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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File Number EB-05-KC-142
Mediacom Communications Corporation )
NAL/Acct. No. 200632560001
Springfield, MO )
FRN 0005184247
Physical System # 001219 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 20, 2006
By the District Director, Kansas City Office, South Central Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Mediacom Communications Corporation ("Mediacom"), operator of a
cable system serving Springfield, Battlefield, and parts of Greene
County, Missouri, apparently willfully violated Section 76.1700 of the
Commission's Rules ("Rules") by failing to make material required to
be in the system's public file (commercial records for children's
programming) available for inspection. We conclude, pursuant to
Section 503(b) of the Communications Act of 1934, as amended ("Act"),
that Mediacom is apparently liable for a forfeiture in the amount of
four thousand dollars ($4,000).
II. BACKGROUND
2. On December 14, 2005, an agent from the Commission's Kansas City
Office of the Enforcement Bureau ("Kansas City Office") inspected
Mediacom's public inspection file located in Springfield, Missouri.
Station personnel stated that the system serves more than 10,000
subscribers. Station personnel were unable to make available the most
current records for commercials aired during children's programming.
The most current records in the file verifying compliance with
children's programming commercial limits were dated 2003.
III. DISCUSSION
3. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation or order issued
by the Commission there under, shall be liable for a forfeiture
penalty. The term "willful" as used in Section 503(b) has been
interpreted to mean simply that the acts or omissions are committed
knowingly.
4. Section 76.1700(a) of the Rules requires cable system operators
having 5,000 or more subscribers maintain for public inspection, a
file containing, among other items, a copy of all records which are
required to be kept by Section 76.1703 of the Rules (commercial
records for children's programming). The public inspection file is to
be maintained at the office which the system operator maintains for
the ordinary collection of subscriber charges, resolution of
subscriber complaints, and other business and be available for public
inspection during regular business hours. Section 76.1703 of the
Rules requires cable operators airing children's programming to
maintain records sufficient to verify compliance with Section 76.225
of the Rules and make such records available to the public. On
December 14, 2005, in response to a request by an agent, employees of
Mediacom were unable to make available during regular business hours
the most current records of commercials aired on children's
programming. Only information relating to commercials aired during
children's programming in 2003 was available for inspection.
5. Based on the evidence before us, we find that Mediacom apparently
willfully violated Section 76.1700 of the Rules by failing to make
material required to be in the public file (commercial records for
children's programming) available for public inspection.
6. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
base forfeiture amount for violation of public file rules is $10,000.
However, because Mediacom's public file was partially complete, we
conclude a reduction in the base forfeiture amount for the public file
violation to $4,000 is appropriate. 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 Act, which include
the nature, circumstances, extent, and gravity of the violations, and
with respect to the violator, the degree of culpability, and history
of prior offenses, ability to pay, and other such matters as justice
may require. Applying the Forfeiture Policy Statement, Section 1.80,
and the statutory factors to the instant case, we conclude that
Mediacom is apparently liable for a $4,000 forfeiture.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311,
0.314 and 1.80 of the Commission's Rules, Mediacom Communications
Corporation, is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of four thousand dollars ($4,000) for
violation of Section 76.1700 of the Rules.
8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's Rules within thirty days of the release date of this
Notice of Apparent Liability for Forfeiture, Mediacom 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.
9. Payment of the forfeiture must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The
payment must include the NAL/Acct. No. and FRN No. referenced above.
Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 358340, Pittsburgh, PA
15251-8340. Payment by overnight mail may be sent to Mellon
Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
15251. Payment by wire transfer may be made to ABA Number 043000261,
receiving bank Mellon Bank, and account number 911-6106.
10. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Kansas City
Office, 520 NE Colbern Road, Second Floor, Lee's Summit, MO.
64086-4711 and must include the NAL/Acct. No. referenced in the
caption.
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 for Forfeiture under an installment plan should be sent to:
Associate Managing Director, Financial Operations, 445 12th Street,
S.W., Room 1A625, Washington, D.C. 20554.^8
13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, to Mediacom Communications Corporation at
its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
District Director
Kansas City Office
South Central Region
Enforcement Bureau
47 C.F.R. S 76.1700.
47 U.S.C. S 503(b).
Section 312(f)(1) of the Act, 47 U.S.C. S 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 or any rule or regulation of the Commission
authorized by this Act...." See Southern California Broadcasting Co., 6
FCC Rcd 4387 (1991).
47 C.F.R. S 76.1700(a).
See 47 C.F.R. S 76.1700(b).
47 C.F.R. S 76.1703.
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S1.80.
47 U.S.C. S 503(b)(2)(D).
47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 76.1700.
^8 See 47 C.F.R. S 1.1914.
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