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.