Before the

Federal Communications Commission

Washington, D.C. 20554

**In the Matter of** )

> )
>
> ) File No. EB-01-DT-467

Parnassos, L. P. ) FRN. 0004-1123-22

Coudersport, Pennsylvania ) NAL/Acct. No. 200232360002

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Released: December 18, 2001**

By the District Director, Detroit Office, Enforcement Bureau:

I. INTRODUCTION

1\. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Parnassos, L. P. ("Parnassos") has apparently violated Section
17.4(a) of the Commission's Rules[^1] (the "Rules"). This section
requires that antenna structure owners register their antenna structure.
We conclude that Parnassos is apparently liable for a forfeiture in the
amount of three thousand dollars (\$3,000).

II\. BACKGROUND

2\. The Commission's obstruction marking and lighting of antenna
structures and registration requirements operate in concert with the
Federal Aviation Administration's ("FAA") regulations to ensure that
antenna structures do not present hazards to air navigation. Generally,
our rules require that antenna structures located close to airports or
that are greater than 200 feet in height comply with painting and
lighting specifications to ensure air safety. We require antenna
structure owners to register structures with the Commission and post
registration numbers near the base of structures to allow for easy
contact if problems arise. The Rules require registration for all
antenna structures that may pose a hazard to air navigation and have
been in effect since July 1, 1998. We have repeatedly advised antenna
structure owners that all existing, unregistered antenna structures
subject to our Rules must be registered immediately or the owners could
face a monetary forfeiture or other enforcement action.[^2]

3\. On July 31, 2001, the Detroit Office was informed by the Technical &
Public Safety Division of the Commission's Enforcement Bureau that the
antenna structure located at 178 ½ East Underridge Road, Conneaut, Ohio
may not be registered with the Commission. The information received
indicated that in March of 2000, the Commission had dismissed an
application for registration submitted by Parnassos. Subsequently, on
August 6, 2001, an agent from the Detroit Office determined that no
other applications for registration had been filed and that the antenna
structure had not been registered with the Commission.

4\. On August 7, 2001, the Detroit District Director issued a Notice of
Violation ("NOV") to Parnassos, 1 North Main Street, Coudersport,
Pennsylvania for failure to register its antenna structure with the
Commission. Parnassos is a wholly owned subsidiary of Adelphia
Corporation ("Adelphia").

5\. On August 23, 2001, the Detroit Office received a facsimile reply
from Adelphia's legal department to the NOV issued August 7, 2001.
Adelphia stated in their reply that they had failed to register the
antenna structure, but planned to register it in the near future.

6\. On August 31, 2001, the Detroit Office received via Federal Express
a signed reply from Adelphia's legal department to the NOV issued August
7, 2001. The reply was identical to Adelphia's facsimile reply of August
23, 2001. Checks made on September 20, 2001 revealed that Parnassos had
still failed to register their tower.

III\. DISCUSSION

7\. Based on the evidence before us, we find that Parnassos has
willfully[^3] and repeatedly[^4] violated Section 17.4(a) of the Rules
by failing to register their antenna structure. *The Commission's
Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules
to Incorporate the Forfeiture Guidelines*, 12 FCC Rcd 17087, 17113
(1997), *recon. denied*, 15 FCC Rcd 303(1999) ("*Forfeiture Policy
Statement*")[^5], sets the base forfeiture amount at three thousand
dollars (\$3,000) for failure to register the antenna structure. In
assessing the monetary forfeiture amount, we must take into account the
statutory factors set forth in Section 503(b)(2)(D) of the
Communications Act of 1934 ("Act"), as amended,[^6] which include the
nature, circumstances, extent, and gravity of the violation, and with
respect to the violator, the degree of culpability, any history of prior
offenses, ability to pay, and other such matters as justice may require.
Applying the Policy Statement and the statutory factors to the instant
case and applying the inflation adjustments, we find no compelling
evidence to support any adjustments to the base forfeiture amounts and
we believe that a three thousand dollar (\$3,000) monetary forfeiture is
warranted.

IV\. ORDERING CLAUSE

8\. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
Act and Sections 0.111, 0.311 and 1.80 of the Rules[^7], Parnassos, L.P.
is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of three dollars (\$3,000) for willfully and repeatedly violating
Section 17.4(a) of the Rules.

9\. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
within thirty days of the release date of this NOTICE OF APPARENT
LIABILITY Parnassos, L.P. SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.

10\. Payment of the forfeiture may be made by mailing a check or similar
instrument, payable to the order of the Federal Communications
Commission, to the Forfeiture Collection Section, Finance Branch,
Federal Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. The payment should note the NAL/Acct. No. 200232360002.

11\. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Technical and Public Safety Division,
445 12th Street, S.W., Washington, D.C. 20554 and MUST INCLUDE THE
NAL/Acct. No. 200232360002.

12\. The Commission will not consider reducing or canceling a forfeiture
in response to a claim of inability to pay unless the petitioner
submits: (1) federal tax returns for the most recent three-year period;
(2) financial statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable and objective
documentation that accurately reflects the petitioner's current
financial status. Any claim of inability to pay must specifically
identify the basis for the claim by reference to the financial
documentation submitted.

13\. Requests for payment of the full amount of this Notice of Apparent
Liability under an installment plan should be sent to: Chief, Revenue
and Receivables Operations Group, 445 12th Street, S.W., Washington,
D.C. 20554.[^8]

14\. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT
LIABILITY shall be sent by Certified Mail, Return Receipt Requested, to
Parnassos, L. P., 1 North Main Street, Coudersport, Pennsylvania
16915-1141.

FEDERAL COMMUNICATIONS COMMISSION

James A. Bridgewater

District Director

Detroit Office

[^1]: 47 C.F.R. § 17.4(a).

[^2]: Antenna structure owners were required to register existing
    antenna structures as of July 1, 1998 and to register new antenna
    structures prior to construction. *Streamlining the Commission's
    Antenna Structure Clearance Procedure*, 11 FCC Rcd 4272 (1995).
    Subsequent to the expiration of the filing period, the Commission
    staff issued a Public Notice warning antenna structure owners to
    register any unregistered antenna structures subject to our
    requirements immediately or face possible monetary forfeitures or
    other enforcement action. *Public Notice*, "No-Tolerance Policy
    Adopted For Unregistered Antenna Structures," 1999 WL 10060 (WTB
    1999).

[^3]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to Section 503(b) of the Act, provides that "\[t\]he term 'willful',
    when used with reference to the commission or omission of any act,
    means the conscious and deliberate commission or omission of such
    act, irrespective of any intent to violate any provision of this Act
    ...." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^4]: Section 312(f)(2), which also applies to Section 503(b), provides:
    \[t\]he term "repeated", when used with reference to the commission
    or omission of any act, means the commission or omission of such act
    more than once or, if such commission or omission is continuous, for
    more than one day.

[^5]: ^?^47 C.F.R. § 1.80.

[^6]: 47 U.S.C. § 503(b).

[^7]: 47 C.F.R. §§ 0.111, 0.311, and 1.80.

[^8]: See 47 C.F.R. § 1.1914.