Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

SCI Cable, Inc.

Download Options

Released: March 13, 2014

Federal Communications Commission

DA 14-338

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
SCI Cable, Inc.
)
File No.: EB-11-KC-0007
Former Owner of Cable Television Systems
)
NAL/Acct.No.: 201132560007
Perry, Kansas and Lecompton, Kansas
)
PSID No.: 008262
)
Pottawatomie, Kansas )
File No.: EB-11-KC-0008


)
NAL/Acct. No.: 201132560008
)
PSID No.: 014095
)
Meriden, Kansas and Jefferson, Kansas
)
File No.: EB-10-KC-0094
)
NAL/Acct. No.: 201132560006
)
PSID Nos.: 004113, 014096
)
)
FRN: 0020384889
)

ORDER

Adopted: March 13, 2014

Released: March 13, 2014

By the Regional Director, South Central Region, Enforcement Bureau:
1.
In this Order, which follows upon Notices of Apparent Liability for Forfeiture and Orders
(NALs) issued by the Enforcement Bureau’s Kansas City Office on September 14, 2011,1 we determine
that no forfeiture penalties should be imposed on SCI Cable, Inc. (SCI).
2.
In the NALs, we found SCI, former owner of cable systems in Perry, Lecompton,
Pottawatomie, Meriden, and Jefferson, Kansas, apparently liable for forfeitures totaling $39,000 for
violations of Sections 11.35 and 76.1803 of the Commission’s rules (Rules).2 Specifically, SCI failed to
(1) install and maintain operational Emergency Alert System (EAS) equipment at each of its cable
systems, and (2) file required Annual Basic Signal Leakage Performance Reports (FCC Form 320s) for
each of its cable systems that operated on aeronautical frequencies. Consistent with Section 503(b)(4) of
the Communications Act of 1934, as amended (Act),3 SCI was granted an opportunity to show, in writing,
why no such forfeiture should be imposed.


1 SCI Cable, Inc., Notice of Apparent Liability for Forfeiture and Order, 26 FCC Rcd 12927 (Enf. Bur. 2011)
(NAL/Acct. No. 201132560008 for PSID Nos. 014095 (Pottawatomie); SCI Cable, Inc., Notice of Apparent
Liability for Forfeiture and Order, 26 FCC Rcd 12921 (Enf. Bur. 2011) (NAL/Acct. No. 201132560007 for PSID
No. 008262 (Perry and Lecompton)); SCI Cable, Inc., Notice of Apparent Liability for Forfeiture and Order, 26
FCC Rcd 12915 (Enf. Bur. 2011) (NAL/Acct. No. 201132560006 for PSID Nos. 004113 (Meriden) and 014096
(Jefferson)).
2 47 C.F.R. §§ 11.35, 76.1803.
3 47 U.S.C. § 503(b)(4).

Federal Communications Commission

DA 14-338

3.
In its Responses,4 SCI asserts that it is unable to pay the proposed forfeitures, because it
is a shell corporation with no assets or revenues, and significant debts. SCI claims that on July 21, 2011,
its creditors “offered all assets of SCI Cable, Inc. at a public sale. Failing to meet a minimum bid, SCI’s
creditors purchased the Corporation’s assets.”5 “On October 18, 2011, after liquidating the assets, [the
creditor] returned the Corporation to [SCI’s President]. It is [SCI’s President’s] understanding that the
Corporation has current liabilities in excess of $2,700,000.00. The Corporation currently has no assets,
no revenue, no income, and is insolvent.”6 Agents from the Kansas City Office confirmed with the
creditors that it currently owns the cable systems in question, and the new owners have brought the
systems into compliance with the rules.
4.
SCI currently owns no cable systems, has no assets or revenues, and, while not
dispositive, has liabilities in excess of $2 million dollars. Accordingly, we conclude that it is unable to
pay the proposed forfeitures7 and decline to pursue a forfeiture in this case.
5.

ACCORDINGLY, IT IS ORDERED

that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the
Commission’s rules, the proposed forfeitures issued to SCI Cable, Inc., in the above captioned
proceedings

WILL NOT BE IMPOSED

.8
6.

IT IS FURTHER ORDERED

that a copy of this Order shall be sent by both First Class
Mail and Certified Mail, Return Receipt Requested, to SCI Cable, Inc. at its address of record and to its
counsel, Michael Clutter, Clutter & Aadalen, LLP, 2201 SW 29th St. Ste. 100, Topeka, KS 66611.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director
South Central Region
Enforcement Bureau


4 Letter from Kirk Keberlein, President, SCI Cable, Inc., to Ronald D. Ramage, District Director, Kansas City Office
(November 20, 2011) (on file in EB-10-KC-0094); Letter from Kirk Keberlein, President, SCI Cable, Inc., to Ronald
D. Ramage, District Director, Kansas City Office (December 7, 2011) (on file in EB-10-KC-0094); Letter from
Michael Clutter, Attorney for SCI Cable, Inc., to Kansas City Office (March 2, 2012) (on file in EB-10-KC-0094);
Sworn Statement from Kirk Keberlein, President, SCI Cable, Inc., to Diane Law-Hsu, Regional Counsel, South
Central Region (March 27, 2012) (on file in EB-10-KC-0094).
5 Sworn Statement from Kirk Keberlein, President, SCI Cable, Inc., to Diane Law-Hsu, Regional Counsel, South
Central Region (Mar. 27, 2012) (on file in EB-10-KC-0094). See also Transfer Pursuant to Article 9 of the Uniform
Commercial Code (July 21, 2011) (on file in EB-KC-0094). Because the secured creditor purchased SCI’s assets,
and not its liabilities, we cannot hold the purchaser liable for the proposed forfeiture.
6 Id.
7 See Spirit of Alaska Broadcasting, Inc., Order 26 FCC Rcd 10418 (Enf. Bur. 2011) (forfeiture not imposed because
of licensee’s good faith compliance measures and because control of licensee involuntarily transferred to a court-
appointed receiver); Capital Telecommunications, Inc., Order, 25 FCC Rcd 13512 (Enf. Bur. 2010) (forfeiture not
imposed because company filed for bankruptcy protection and was no longer active).
8 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.204, 0.311, 0.314, 1.80(f)(4).
2

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.