**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+-----------------------------------+---+-------------------------------+
| In the Matter of                  | ) | File Number EB-05-KC-142      |
|                                   |   |                               |
| Mediacom Communications           | ) | NAL/Acct. No. 200632560001    |
| Corporation                       |   |                               |
|                                   | ) | FRN 0005184247                |
| Springfield, MO                   |   |                               |
|                                   | ) |                               |
| Physical System \# 001219         |   |                               |
|                                   | ) |                               |
|                                   |   |                               |
|                                   | ) |                               |
+-----------------------------------+---+-------------------------------+

## 

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: June 20, 2006

By the District Director, Kansas City Office, South Central Region,
Enforcement Bureau:

## I. INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("*NAL*"), we
    find that Mediacom Communications Corporation ("Mediacom"), operator
    of a cable system serving Springfield, Battlefield, and parts of
    Greene County, Missouri, apparently willfully violated Section
    76.1700 of the Commission\'s Rules ("Rules")[^1] by failing to make
    material required to be in the system's public file (commercial
    records for children\'s programming) available for inspection. We
    conclude, pursuant to Section 503(b) of the Communications Act of
    1934, as amended ("Act"),[^2] that Mediacom is apparently liable for
    a forfeiture in the amount of four thousand dollars (\$4,000).

## II. BACKGROUND

2.  On December 14, 2005, an agent from the Commission's Kansas City
    Office of the Enforcement Bureau ("Kansas City Office") inspected
    Mediacom's public inspection file located in Springfield, Missouri.
    Station personnel stated that the system serves more than 10,000
    subscribers. Station personnel were unable to make available the
    most current records for commercials aired during children's
    programming. The most current records in the file verifying
    compliance with children's programming commercial limits were dated
    2003.

## III. DISCUSSION

3.  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 there under, shall be
    liable for a forfeiture penalty. The term "willful" as used in
    Section 503(b) has been interpreted to mean simply that the acts or
    omissions are committed knowingly.[^3]

4.  Section 76.1700(a) of the Rules requires cable system operators
    having 5,000 or more subscribers maintain for public inspection, a
    file containing, among other items, a copy of all records which are
    required to be kept by Section 76.1703 of the Rules (commercial
    records for children\'s programming).[^4] The public inspection file
    is to be maintained at the office which the system operator
    maintains for the ordinary collection of subscriber charges,
    resolution of subscriber complaints, and other business and be
    available for public inspection during regular business hours.[^5]
    Section 76.1703 of the Rules requires cable operators airing
    children\'s programming to maintain records sufficient to verify
    compliance with Section 76.225 of the Rules and make such records
    available to the public.[^6] On December 14, 2005, in response to a
    request by an agent, employees of Mediacom were unable to make
    available during regular business hours the most current records of
    commercials aired on children's programming. Only information
    relating to commercials aired during children's programming in 2003
    was available for inspection.

5.  Based on the evidence before us, we find that Mediacom apparently
    willfully violated Section 76.1700 of the Rules by failing to make
    material required to be in the public file (commercial records for
    children's programming) available for public inspection.

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 violation of public
    file rules is \$10,000.[^7] However, because Mediacom's public file
    was partially complete, we conclude a reduction in the base
    forfeiture amount for the public file violation to \$4,000 is
    appropriate. In assessing the monetary forfeiture amount, we must
    also take into account the statutory factors set forth in Section
    503(b)(2)(D) 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.[^8]
    Applying the *Forfeiture Policy Statement*, Section 1.80, and the
    statutory factors to the instant case, we conclude that Mediacom is
    apparently liable for a \$4,000 forfeiture.

## IV. 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, Mediacom
    Communications Corporation, is hereby **NOTIFIED** of this
    **APPARENT LIABILITY FOR A FORFEITURE** in the amount of four
    thousand dollars (\$4,000) for violation of Section 76.1700 of the
    Rules.[^9]

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, Mediacom Communications
    Corporation **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 check or similar
    instrument, payable to the order of the Federal Communications
    Commission.  The payment must include the NAL/Acct. No. and FRN No.
    referenced above.  Payment by check or money order may be mailed to
    Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA
    15251-8340.  Payment by overnight mail may be sent to Mellon
    Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
    15251.   Payment by wire transfer may be made to ABA
    Number 043000261, receiving bank Mellon Bank, and account
    number 911-6106.

10. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, South Central Region, Kansas City
    Office, 520 NE Colbern Road, Second Floor, Lee's Summit, MO.
    64086-4711 and must include the NAL/Acct. No. referenced in the
    caption.

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. Requests for payment of the full amount of this Notice of Apparent
    Liability for Forfeiture under an installment plan should be sent
    to: Associate Managing Director, Financial Operations, 445 12th
    Street, S.W., Room 1A625, Washington, D.C. 20554.[^10]

13. **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 Mediacom Communications
    Corporation at its address of record.

FEDERAL COMMUNICATIONS COMMISSION

Robert C. McKinney

District Director

> Kansas City Office
>
> South Central Region
>
> Enforcement Bureau

[^1]: 47 C.F.R. § 76.1700.

[^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]: 47 C.F.R. § 76.1700(a).

[^5]: *See* 47 C.F.R. § 76.1700(b).

[^6]: 47 C.F.R. § 76.1703.

[^7]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^8]: 47 U.S.C. § 503(b)(2)(D).

[^9]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80,
    76.1700.

[^10]: ^8^ *See* 47 C.F.R. § 1.1914.