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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.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission