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


In the Matter of                  )
                                 )
William  L. Needham  and Lucille  )   File No. EB-02-KC-198
Needham                           )   NAL/Acct. No. 200232560008
Owners of  Antenna Structure No.  )   FRN: 0007-1278-06
1064409
Osage Beach, Missouri


                MEMORANDUM OPINION AND ORDER

Adopted:  May 5, 2004                   Released:    May  7, 
2004

By the Chief:  Enforcement Bureau

     1.   By this Memorandum  Opinion and Order (``Order''), 
we   grant,  to   the   extent  noted,   the  petition   for 
reconsideration of the Forfeiture Order1 filed by William L. 
Needham and  Lucille Needham  (the ``Needhams''),  owners of 
Antenna Structure No. 1064409, Osage Beach, Missouri.2   The 
Forfeiture Order imposed a monetary forfeiture in the amount 
of ten  thousand dollars ($10,000) against  the Needhams for 
willful violation  of the  painting requirements  of Section 
17.50 of the Commission's Rules (``Rules'').  

     2.   In   their  petition   for  reconsideration,   the 
Needhams represent that  they are ``both over 70  and do not 
work'' and  that their ``income  has been below  the poverty 
level for several years.''3  They  claim that payment of the 
forfeiture would constitute an ``[un]reasonable levy.''4  In 
support  of this  claim,  the Needhams  provide federal  tax 
returns for 2000, 2001 and 2002.

     3.   After  reviewing the  Needham's  inability to  pay 
claim  and supporting  documentation, we  conclude that  the 
assessed $10,000 forfeiture would pose a financial hardship.  
We therefore conclude that cancellation of the forfeiture is 
warranted based on the Needham's inability to pay.5  

     4.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Sections 405, 503(b)(2)(d) and  504(b) of the Communications 
Act of 1934,  as amended, and Sections 1.80(i)  and 1.106 of 
the  Rules, the  Needham's petition  for reconsideration  IS 
GRANTED TO THE EXTENT NOTED HEREIN. 

     5.   IT IS  FURTHER ORDERED that  a copy of  this Order 
shall  be sent  by  First Class  and  Certified Mail  Return 
Receipt Requested  to William  L. and Lucille  Needham, 1090 
Bluff Drive, Osage Beach, Missouri 65065.

                              FEDERAL         COMMUNICATIONS 
                              COMMISSION



                              David H. Solomon
                              Chief, Enforcement Bureau









_________________________

1  William L. Needham and  Lucille Needham, 18 FCC Rcd 5221 
(Enf. Bur. 2003).  

2  See  Petition  for  Reconsideration   (April  21,  2003) 
(``Petition'').

3  Id. at  2.  Given  our disposition  herein, we  need not 
address the petitioners' other arguments.  

4 Id.

5 See,  e.g., Thomas  A. Brothers, 17  FCC Rcd  26125 (Enf. 
Bur. 2002);  Jeffrey Alan Pettrey,  16 FCC Rcd  22088 (Enf. 
Bur. 2001).