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

In the Matter of                   )     File Number EB-02-AT-246
Adelphia Communications            )    NAL/Acct. No.200232480013
Corporation                        )
Operator of Cable System in        )             FRN 0003-2535-98
Cullman, Alabama                   )
Coudersport, Pennsylvania


                                           Released: July18, 2002

By the Enforcement Bureau, Atlanta:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),  we  find  that  Adelphia  Communications  Corporation 
(``Adelphia''), owner of Adelphia Communications cable system  in 
Cullman, Alabama, is  apparently liable for  a forfeiture in  the 
amount of  eight  thousand  dollars ($8,000)  for  willfully  and 
repeatedly violating Section 11.35(a)  of the Commission's  Rules 
(``Rules'')1 by failing to  maintain operational Emergency  Alert 
System (``EAS'') equipment. 

                         II.  BACKGROUND

     2.   On June 27, 2002, an agent of the Commission's  Atlanta 
Field Office inspected the  EAS installation of Adelphia's  cable 
television  system  in   Cullman,  Alabama.   At   the  time   of 
inspection,  the  EAS  equipment,   although  present,  was   not 
installed and connected so  as to be  operational. There were  no 
entries in the cable  system record indicating  that the EAS  had 
been taken out of service for repair.  Records did indicate  that 
the last  partially received  test was  dated February  2,  2000. 
There were no other  records of any EAS  tests for the period  of 
February 2, 2000 to the present. 

                        III.  DISCUSSION

     3.   Section 11.35(a)  of  the Rules  specifies  that  cable 
systems are  responsible  for  ensuring that  EAS  encoders,  EAS 
decoders and Attention Signal generating and receiving  equipment 
used as part of the EAS are installed so that the monitoring  and 
transmitting functions are available during the times the systems 
are in operation.  On June 27, 2002, Adelphia's cable system  had 
no EAS  equipment installed  and  operational, the  cable  system 
records showed no evidence of EAS tests conducted or received for 
the period February 2, 2000 to June 27, 2002, nor did the  system 
record indicate EAS equipment had  been removed from service  for 

     4.   Based on  the  evidence  before us,  we  find  Adelphia 
Communications Corporation  willfully3 and  repeatedly4  violated 
Section 11.35(a) of the Rules by failing to have operational  EAS 

     5.   Pursuant to Section 1.80(b)(4) of the Rules,5 the  base 
forfeiture amount for failure  to have operational EAS  equipment 
is $8,000.  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  Communications  Act  of  1934,  as  amended 
(``Act''), 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.6  Considering 
the entire record  and applying  the factors  listed above,  this 
case warrants an $8,000 forfeiture.

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,7 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,8 Adelphia Communications Corporation is hereby NOTIFIED of 
this APPARENT LIABILITY FOR A  FORFEITURE in the amount of  eight 
thousand dollars ($8,000) for  willful and repeated violation  of 
Section 11.35(a) of the Rules by failing to have operational  EAS 

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Adelphia 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.

     8.   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. and FRN referenced above.  Requests for payment  of 
the full amount of this NAL  under an installment plan should  be 
sent to:  Chief, Revenue  and Receivables  Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.9

     9.   The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street  SW,  Washington  DC  20554,  Attn:  Enforcement   Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct. 
No. referenced above.  

     10.  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 

     11.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Adelphia Communications  Corporation, One  North Main  Street; 
Coudersport, PA  16915.   An additional  copy  shall be  sent  by 
regular mail  and  Certified  Mail Return  Receipt  Requested  to 
Adelphia Communications, 256 Hwy 278 E., Cullman, Alabama 35055.


                         Fred L. Broce
                         District Director
                         Atlanta Office, Enforcement Bureau

1 47 C.F.R.  11.35(a).

2 EAS activations and tests, failures to receive such tests, and 
EAS equipment malfunctions must be recorded in the cable system 
record.  See 47 C.F.R.  11.35(a)-(b), 11.55(c)(7) and 11.61(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 . . . .''  See Southern California Broadcasting Co., 6 
FCC Rcd 4387-88 (1991).

4 The 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 U.S.C.  

5 47 C.F.R.  1.80(b)(4).

6 47 U.S.C.  503(b)(2)(D).

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

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.