Federal Communications Commission DA 10-633 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of KFW Communications LLC dba Almega Cable Inc. Former Owner of Cable Television System Yorktown, Texas Physical System ID # 007761 Former Owner of Antenna Structure # 1045666 ) ) ) ) ) ) ) ) ) ) File No. EB-09-HU-0077 NAL/Acct. No. 201032540003 FRN 0018266676 FORFEITURE ORDER Adopted: April 14, 2010 Released: April 16, 2010 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) to KFW Communications LLC dba Almega Cable Inc. (“KFW”), former owner of cable television system and owner of antenna structure number 1045666, in Yorktown, Texas,1 for willful and repeated violations of Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Commission’s Rules (“Rules”).2 The noted violations involve KFW’s failure to install operational Emergency Alert System (“EAS”) equipment, failure to display the Antenna Structure Registration (“ASR”) number in a conspicuous place so that it is readily visible near the base of the antenna structure, failure to notify the Federal Aviation Administration (“FAA”) immediately of a lighting outage, and failure to exhibit all red obstruction lighting from sunset to sunrise. 2. On February 4, 2010, the Commission’s Houston Office of the Enforcement Bureau (“Houston Office”) issued a Notice of Apparent Liability for Forfeiture (“NAL”) in the amount of $20,000 to KFW.3 KFW 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,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission’s Rules,5 KFW Communications LLC dba Almega Cable Inc. IS LIABLE FOR A 1 KFW sold the cable system in Yorktown effective January 1, 2010. KFW, however, still owns other cable systems in Texas. 2 47 C.F.R. §§ 11.35(a), 17.4(g), 17.48, and 17.51(a). 3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 201032540003 (Enf. Bur., Houston Office, released February 4, 2010). 4 47 U.S.C. § 503(b). 5 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4), 11.35(a), 17.4(g),17.48, 17.51(a). Federal Communications Commission DA 10-633 2 MONETARY FORFEITURE in the amount of $20,000 for violations of Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Rules.6 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules 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.7 Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Account Number and FRN Number referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payments by wire transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted. FCC Form 159 may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf. When completing the FCC Form 159, enter the NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A (payment type code). Requests for full payment under an installment plan should be sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 20554. Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions regarding payment procedures. KFW will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to KFW Communications LLC dba Almega Cable Inc. at its address of record. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 6 47 U.S.C. § 301. 7 47 U.S.C. § 504(a).