Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                           Before the
                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


Released:  December 18, 2001

By the District Director, Detroit Office, Enforcement Bureau:

                        I.  INTRODUCTION

               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).

                         II.  BACKGROUND

               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  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.

                        III.  DISCUSSION

               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 
proposed forfeiture.

               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
District Director
Detroit Office

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.