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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-AT-246
Adelphia Communications ) NAL/Acct. No.200232480013
Operator of Cable System in ) FRN 0003-2535-98
Cullman, Alabama )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July18, 2002
By the Enforcement Bureau, Atlanta:
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.
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.
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.
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
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.