**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                  | * | File Number EB-03-KC-005      |
|                                   | * |                               |
| The Helicon Group L.P.            | ) | NAL/Acct. No.200332560014     |
|                                   | * |                               |
| Owner of Unregistered Antenna     | * | FRN 0005-0994-60              |
| Structure Located 37° 05' 02"     |   |                               |
| North Latitude and 96° 11' 11"    | * |                               |
| West Longitude, near Sedan,       | * |                               |
| Kansas                            | ) |                               |
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| St. Louis, Missouri               | * |                               |
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+-----------------------------------+---+-------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: April 4, 2003

By the Enforcement Bureau, Kansas City Office:

**I.** **INTRODUCTION**

1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
    The Helicon Group L.P. ("Helicon"), owner of the antenna structure
    located at coordinates 37° 05' 02" North Latitude and 96° 11' 11"
    West Longitude, just south of Sedan, Kansas, apparently liable for a
    forfeiture in the amount of three thousand dollars (\$3,000) for
    willful and repeated violation of Section 17.4(a) of the
    Commission\'s Rules ("Rules").[^1] Specifically, we find Helicon
    apparently liable for failure to register its antenna structure.

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II. **BACKGROUND**

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2.  On January 14, 2003, an agent of the FCC Enforcement Bureau's Kansas
    City Office inspected the antenna structure located at 37° 05' 02"
    North Latitude and 96° 11' 11" West Longitude, near Sedan, Kansas.
    The agent noted that the structure was painted and fitted with red
    lighting, however, there was no evidence of tower registration with
    the Commission. A telephone conversation later in the day with Mr.
    Strain of Helicon confirmed the tower was not registered.

3.  On January 23, 2003, the agent spoke with a representative of
    Helicon who verified that The Helicon Group L.P. owned the antenna
    structure since about January 2000 and that the structure was not
    registered with the Commission. The Federal Aviation Administration
    ("FAA") study for the structure required that the tower be painted
    and lighted since it is over 200 feet tall.

**III**. **DISCUSSION**

III. 

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4.  Section 17.4(a) of the Rules provides that the owner of any proposed
    or existing antenna structure that requires notice of proposed
    construction to the FAA must register the structure with the
    Commission. Helicon's antenna structure required notification to the
    FAA because the structure exceeded 200 feet in height.[^2]
    Therefore, Helicon's antenna structure required Commission
    registration. From at least January 2000 to January 23, 2003, The
    Helicon Group L.P. failed to register its antenna structure with the
    Commission.

5.  Based on the evidence before us, we find The Helicon Group L.P.
    willfully[^3] and repeatedly[^4] violated Section 17.4(a) of the
    Rules by failing to register its antenna structure with the
    Commission from January 2000 until January, 2003.

6.  Pursuant to Section 1.80(b)(4) of the Rules,[^5] the base forfeiture
    amount for failing to register an antenna structure is \$3,000
    (failure to file required forms or information). In assessing the
    monetary forfeiture amount, we must also take into account the
    statutory factors set forth in Section 503(b)(2)(D) of the
    Communications Act of 1934, as amended ("Act"), which include the
    nature, circumstances, extent, and gravity of the violation, 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.[^6] Considering the entire record and applying the
    statutory factors listed above, this case warrants a \$3,000
    forfeiture.

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IV. **ORDERING CLAUSES**

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7.  Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
    Act,[^7] and Sections 0.111, 0.311 and 1.80 of the Rules,[^8] The
    Helicon Group L.P. is hereby NOTIFIED of this APPARENT LIABILITY FOR
    A FORFEITURE in the amount of three thousand dollars (\$3,000) for
    willful and repeated violation of Section 17.4(a) of the Rules for
    failing to register its antenna structure.

8\. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
within thirty days of the release date of this NAL, The Helicon Group
L.P. SHALL PAY the full amount of the proposed forfeiture or SHALL FILE
a written statement seeking reduction or cancellation of the proposed
forfeiture.

9\. Payment of the forfeiture may be made by mailing a check or similar
instrument, payable to the order of the Federal Communications
Commission, to the Forfeiture Collection Section, Finance Branch,
Federal Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. The payment should note the NAL/Acct. No. and FRN referenced
above. Requests for payment of the full amount of this NAL under an
installment plan should be sent to: Chief, Revenue and Receivables
Operations Group, 445 12th Street, S.W., Washington, D.C. 20554.[^9]

10\. The response, if any, must be mailed to Federal Communications
Commission, Office of the Secretary, 445 12^th^ Street SW, Washington DC
20554, Attn: Enforcement Bureau-Technical & Public Safety Division and
MUST INCLUDE THE NAL/Acct. No. referenced above.

11\. 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.

12\. Under the Small Business Paperwork Relief Act of 2002, Pub L. No.
107-198, 116 Stat. 729 (June 28, 2002), the FCC is engaged in a two-year
tracking process regarding the size of entities involved in forfeitures.
If you qualify as a small entity and if you wish to be treated as a
small entity for tracking purposes, please so certify to us within
thirty (30) days of this NAL, either in your response to the NAL or in a
separate filing to be sent to the Technical & Public Safety Division.
Your certification should indicate whether you, including your parent
entity and its subsidiaries, meet one of the definitions set forth in
the list provided by the FCC's Office of Communications Business
Opportunities (OCBO) set forth in Attachment A of this Notice of
Apparent Liability. This information will be used for tracking purposes
only. Your response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to Section 503(b) of
the Communications Act. If you have questions regarding any of the
information contained in Attachment A, please contact OCBO at (202)
418-0990.

13\. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by
regular mail and Certified Mail Return Receipt Requested to The Helicon
Group L.P., 12405 Powerscourt Drive, St. Louis, MO 63131-3674.

FEDERAL COMMUNICATIONS COMMISSION

Robert C. McKinney

###  District Director

###  Kansas City Office

###  Enforcement Bureau

Attachment

[^1]: 47 C.F.R. § 17.4(a).

[^2]: *See* 47 C.F.R. § 17.7(a).

[^3]: Section 312(f)(1) of the Act, 47 U.S.C. § 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 . .
    . ." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387-88
    (1991).

[^4]: The 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 U.S.C. § 312(f)(2).

[^5]: 47 C.F.R. § 1.80(b)(4).

[^6]: 47 U.S.C. § 503(b)(2)(D).

[^7]: 47 U.S.C. § 503(b).

[^8]: 47 C.F.R. §§ 0.111, 0.311, 1.80.

[^9]: *See* 47 C.F.R. § 1.1914.