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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )
                                )       File No. EB-02-DT-885
FrontierVision Operating Partners, L. P.     )
                                )       NAL/Acct. No. 20032360004
Coudersport, Pennsylvania       )
                                )       FRN: 0001-6055-59


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                       Released: January 27, 2003

By the District Director, Detroit Office, Enforcement Bureau:

                        I.  INTRODUCTION

  1.      In this  Notice of  Apparent Liability  for  Forfeiture 
     (``NAL''), we find  that FrontierVision Operating  Partners, 
     L. P. (``FrontierVision''), has apparently violated  Section 
     17.4(a) of the Commission's Rules1 (``Rules'') by failing to 
     register towers in  two different  locations.  This  section 
     requires  that  antenna  structure  owners  register   their 
     antenna structures.   We  conclude  that  FrontierVision  is 
     apparently liable  for a  forfeiture in  the amount  of  six 
     thousand dollars ($6,000).

                         II.  BACKGROUND

  2.      The Commission's  obstruction marking  and lighting  of 
     antenna structures and registration requirements operate  in 
     concert with  the 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 
     1996.2  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.3

  3.      Commission  field  agents  routinely  inspect   antenna 
     structures to  determine compliance  with antenna  structure 
     marking, painting and  lighting requirements  and they  also 
     respond to reports of unlit towers.  The FAA also  routinely 
     notifies Commission field offices when owners fail to report 
     that lights have been repaired.  On July 25, 2002, an  agent 
     from the  Detroit  Office  conducted an  inspection  of  the 
     antenna structure located on Webb Ridge Road 0.14 miles east 
     of  the  intersection   of  Webb  Ridge   Road  and   KY-59, 
     approximately 4.2 miles northwest  of Olive Hill,  Kentucky.  
     The agent  observed no  ASR number  posted at  the site.   A 
     search of Commission  records and  subsequent contacts  with 
     FrontierVision  revealed  that  the  antenna  structure  was 
     subject to Part  17 of  the Rules, was  not registered,  and 
     accordingly, needed to be registered.

  4.      On July  26, 2002,  an agent  from the  Detroit  Office 
     conducted an inspection of the antenna structure located  at 
     3311  Happy  Ridge  Road,  Ashland,  Kentucky.   The   agent 
     observed no  ASR number  posted at  the site.   A search  of 
     Commission   records    and   subsequent    contacts    with 
     FrontierVision  revealed  that  the  antenna  structure  was 
     subject to Part  17 of  the Rules, was  not registered,  and 
     accordingly, needed to be registered.

                        III.  DISCUSSION

  5.      Section 17.4(a) of the Rules requires the owner of  any 
     existing antenna structure that requires notice of  proposed 
     construction to the  Federal Administrative  Administration, 
     to register the  structure with  the Federal  Communications 
     Commission.  According  to Commission  records, the  antenna 
     structures located at Webb Ridge Road 0.14 miles east of the 
     intersection of Webb Ridge Road and KY-59, approximately 4.2 
     miles northwest of Olive Hill,  Kentucky, and at 3311  Happy 
     Ridge Road, Ashland, Kentucky, were not registered.

  6.      Based  on  the  evidence   before  us,  we  find   that 
     FrontierVision  has  willfully4  and  repeatedly5   violated 
     Section 17.4(a)  of the  Rules by  failure to  register  its 
     antenna  structures.   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'')6, sets the base forfeiture 
     amount for failure to file required forms or information  at 
     three thousand dollars ($3,000).  In assessing the  monetary 
     forfeiture amount, we must  take into account the  statutory 
     factors set forth in Section 503(b)(2)(D) the Communications 
     Act of 1934, as  amended (``Act'').7  These factors  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 
     Forfeiture Policy  Statement,  statutory  factors,  and  the 
     inflation adjustments to the base amount of FrontierVision's 
     violation of $3,000 for each of the two instances of failure 
     to register its  antenna structures, we  find no  compelling 
     evidence to support any  adjustments to the base  forfeiture 
     amount.  Thus, we believe that a total forfeiture amount  of 
     six thousand dollars ($6,000) is warranted.

                      IV.  ORDERING CLAUSE

  7.      Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
     503(b) of the Act and Sections 0.111, 0.311 and 1.80 of  the 
     Rules8, FrontierVision Operating Partners,  L. P. is  hereby 
     NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in  the 
     amount of  six thousand  dollars  ($6,000) for  willful  and 
     repeated violation of Section 17.4(a) of the Rules.

  8.      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,  FrontierVision   Operating 
     Partners, 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.

  9.      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. 200332360004, FRN: 
     0001-6055-59.

  10.     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.  200332360004, 
     FRN: 0001-6055-59. 

  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  under an installment  plan should  be 
     sent to: Chief,  Revenue and  Receivables Operations  Group, 
     445 12th Street, S.W., Washington, D.C. 20554.9

  13.     Under the Small Business Paperwork Relief Act of  2002, 
     Pub L. No. 107-198, 116 Stat.  729 (June 28, 2002), the  FCC 
     is engaged in a two-year tracking process regarding the size 
     of entities involved  in forfeitures.  If  you qualify as  a 
     small entity and if you wish to be treated as a small entity 
     for tracking purposes, please so certify to us within thirty 
     (30) days of this NAL, either in your response to the NAL or 
     in  a   separate  filing   to  be   sent  to   the   Federal 
     Communications  Commission,   Technical  &   Public   Safety 
     Division, 445 12th  Street SW, Washington,  DC 20554.   Your 
     certification should  indicate whether  you, including  your 
     parent  entity  and  its  subsidiaries,  meet  one  of   the 
     definitions set  forth in  the list  provided by  the  FCC's 
     Office of Communications  Business Opportunities (OCBO)  set 
     forth in Attachment A of this Notice of Apparent  Liability.  
     This information will  be used for  tracking purposes  only.  
     Your response or  failure to respond  to this question  will 
     have no effect on your rights and responsibilities  pursuant 
     to Section 503(b)  of the Communications  Act.  If you  have 
     questions regarding  any  of the  information  contained  in 
     Attachment A, please contact OCBO at (202) 418-0990.

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


                              FEDERAL COMMUNICATIONS COMMISSION




                              James A. Bridgewater
                              District Director
                              Detroit Office







Attachment A:  Condensed List of Small Entities
_________________________

1 47 C.F.R.  17.4(a).

2 Antenna structure owners were required to register existing 
antenna structures during a two-year filing period between July 
1, 1998 and June 30, 1996, and to register new antenna structures 
prior to construction.  Streamlining the Commission's Antenna 
Structure Clearance Procedure, 11 FCC Rcd 4272 (1995).

3 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 rel. Jan. 13. 1999).

4 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations 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 ....''  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387-88 (1991).

5 Section 312(f)(2), which also applies to 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.''

647 C.F.R.  1.80.

7 47 U.S.C.  503(b)(2)(D).

8 47 C.F.R.  0.111, and 0.311.

9 See 47 C.F.R.  1.1914.