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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Blue Ridge Cable Technologies, Inc. ) File Number EB-06-PA-165
Operator of Cable System ) NAL/Acct. No. 200732400003
Community Unit ID: PA0575 ) FRN 0010-62-2124
Tunkhannock, Pennsylvania )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: September 14, 2007
By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Blue Ridge Cable Technologies, Inc. ("Blue Ridge"), owner of a
cable system serving Tunkhannock, Pennsylvania, apparently willfully
and repeatedly violated Section 76.1701(a) of the Commission's Rules
("Rules") by failing to retain a political file in the cable system's
public inspection file. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), that Blue Ridge is
apparently liable for a forfeiture in the amount of four thousand
dollars ($4,000).
II. BACKGROUND
2. On September 22, 2006, an agent of the Commission's Philadelphia
Office inspected the public inspection file for Blue Ridge's cable
television system serving Tunkhannock, Pennsylvania. The public
inspection file was located at Blue Ridge's billing office at 1 Dymond
Terrace, Tunkhannock, Pennsylvania. The agent found that Blue Ridge
did not retain a political file in the cable television system's
public inspection file that includes any records of requests for
cablecast time made by or on behalf of a candidate for public office.
3. After further investigation, the agent found that, since at least
August 10, 2006 Blue Ridge contracted Target Select to deliver
advertising on the Blue Ridge cable system. The agent obtained copies
of four Agreements dated August 10, 2006, August 18, 2006, August 24,
2006 and August 31, 2006 between Target Select and representatives of
Pennsylvania Senator Rick Santorum. The Agreements specified that
Target Select would air 169 political advertisements for this
candidate on the Blue Ridge cable television system that serves
Tunkhannock, Pennsylvania. None of these Agreements were retained in
the cable television system's public inspection file.
III. DISCUSSION
4. 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 thereunder, 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. The term "repeated" means the commission or omission of
such act more than once or for more than one day.
5. Section 76.1701(a) of the Commission's Rules requires that every cable
television system shall keep and permit public inspection of a
complete and orderly record ("political file) of all requests for
cablecast time made by or on behalf of a candidate for public office,
together with an appropriate notation showing the disposition made by
the system of such requests, and the charges made, if any, if the
request is granted. The disposition includes the schedule of time
purchased, when spots actually aired, the rates charged, and the
classes of time purchased. On August 10, 2006, August 18, 2006, August
24, 2006 and August 31, 2006, Target Select entered into an agreement
on behalf of Blue Ridge with representatives of Pennsylvania Senator
Rick Santorum. The Agreements specified that Target Select would air
169 political advertisements for Senator Rick Santorum on Blue Ridge's
cable television system that serves Tunkhannock, Pennsylvania. During
the inspection on September 22, 2006, the agent found that Blue Ridge
failed to retain in the public inspection file any of these four
Agreements. Furthermore, the public inspection file did not contain
any other records of requests for cablecast time made by or on behalf
of a candidate for public office. Based on the evidence before us, we
find that Blue Ridge apparently willfully and repeatedly violated
Section 76.1701(a) of the Rules by failing to retain a political file
in the public inspection file for the cable television system that
serves Tunkhannock, Pennsylvania.
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 a violation of the public file rules is
$10,000. In assessing the monetary forfeiture amount, we must also
take into account the statutory factors set forth in Section
503(b)(2)(E) 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. Because
Blue Ridge's public inspection file was mostly complete, we conclude a
reduction in the base amount for the public inspection file violation
to $4,000 is appropriate. Applying the Forfeiture Policy Statement,
Section 1.80, and the statutory factors to the instant case, we
conclude that Blue Ridge 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, Blue Ridge Cable
Technologies, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of four thousand dollars ($4,000) for
violations of Section 76.1701(a) 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, Blue Ridge Cable
Technologies, Inc. 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, Northeast Region, Philadelphia Office,
One Oxford Valley Building, Suite 404, 2300 East Lincoln Highway,
Langhorne, Pennsylvania 19047 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 Blue Ridge Cable Technologies, Inc. at
its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 76.1701(a).
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).
Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
to violations for which forfeitures are assessed under 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."
Section 76.1700 provides that a cable system having 1,000 or more
subscribers but fewer than 5,000 subscribers "shall maintain for public
inspection a file containing a copy of all records which are required to
be kept by Section 76.1701 (political file)." In contrast, records
regarding, among other things, commercial limits for children's
programming and EEO requirements, need only be made available "upon
request." Blue Ridge has approximately 3900 subscribers and therefore is
required to maintain a political file for public inspection.
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S:1.80.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 76.1701(a).
8 See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
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Federal Communications Commission