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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 Number EB-09-HU-0078   
                                                                            
     Owner of Cable Television System       )   NAL/Acct. No. 201032540004  
                                                                            
     Bloomington, Texas                     )   FRN 0018266676              
                                                                            
     Physical System ID # 007763            )                               
                                                                            
     Owner of Antenna Structure # 1041490   )                               


                  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"), owner of
       the cable television system and antenna structure number 1041490 in
       Bloomington, Texas apparently willfully and repeatedly violated
       Sections 11.35(a), 17.48, and 17.51(a)  of the Commission's Rules
       ("Rules") by failing to install operational Emergency Alert System
       ("EAS") equipment, 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 eighteen  thousand dollars ($18,000).

   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 1041490 in Bloomington, Texas. According to the registration
       for antenna structure number 1041490, the antenna structure is to
       display red obstruction lighting from sunset to sunrise. The agent
       observed at 7:25 PM-CDT that none of the red obstruction lighting for
       antenna structure number 1041490 was 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 1041490.

    3. On October 5, 2009, an agent with the Houston Office inspected antenna
       structure number 1041490. The agent observed at 7:30 PM-CDT that none
       of the red obstruction lighting for antenna structure number 1041490
       was operational after sunset. On the same day, the agent also
       inspected the headend for the KFW cable system in Bloomington, 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 1041490 having any recent
       obstruction light outages. He also stated that, to his knowledge, KFW
       was not monitoring antenna structure number 1041490 visually once
       every 24 hours or by an automated monitoring system.

    5. On October 7, 2009, an agent with the Houston Office inspected the KFW
       cable television system headend in Bloomington, Texas. The inspection
       was conducted with two KFW technicians. 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 1041490. 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 1041490 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 1041490. The technicians were not able to provide any
       logs for the obstruction lighting. The inspection revealed EAS
       equipment was not installed at the headend for the KFW cable system in
       Bloomington, Texas. The technicians were unaware of operational EAS
       equipment being installed at the Bloomington 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 Bloomington,
       Texas. KFW was not able to provide any evidence that EAS tests were
       conducted between the time KFW purchased the Bloomington, 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 Bloomington, 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 and 7, 2009, an agent from the Houston
       Office inspected the headend of the cable system in Bloomington, Texas
       and observed that there was no EAS equipment installed at the head end
       on either day. On October 7, 2009, KFW technicians admitted that no
       EAS equipment was installed at the headend for the KFW system in
       Bloomington, Texas and that they were unaware of any operational EAS
       equipment being installed at the Bloomington, 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 Bloomington, 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, KFW still had not
       installed EAS equipment at the headend in Bloomington, Texas.

   10. 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
       none of the red obstruction lighting on antenna structure number
       1041490 was 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 1041490 and reporting the outage to
       the FAA.

   11. Based on the evidence before us, we find that KFW apparently willfully
       and repeatedly violated Sections 11.35(a), 17.48, and 17.51(a)  of the
       Rules by failing to ensure that EAS equipment was installed and
       operational, failing to report an outage to the FAA, and failing to
       exhibit all red obstruction lighting from sunset to sunrise.

   12. 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. 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 an $18,000 forfeiture.

   IV. ORDERING CLAUSES

   13. 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 eighteen  thousand dollars ($18,000) for
       violations of Sections 11.35(a), 17.48, and 17.51(a)  of the Rules.

   14. 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.

   15. 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.

   16. 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.

   17. 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.

   18. 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

   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.

   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)
   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