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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
KFW Communications LLC )
dba Almega Cable Inc. )
File No. EB-09-HU-0077
Former Owner of Cable Television )
System NAL/Acct. No. 201032540003
)
Yorktown, Texas FRN 0018266676
)
Physical System ID # 007761
)
Former Owner of Antenna Structure #
1045666 )
)
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, 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"). 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. 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, and Sections 0.111, 0.311 and
1.80(f)(4) of the Commission's Rules, KFW Communications LLC dba Almega
Cable Inc. IS LIABLE FOR A 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.
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. 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
KFW sold the cable system in Yorktown effective January 1, 2010. KFW,
however, still owns other cable systems in Texas.
47 C.F.R. S:S: 11.35(a), 17.4(g), 17.48, and 17.51(a).
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 201032540003
(Enf. Bur., Houston Office, released February 4, 2010).
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 11.35(a), 17.4(g),17.48,
17.51(a).
47 U.S.C. S: 301.
47 U.S.C. S: 504(a).
Federal Communications Commission DA 10-633
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Federal Communications Commission DA 10-633