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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
     In the Matter of                       )                                
                                                                             
     Cox Communications, Inc.               )   File No.: EB-11-NF-0100      
                                                                             
     Owner of Antenna Structure No.         )   NAL/Acct. No.: 201232640001  
     1047860                                                                 
                                            )   FRN No.: 0001834696          
     Atlanta, Georgia                                                        
                                            )                                
                                                                             
                                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: September 27, 2012 Released: September 27, 2012

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
       that Cox Communications, Inc. (Cox), owner of antenna structure number
       1047860 (the Antenna Structure), in Portsmouth, Virginia, apparently
       willfully and repeatedly violated Section 303(q) of the Communications
       Act of 1934, as amended (Act) and Sections 17.47 and 17.51(b) of the
       Commission's rules (Rules) by failing to: (1) maintain a functioning
       automatic alarm system, and (2) exhibit required daytime medium
       intensity obstruction lighting. We conclude that Cox is apparently
       liable for a forfeiture in the amount of twenty  thousand dollars
       ($20,000).

   II. BACKGROUND

    2. The Antenna Structure is 94.6 meters in overall height above ground
       level and is required to be painted and lighted. Specifically, the
       Antenna Structure is required to have dual lighting, i.e., red lights
       at nighttime and medium intensity flashing white lights during the
       daytime and at twilight.

    3. On October 24, 2011, an agent from the Enforcement Bureau's Norfolk
       Office (Norfolk Office) observed that the Antenna Structure was
       unpainted and unlit during daytime hours. The agent contacted the
       Federal Aviation Administration (FAA) and learned that no Notice to
       Airmen (NOTAM) had been issued for the Antenna Structure. On October
       28, 2011, the agent contacted Cox's local representative, who stated
       to the agent that he was unaware of the outage. The Cox representative
       also stated that he would investigate the situation.

    4. On October 30 and 31, 2011, and again on November 1, 2011, an agent
       from the Norfolk Office observed that the Antenna Structure was still
       unpainted and unlit during daytime hours. On November 1, 2011, Cox
       admitted that the Antenna Structure's daytime lights were extinguished
       and stated that it had notified the FAA of the outage that day.

    5. On February 24, 2012, the Norfolk Office issued a letter of inquiry
       (LOI) to Cox regarding the lighting outage on the Antenna Structure.
       Cox filed its response to the LOI on March 28, 2012. In its LOI
       Response, Cox states that it first learned of the light outage on its
       Antenna Structure from the FCC agent. Cox also states that the lights
       were repaired as of November 9, 2011. Cox further states that it
       employs an automatic light monitoring system for the Antenna
       Structure, but due to a "previously unknown anomaly," the system
       failed to report the outage. In particular, Cox claims that "[i]n
       conducting its investigation into the Bureau's inquiries, however, Cox
       discovered that following the installation and initial successful test
       of the [automatic light monitoring system for the Antenna Structure]
       on March 24, 2010, several quarterly lighting inspections (QLI) were
       not performed pursuant to Cox's standard policies and procedures. Cox
       first became aware of a potential problem when it re-examined [its
       system] and observed that the four lighting outage dates referenced in
       the Bureau's February 24, 2012 inquiry had no corresponding alarms or
       NOTAMs in the automatic Monitoring System." Finally, Cox claims that
       it "immediately corrected [the light outages], commenced QLI for the
       Tower, and confirmed correct lighting and monitoring system
       configuration, notification, and operation."

   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. Section 312(f)(1) of the Act defines "willful" as the
       "conscious and deliberate commission or omission of [any] act,
       irrespective of any intent to violate" the law. The legislative
       history to Section 312(f)(1) of the Act clarifies that this definition
       of willful applies to both Sections 312 and 503(b) of the Act, and the
       Commission has so interpreted the term in the Section 503(b) context. 
       The Commission may also assess a forfeiture for violations that are
       merely repeated, and not willful.  The term "repeated" means the
       commission or omission of such act more than once or for more than one
       day. 

     A. Failure to Exhibit Required Obstruction Lighting and Failure to
        Properly Maintain Automatic Alarm System

    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 17.47(a) of the Rules requires antenna
       structure owners to observe the lights on antenna structures visually
       once every 24 hours or alternatively to install and properly maintain
       an automatic alarm system designed to detect any failure of such
       lights and to provide indication of such failure to the owner. Section
       17.47(b) of the Rules also requires owners employing automatic alarm
       systems to "inspect at intervals not to exceed 3 months . . . all . .
       . alarm systems associated with the antenna structure lighting to
       insure that such apparatus is functioning properly." Section 17.51(b)
       of the Rules requires all high intensity and medium intensity
       obstruction lighting to be exhibited continuously unless otherwise
       specified.

    8. The Antenna Structure is 94.6 meters above ground in overall height
       and is required to be lighted continuously with medium intensity
       flashing white lights during the daytime and at twilight. On October
       24, October 30, October 31, and November 1, 2011, an agent from the
       Norfolk Office observed that the Antenna Structure was not lighted
       during daylight hours. As discussed above, Cox admitted that the
       medium intensity flashing white lights were extinguished during the
       day and that the lights were repaired on November 9, 2011. Cox also
       acknowledged that its automatic alarm system failed to monitor the
       lighting on the Antenna Structure, due in part to the system's
       improper installation. In addition, Cox failed to inspect its alarm
       system every three months as required. Therefore, based on the
       evidence before us, we find that Cox  apparently willfully and
       repeatedly violated Section 303(q) of the Act and Sections 17.47 and
       17.51(b) of the Rules by failing to maintain a properly functioning
       automatic alarm system and failing to exhibit required daytime medium
       intensity obstruction lighting on the Antenna Structure.

     A. Proposed Forfeiture Amount

    9. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for failing to comply
       with prescribed lighting and marking 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, any history of prior offenses, ability to pay, and other
       such matters as justice may require. Because of Cox's ability to
       pay,and to serve as an effective deterrent (not simply a cost of doing
       business), a forfeiture above the base forfeiture amount is necessary
       and appropriate. Applying the Forfeiture Policy Statement, Section
       1.80 of the Rules, and the statutory factors to the instant case, we
       conclude that Cox is apparently liable for a total forfeiture in the
       amount of $20,000.

   IV. ORDERING CLAUSES

   10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.204,
       0.311, 0.314 and 1.80 of the Commission's rules, Cox Communications,
       Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
       in the amount of twenty  thousand dollars ($20,000) for violations of
       Section 303(q) of the Communications Act, and Sections 17.47 and
       17.51(b) of the Commission's rules.

   11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty (30) calendar days of the release
       date of this Notice of Apparent Liability for Forfeiture, Cox
       Communications, Inc., 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,
       wire transfer, or credit card, and must include the NAL/Account number
       and FRN referenced above. Cox Communications, Inc. shall also send
       electronic notification on the date said payment is made to
       SCR-Response@fcc.gov. Regardless of the form of payment, a completed
       FCC Form 159 (Remittance Advice) must be submitted. When completing
       the FCC Form 159, enter the Account Number in block number 23A (call
       sign/other ID) and enter the letters "FORF" in block number 24A
       (payment type code).   Below are additional instructions you should
       follow based on the form of payment you select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. 

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated. 

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. 

   13. Any request for full payment under an installment plan should be sent
       to:  Chief Financial Officer-Financial Operations, Federal
       Communications Commission, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.  If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk by
       phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.

   14. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       Sections 1.16 and 1.80(f)(3) of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, South
       Central Region, Norfolk Office, 1457 Mount Pleasant Rd, Suite 113,
       Chesapeake, Virginia 23322 and include the NAL/Acct. No. referenced in
       the caption. Cox Communications, Inc. also shall e-mail the written
       response to SCR-Response@fcc.gov.

   15. 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.

   16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by both Certified Mail, Return Receipt
       Requested, and First Class Mail, to Cox Communications, Inc., at 1400
       Lake Hearn Ave., Atlanta, Georgia 30319, and to its counsel, Gary
       Lutzker, Dow Lohnes PLLC, 1200 New Hampshire Ave, NW, Suite 800,
       Washington, DC 20036-6802.

   FEDERAL COMMUNICATIONS COMMISSION

   Luther Bolden

   Resident Agent

   Norfolk Office

   South Central Region

   Enforcement Bureau

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

   47 C.F.R. S:S: 17.47, 17.51(b).

   See Antenna Structure Registration database for antenna structure number
   1047860. See also 47 C.F.R. S: 17.21 (requiring antenna structures more
   than 60.96 meters in height above ground to be painted and lighted).

   See 47 C.F.R. S: 17.48 (requiring tower owners to notify the FAA
   immediately of any known outages of tower lighting lasting more than 30
   minutes). The agent informed the FAA of the lighting outage and the FAA
   issued a NOTAM for the Antenna Structure on October 24, 2011.

   Email from David Belcher, Cox Communications, to Luther Bolden, Resident
   Agent, Norfolk Office, South Central Region, Enforcement Bureau (dated
   Nov. 1, 2011, 5:17 P.M. E.S.T.).

   Letter from Luther Bolden, Resident Agent, Norfolk Office, South Central
   Region, Enforcement Bureau, to Charles Henderson, Cox Communications, Inc.
   (dated Feb. 24, 2012) (on file in EB-11-0100).

   Letter from Gary S. Lutzker, Counsel for Cox Communications, Inc., to
   Luther Bolden, Resident Agent, Norfolk Office, South Central Region,
   Enforcement Bureau, at 2 (dated Mar. 28, 2012) (LOI Response) (on file in
   EB-11-0100).

   Id. at 2.

   Id. at 7.

   Id. at 1.

   Id. at 6.

   Id.

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

   47 U.S.C. S: 312(f)(1).

   H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in Section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the act
   (e.g., Section 503) . . . . As defined[,] . . . `willful' means that the
   licensee knew that he was doing the act in question, regardless of whether
   there was an intent to violate the law. `Repeated' means more than once,
   or where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   Sections 312 and 503, and are consistent with the Commission's application
   of those terms . . . .").

   See, e.g., Application for Review of Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recons. denied,
   7 FCC Rcd 3454 (1992).

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 10 (2001) (Callais
   Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   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." See Callais Cablevision, Inc., 16 FCC Rcd  at
   1362.

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

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

   47 C.F.R. S: 17.47(b).

   47 C.F.R. S: 17.51(b).

   See Antenna Structure Registration database for antenna structure number
   1047860.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

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

   In 2011, Cox Communications, Inc. reported $9.4 billion in annual
   revenues. Cox Communications, Inc.'s parent company, Consolidated Cox
   Enterprises, Inc. reported $14,7 billion in revenues for 2011. See
   http://www.coxenterprises.com/about-cox/annual-review/revenues.aspx#.UB_LTPZlTpc
   (last visited Aug. 6, 2012).

   See Forfeiture Policy Statement, 12 FCC Rcd at 17099-100, para. 24
   (stating need to take into account a violator's ability to pay in
   determining the amount of a forfeiture to guarantee that forfeitures
   issued against large or highly profitable entities are not considered
   merely an affordable cost of doing business). See also Tesla Exploration,
   Inc., Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 9808, 9811,
   para. 10 (2012) (finding that it was appropriate to consider Tesla
   Exploration, Ltd.'s total annual revenues as a basis for upwardly
   adjusting the base forfeiture amount). It is well-established Commission
   policy to consider the revenues of a violator's parent company. See, e.g.,
   SM Radio, Inc., Order on Review, 23 FCC Rcd 2429, 2433, para. 12 (2008)
   (citations omitted).

   47 U.S.C. S:S: 303(q), 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
   1.80, 17.47, 17.51(b).

   An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

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

   47 C.F.R. S:S: 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 12-1538

                                       3

   Federal Communications Commission DA 12-1538