*Pages 1--2 from Microsoft Word - 23643.doc* Federal Communications Commission DA 02- 3404 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- 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). 1 Federal Communications Commission DA 02- 3404 2 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 7 See 47 C. F. R. § 1.1914. 2