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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
FORFEITURE ORDER
Adopted: December 10, 2002 Released:
December 12, 2002
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of ten thousand
dollars ($10,000) to Deans Cablevision, Inc. (``Deans
Cablevision''), owner of an antenna structure with
Antenna Structure Registration number 1223423 in
Conception Junction, Missouri, for willful violation
of Section 17.50 of the Commission's Rules
(``Rules'').1 The noted violation involves the
failure to clean or repaint the antenna structure as
often as necessary to maintain good visibility.
2. On June 26, 2002, the District Director of the
Commission's Kansas City, Missouri Field Office (``Kansas City
Office'') issued a Notice of Apparent Liability for Forfeiture
(``NAL'') in the amount of $10,000.2 Deans Cablevision has not
filed a response to the NAL. Based on the information before us,
we affirm the forfeiture.
3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended (``Act''),3
and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's
Rules,4 Deans Cablevision IS LIABLE FOR A MONETARY FORFEITURE in
the amount of $10,000 for willfully violating Section 17.50 of
the Rules.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules 5 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.6
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. 20554.7
5. 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 47 C.F.R. �17.50
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232560010 (Enf. Bur., Kansas City Office, released June
26, 2002).
3 47 U.S.C. � 503(b).
4 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4).
5 47 C.F.R. � 1.80.
6 47 U.S.C. � 504(a).
7 See 47 C.F.R. � 1.1914.