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

In the Matter of                        )
                              )         
Deans Cablevision, Inc.                 )         File  No.:  EB-
02-KC-393
Owner of Antenna Structure Registration             )                        
Number 1223423 at Conception Junction,  )         NAL/Acct.   No. 
200232560010
Missouri                      )
Lamoni, Iowa                       )         FRN 0006-1494-96
                         
                  MEMORANDUM OPINION AND ORDER

     Adopted:  November 4, 2003         Released:   November   6, 
2003 

By the Chief, Enforcement Bureau:

                         I. INTRODUCTION

     1.   In this Memorandum  Opinion and  Order (``Order''),  we 
deny the petition for reconsideration filed on January 10,  2003, 
by  Deans  Cablevision,  Inc.  (``Deans  Cablevision'').    Deans 
Cablevision seeks reconsideration  of the  Forfeiture Order,1  in 
which the Chief, Enforcement Bureau (``Bureau''), found it liable 
for a monetary forfeiture  in the amount  of $10,000 for  willful 
violation  of   Section   17.50   of   the   Commission's   Rules 
(``Rules'').2  The noted violation involves the failure to  clean 
or repaint  the  antenna  structure  as  often  as  necessary  to 
maintain good visibility.   For the reasons  discussed below,  we 
affirm the monetary forfeiture in the amount of $10,000.

                         II. BACKGROUND

     2.   Deans Cablevision is the owner of an antenna  structure 
with Antenna  Structure  Registration  (``ASR'')  number  1223423 
located in Conception  Junction, Missouri.  On  May 30, 2002,  an 
agent from the  Commission's Kansas City,  Missouri Field  Office 
(``Kansas City  Office'') inspected  that antenna  structure  and 
observed that the  antenna structure's  bands of  paint were  not 
clearly visible because of faded and rusted paint.

     3.   As a result of  the agent's investigation the  District 
Director of the Kansas  City Office issued  a Notice of  Apparent 
Liability for  Forfeiture  (``NAL'') on  June  26, 2002,  in  the 
amount of $10,000.3  Deans Cablevision did not file a response to 
the NAL.  On December  12, 2002, the  Bureau issued a  Forfeiture 
Order affirming  the  forfeiture  proposed  by  the  NAL.   Deans 
Cablevision  filed  a   petition  for   reconsideration  of   the 
Forfeiture Order on January 10, 2003.

     4.   In its petition for reconsideration, Deans  Cablevision 
does not  deny the  violation but  requests cancellation  of  the 
forfeiture on the  basis of  its inability to  pay.  As  support, 
Deans Cablevision provides copies of its balance sheet as of June 
30, 2002, its income  statement for the  six month period  ending 
June 30, 2002 and its federal  income tax returns for 1999,  2000 
and 2001.



                        III.  DISCUSSION

     5.   Section 17.50 of the Rules provides that antenna 
structures requiring painting shall be cleaned or repainted as 
often as necessary to maintain good visibility.  We conclude on 
the basis of the agent's investigation that Deans Cablevision 
willfully violated Section 17.50.

     6.   We have reviewed the financial information provided  by 
Deans Cablevision to support its claim of inability to pay and we 
find that this information does not provide a basis for reduction 
or cancellation of the forfeiture  as the forfeiture amount is  a 
small  percentage   of  Deans   Cablevision's  gross   revenues.4  
However, as explicitly  stated in  the Forfeiture  Order and  set 
forth below,  Deans Cablevision  may submit  a request  for  full 
payment of the forfeiture under an installment plan.5

                         IV. ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
405 of the Communications Act of 1934, as amended (``Act''),6 and 
Section 1.106  of the  Rules,7 Deans  Cablevision's petition  for 
reconsideration of  the December  12, 2002,  Forfeiture Order  IS 
DENIED and the issuance of the $10,000 forfeiture IS AFFIRMED.

     8.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Rules 8 within 30 days of the 
release of this Order.  If the forfeiture is not paid within  the 
period specified, the case may  be referred to the Department  of 
Justice for collection  pursuant to Section  504(a) of the  Act.9  
Payment shall be made by  mailing a check or similar  instrument, 
payable  to   the   order   of   the   ``Federal   Communications 
Commission,'' to the Federal Communications Commission, P.O.  Box 
73482, Chicago,  Illinois 60673-7482.   The payment  should  note 
NAL/Acct. No. 200232560010, and  FRN 0006-1494-96.  Requests  for 
full payment under an installment plan should be sent to:  Chief, 
Revenue and Receivables Operations Group, 445 12th Street,  S.W., 
Washington, D.C. 20554.10







      9.       IT IS  FURTHER ORDERED  THAT this  Order shall  be 
sent by  regular  mail  and by  certified  mail,  return  receipt 
requested, to Deans Cablevision, Inc., 115 South Linden,  Lamoni, 
Iowa 50140. 

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

     1 17 FCC Rcd 24800 (Enf. Bur. 2002).

     2  47 C.F.R. § 17.50. 

     3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
     200232560010 (Enf. Bur., Kansas  City Office, released  June 
     26, 2002).

     4 See PJB Communications of Virginia, Inc., 7 FCC Rcd  2088, 
2089  (1991)   (forfeiture  not   deemed   excessive   where   it 
represented approximately 2.02  percent of  the violator's  gross 
revenues);  Hoosier Broadcasting  Corporation, 15  FCC Rcd  8640, 
8641 (Enf. Bur. 2002) (forfeiture  not deemed excessive where  it 
represented approximately  7.6 percent  of the  violator's  gross 
revenues); Afton  Communications Corporation.,  7 FCC  Rcd  6741, 
6742 (Com. Car. Bur. 1992) (forfeiture not deemed excessive where 
it represented approximately 3.9 percent of the violator's  gross 
revenues).

     5 17 FCC Rcd at 24801.

     6 47 U.S.C. § 405.

     7 47 C.F.R. § 1.106.

     8 47 C.F.R. § 1.80.

     9 47 U.S.C. § 504(a).

     10 See 47 C.F.R. § 1.1914.