its success. The Commission takes seriously any violations
       of the Rules implementing the EAS and expects full compliance from its
       regulatees.  On October 5, 2009, an agent from the Houston Office
       inspected the headend of the cable system in Yorktown, Texas and
       observed that there was no EAS equipment installed at the head end. On
       October 7, 2009, KFW technicians admitted that no EAS equipment was
       installed at the headend for the KFW system in Yorktown, Texas and
       that they were unaware of any operational EAS equipment being
       installed at the Yorktown, Texas cable system since its purchase by
       KFW in 2008. KFW was not able to provide any records showing that EAS
       equipment was operational at the Yorktown, Texas headend during any
       period from the time the system was purchased by KFW in 2008 and the
       date of the inspection on October 5, 2009. KFW also admitted that, as
       of November 11, 2009, no EAS equipment was installed at the headend in
       Yorktown, Texas.

   10. Section 17.4(g) of the Rules requires that the ASR number be displayed
       in a conspicuous place so that it is readily visible near the base of
       the antenna structure. On October 2 and 5, 2009, an agent with the
       Houston Office observed that the ASR number was not displayed in a
       location visible near the base of antenna structure number 1045666.

   11. Section 17.51(a) of the Rules requires that all red obstruction
       lighting be exhibited from sunset to sunrise. Section 17.47 of the
       Rules requires owners of antenna structures to observe structure
       lights visually once every 24 hours to ensure all lights are
       functioning properly as required or employ an automatic alarm system
       designed to detect any failure in the lights. Section 17.48 of the
       Rules requires that owners of registered antenna structures that have
       been assigned lighting specifications report immediately by telephone
       or telegraph to the FAA any observed or otherwise known extinguishment
       of any flashing obstruction light not corrected within 30 minutes. On
       October 2 and 5, 2009, an agent from the Houston Office observed that
       the top-level red obstruction lighting on antenna structure number
       1045666 was not operational after sunset. On October 6, 2007, KFW was
       unaware of the lighting outage and had not notified the FAA of the
       outage. On October 6, and 7, 2009, KFW technicians stated the
       obstruction lighting was neither being observed visually once every 24
       hours nor monitored by an operational automatic alarm system. KFW's
       failure to observe visually or monitor with an automatic alarm system
       the obstruction lighting prevented it from detecting the repeated
       outage on antenna structure number 1045666 and reporting the outage to
       the FAA.

   12. Based on the evidence before us, we find that KFW apparently willfully
       and repeatedly violated Sections 11.35(a), 17.4(g), 17.48, and
       17.51(a)  of the Rules by failing to ensure that EAS equipment was
       installed and operational, failing to display the ASR number in a
       conspicuous place so that it is readily visible near the base of the
       antenna structure, failing to notify the FAA of a light outage, and
       failing to exhibit all red obstruction lighting from sunset to
       sunrise.

   13. 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 have operational EAS equipment
       installed is $8,000 and the base forfeiture for failing to comply with
       prescribed lighting is $10,000. Section 1.80 of the Rules does not
       establish a base forfeiture amount for failure to post the ASR number.
       The Commission has determined, however, that an appropriate base
       forfeiture amount for failure to post the ASR number is $2,000 per
       violation. In assessing the monetary forfeiture amount, we must also
       take into account the statutory factors set forth in Section
       503(b)(2)(E) 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 of the Rules,
       and the statutory factors to the instant case, we conclude that KFW is
       apparently liable for a $20,000 forfeiture.

   IV. ORDERING CLAUSES

   14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, KFW Communications  LLC dba
       Almega Cable, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of twenty  thousand dollars ($20,000) for
       violations of Sections 11.35(a), 17.4(g), 17.48, and 17.51(a)  of the
       Rules.

   15. 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, KFW Communications LLC
       dba Almega Cable, Inc. SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

   16. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the Account Number and FRN Number
       referenced above. Payment by check or money order may be mailed to
       Federal Communications Commission, P.O. Box 979088, St. Louis, MO
       63197-9000. Payment by overnight mail may be sent to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. Payment by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.8   If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov. If payment is made, KFW will send electronic
       notification on the date said payment is made to 
       SCR-Response@fcc.gov.

   17. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Houston Office,
       9597 Jones Road #362,  Houston, Texas, 77065 and must include the
       NAL/Acct. No. referenced in the caption.

   18. 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.

   19. 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 KFW Communications  LLC dba Almega
       Cable, Inc.  at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Lee R. Browning

   Resident Agent

   Houston Office

   South Central Region

   Enforcement Bureau

   KFW sold the cable system in Yorktown effective January 1, 2010. KFW,
   however, still owns other cable systems in Texas.

   47 C.F.R. S:S: 11.35(a), 17.48, and 17.51(a).

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

   Local sunset time was 7:00 PM-CDT.

   The inspecting agent had a NOTAM issued at this time.

   Local sunset time was 7:00 PM-CDT.

   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 C.F.R. S:S: 11.11 and 11.41.

   47 C.F.R. S:S: 11.1 and 11.21.

   47 C.F.R. S: 11.18.  State EAS plans contain guidelines that must be
   followed by broadcast and cable personnel, emergency officials and
   National Weather Service personnel to activate the EAS for state and local
   emergency alerts.  The state plans include the EAS header codes and
   messages to be transmitted by the primary state, local and relay EAS
   sources.

   47 C.F.R. S: 17.47.

   47 C.F.R. S: 17.48(a).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   American Towers Corporation, Notice of Apparent Liability, 16 FCC Rcd 1282
   (2001).

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 11.35(a),
   17.4(g), 17.48, and 17.51(a).

   8 See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       5

   Federal Communications Commission