**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number: EB-07-PA-264       |
|                                  |   |                                 |
| Atlantic Broadband (Penn), LLC   | ) | NAL/Acct. No. 2008324000007     |
|                                  |   |                                 |
| Operator of Cable System         | ) | FRN: 0009-59-6883               |
|                                  |   |                                 |
| Clearfield, Pennsylvania         | ) |                                 |
|                                  |   |                                 |
| Community Unit ID \# PA0200      | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE {#notice-of-apparent-liability-for-forfeiture .unnumbered}

> Released: July 7, 2008

By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("*NAL*"), we
    find that Atlantic Broadband (Penn), LLC ("Atlantic Broadband"),
    operator of the cable television system in Clearfield, Pennsylvania,
    apparently willfully and repeatedly violated Section 76.1701(a) of
    the Commission\'s Rules ("Rules")[^1] by failing to retain a
    Political File in the cable system's public inspection file. We
    conclude, pursuant to Section 503(b) of the Communications Act of
    1934, as amended ("Act"),[^2] that Atlantic Broadband is apparently
    liable for a forfeiture in the amount of four thousand dollars
    (\$4,000).

# BACKGROUND

2.  On August 14, 2007, an agent of the Commission's Philadelphia Office
    inspected the public inspection file for Atlantic Broadband's cable
    television system serving the Clearfield, Pennsylvania area. The
    public inspection file was located in Atlantic Broadband's billing
    office at 313 East Cherry Street, Clearfield, Pennsylvania. The
    agent found that the public inspection file did not contain any
    records of requests for cablecast time made by or on behalf of any
    candidate for public office ("Political File") for the previous two
    years.

3.  During the inspection, Atlantic Broadband informed the agent that
    Comcast Spotlight handles the advertising on the cable system and
    that Comcast Spotlight has all of the Political File records in its
    possession. That same day, Atlantic Broadband received a facsimile
    from Comcast Spotlight that included the records for Atlantic
    Broadband's Political File. The records showed that numerous
    requests for cablecast time were made between April 4, 2007 and May
    1, 2007 on behalf of candidates for public office and that Atlantic
    Broadband aired 516 political advertisements between April 17, 2007
    and May 14, 2007. The agreements specified that Comcast Spotlight
    would air political advertisements for these political candidates on
    the Atlantic Broadband cable television system that serves the
    Clearfield, Pennsylvania area. At the time of the inspection, these
    records were not in the cable television system's public inspection
    file.

# DISCUSSION

4.  Section 503(b) of the Act provides that any person who willfully or
    repeatedly fails to comply substantially with the terms and
    conditions of any license, or willfully or repeatedly fails to
    comply with any of the provisions of the Act or of any rule,
    regulation or order issued by the Commission thereunder, shall be
    liable for a forfeiture penalty. The term "willful" as used in
    Section 503(b) of the Act has been interpreted to mean simply that
    the acts or omissions are committed knowingly.[^3] The term
    "repeated" means the commission or omission of such act more than
    once or for more than one day.[^4]

5.  Section 76.1701(a) of the Commission's Rules requires that every
    cable television system keep and permit public inspection of a
    Political File, which must include all requests for cablecast time
    made by or on behalf of a candidate for public office, together with
    an appropriate notation showing the disposition made by the system
    of such requests, and the charges made, if any, if the request is
    granted.[^5] The disposition includes the schedule of time
    purchased, when spots actually aired, the rates charged, and the
    classes of time purchased. Section 76.1701(c) provides that such
    records shall be retained for a period of two years. Between April
    17, 2007 and May 14, 2007, Comcast Spotlight entered into agreements
    with the political candidates on behalf of Atlantic Broadband. The
    agreements specified that Comcast Spotlight would air political
    advertisements for these political candidates on the Atlantic
    Broadband cable television system that serves the Clearfield,
    Pennsylvania area. During the inspection on August 14, 2007, the
    agent found that Atlantic Broadband failed to retain records of
    these requests in the public inspection file. Because Atlantic
    Broadband knowingly allowed these records to be maintained by
    Comcast Spotlight, we find that the violation was willful. The
    violation occurred on more than one day and therefore was repeated.
    Based on the evidence before us, we find that Atlantic Broadband
    apparently willfully and repeatedly violated Section 76.1701(a) of
    the Rules by failing to retain a Political File in the public
    inspection file for the cable television system that serves
    Clearfield, Pennsylvania.

6.  Pursuant to *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines*, (\"Forfeiture Policy Statement\"), and Section 1.80 of
    the Rules, the base forfeiture amount for a violation of the public
    file rules is \$10,000.[^6] In assessing the monetary forfeiture
    amount, we must also take into account the statutory factors set
    forth in Section 503(b)(2)(E) of the Act, which include the nature,
    circumstances, extent, and gravity of the violations, and with
    respect to the violator, the degree of culpability, and history of
    prior offenses, ability to pay, and other such matters as justice
    may require.[^7] Because Atlantic Broadband's public inspection file
    was mostly complete, we conclude a reduction in the base amount for
    the public inspection file violation to \$4,000 is appropriate.
    Applying the Forfeiture Policy Statement, Section 1.80, and the
    statutory factors to the instant case, we conclude that Atlantic
    Broadband is apparently liable for a \$4,000 forfeiture.

# ORDERING CLAUSES

7.  Accordingly**, IT IS ORDERED** that, pursuant to Section 503(b) of
    the Communications Act of 1934, as amended, and Sections 0.111,
    0.311, 0.314 and 1.80 of the Commission\'s Rules, Atlantic Broadband
    LLC is hereby **NOTIFIED** of this **APPARENT LIABILITY FOR A
    FORFEITURE** in the amount of four thousand dollars (\$4,000) for
    violations of Sections 76.1701(a) of the Rules.[^8]

8.  **IT IS FURTHER ORDERED** that, pursuant to Section 1.80 of the
    Commission\'s Rules within thirty days of the release date of this
    Notice of Apparent Liability for Forfeiture, Atlantic Broadband
    **SHALL PAY** the full amount of the proposed forfeiture or **SHALL
    FILE** a written statement seeking reduction or cancellation of the
    proposed forfeiture.

9.  Payment of the forfeiture must be made by credit card through the
    Commission's Revenue and Receivables Operations Group at (202)
    418-1995, or by check or similar instrument, payable to the order of
    the Federal Communications Commission. The payment must include the
    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. Payment\[s\] by wire
    transfer may be made to ABA Number 021030004, receiving bank Federal
    Reserve Bank of New York, and account number 27000001. 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.[^9]   If you have questions,
    please contact the Financial Operations Group Help Desk at
    1-877-480-3201 or Email: <ARINQUIRIES@fcc.gov>. Atlantic Broadband
    shall also send electronic notification on the date said payment is
    made to NER-Response@fcc.gov.

10. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, Northeast Region, Philadelphia
    Office, One Oxford Valley Building, Suite 404, 2300 East Lincoln
    Highway, Langhorne, Pennsylvania 19047 and must include the
    NAL/Acct. No. referenced in the caption. An electronic copy shall be
    sent to NER-Response@fcc.gov.

11. 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.

12. **IT IS FURTHER ORDERED** that a copy of this Notice of Apparent
    Liability for Forfeiture shall be sent by Certified Mail, Return
    Receipt Requested, and regular mail, to Atlantic Broadband (Penn),
    LLC at its address of record.

FEDERAL COMMUNICATIONS COMMISSION

Gene J. Stanbro

District Director

Philadelphia Office

Northeast Region

Enforcement Bureau

[^1]: 47 C.F.R. § 76.1701(a).

[^2]: 47 U.S.C. § 503(b).

[^3]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to violations for which forfeitures are assessed under 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 or
    any rule or regulation of the Commission authorized by this Act...."
    *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387 (1991).

[^4]: Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also
    applies to violations for which forfeitures are assessed under
    Section 503(b) of the Act, provides that "\[t\]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]: Section 76.1700(a) provides that a cable system having 5,000 or
    more subscribers shall maintain for public inspection, *inter alia*,
    a file containing a copy of all records which are required to be
    kept by Section 76.1701 (Political File). Atlantic Broadband has
    approximately 5,169 Basic Service subscribers and therefore is
    required to maintain a Political File for public inspection.

[^6]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^7]: 47 U.S.C. § 503(b)(2)(E).

[^8]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80,
    76.1701(a).

[^9]: ^8^ *See* 47 C.F.R. § 1.1914.