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

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             )                               
                                                                  
     RCN Telecom Services, Inc.   )     File Number EB-07-PA-006  
                                                                  
     Operator of Cable System     )   NAL/Acct. No. 200832400003  
                                                                  
     Community Unit ID: PA0557    )             FRN 0003-25-2426  
                                                                  
     Coplay, Pennsylvania         )                               
                                                                  
                                  )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: December 13, 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 RCN Telecom Services, Inc. ("RCN"), owner of a cable system
       serving the communities in the Northampton, Pennsylvania area,
       including Coplay, 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 RCN is apparently
       liable for a forfeiture in the amount of four thousand dollars
       ($4,000). In addition, we admonish RCN for failing to maintain a
       complete and updated listing of stations carried in fulfillment of the
       must-carry requirements, in violation of Section 76.1709(a) of the
       Rules.

   II. BACKGROUND

    2. On January 4, 2007, an agent of the Commission's Philadelphia Office
       inspected the public inspection file for RCN's cable television system
       serving the Northampton, Pennsylvania area. The public inspection file
       was located at RCN's billing office at 2124 Avenue C, Bethlehem,
       Pennsylvania. The agent found that the public inspection file did not
       contain any records of requests for cablecast time made by or on
       behalf of a candidate for public office ("Political File"). After
       further investigation, the agent found that RCN contracted Target
       Select to deliver advertising on the RCN cable system that serves the
       Northampton, Pennsylvania area. The agent obtained copies of dozens of
       agreements between Target Select and numerous political candidates
       including Rick Orloski for Pennsylvania Senate, Charlie Dent for the
       United States House of Representatives, and Bob Casey, Jr. for the
       United States Senate. The Agreements specified that Target Select
       would air political advertisements between May 1, 2006 and November
       12, 2006 for these candidates on the RCN cable television system. At
       the time of the inspection, the Agreements were not in the cable
       television system's public inspection file.

    3. On January 4, 2007, the agent also found that the public inspection
       file contained a list of stations that are carried on the cable system
       in fulfillment of the must carry requirements. The list, which was
       dated March 31, 1995, incorrectly specified the call sign, community
       of license, or cable channel for many of the must-carry television
       stations. Prior to leaving the inspection, the agent warned RCN that
       it should immediately update the Must Carry List and place a copy in
       the public inspection file.

    4. On July 25, 2007, an agent with the Commission's Philadelphia Office
       re-inspected the contents of the RCN public inspection file and found
       a different Must Carry List in the public inspection file than the one
       found on January 4, 2007. The Must Carry List found on July 25, 2007,
       was labeled "Must Carry Station List, RCN Telecom Services, Inc,
       Delaware County" and included a listing of stations carried in
       fulfillment of the must carry requirements for the cable system that
       serves the communities in the Darby, Pennsylvania area. The Must-Carry
       List did not reflect the correct stations that are carried in
       fulfillment of the must carry requirements on the cable system that
       serves the communities in the Northampton, Pennsylvania area.

   III. DISCUSSION

    5. 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.

    6. Section 76.1701(a) of the Commission's Rules requires that every cable
       television system keep and permit public inspection of a Political
       File, which must include 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.
       Between May 1, 2006 and November 12, 2006, Target Select entered into
       agreements on behalf of RCN and political candidates. The agreements
       specified that Target Select would air political advertisements on
       behalf of these political candidates on RCN's cable television system
       that serves the Northampton, Pennsylvania area. During the inspection
       on January 4, 2007, the agent found that RCN failed to retain in the
       public inspection file any of these agreements. Based on the evidence
       before us, we find that RCN 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 the Northampton, Pennsylvania area.

    7. 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
       RCN'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 RCN is apparently liable for a $4,000 forfeiture.

    8. Section 76.1709(a) of the Commission's Rules requires that every cable
       television system shall maintain for public inspection a file
       containing a list of all broadcast television stations carried by its
       system in fulfillment of the must-carry requirements provided in
       Sec.76.56 of the Rules. The must-carry list must include the call
       sign, community of license, broadcast channel number, and cable
       channel number. During an inspection on January 4, 2007, an agent
       found that RCN did not maintain an updated Must-Carry List in its
       public inspection file. During a re-inspection of the public
       inspection file on July 25, 2007, an agent found that RCN had placed
       the Must-Carry List for the cable system that serves the Darby,
       Pennsylvania area in the public inspection file for the cable system
       that serves the Northampton, Pennsylvania area. We admonish RCN for
       failing to maintain for its system serving Northampton, Pennsylvania,
       a complete and accurate Must Carry List in its public inspection file
       on January 4, 2007 and July 25, 2007.

   IV. ORDERING CLAUSES

    9. 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, RCN Telecom Services 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.

   10. IT IS FURTHER ORDERED that RCN is hereby ADMONISHED for its violation
       of Section 76.1709(a) of the Commission's Rules.

   11. 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, RCN Telecom Services
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   12. 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.

   13. 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.

   14. 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.

   15. 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

   16. 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 RCN Telecom Services 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).

   47 C.F.R. S: 76.1709(a).

   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 5,000 or more
   subscribers shall maintain for public inspection, inter alia, a file
   containing a copy of all records which are required to be kept by Section
   76.1701 (Political File). RCN has approximately 96,960 Basic Service
   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