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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:
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 Rules1 (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).
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
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
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.
7. Based on the evidence before us, we find
that Parnassos has willfully3 and repeatedly4 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 Rules7, 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
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.
James A. Bridgewater
1 47 C.F.R. § 17.4(a).
2Antenna 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
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.
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.