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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                      )                                
                                                                       
     In the Matter of                 )                                
                                                                       
     Atlantic Broadband (Penn), LLC   )   File Number: EB-07-PA-264    
                                                                       
     Operator of Cable System         )   NAL/Acct. No. 2008324000007  
                                                                       
     Clearfield, Pennsylvania         )   FRN: 0009-59-6883            
                                                                       
     Community Unit ID # PA0200       )                                
                                                                       
                                      )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released: July 7, 2008

   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 Atlantic Broadband (Penn), LLC ("Atlantic Broadband"), operator
       of the cable television system in Clearfield, 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 Atlantic Broadband is apparently liable for a forfeiture in the
       amount of four thousand dollars ($4,000).

   II. BACKGROUND

    2. On August 14, 2007, an agent of the Commission's Philadelphia Office
       inspected the public inspection file for Atlantic Broadband's cable
       television system serving the Clearfield, Pennsylvania area. The
       public inspection file was located in Atlantic Broadband's billing
       office at 313 East Cherry Street, Clearfield, 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 any candidate for
       public office ("Political File") for the previous two years.

    3. During the inspection, Atlantic Broadband informed the agent that
       Comcast Spotlight handles the advertising on the cable system and that
       Comcast Spotlight has all of the Political File records in its
       possession. That same day, Atlantic Broadband received a facsimile
       from Comcast Spotlight that included the records for Atlantic
       Broadband's Political File. The records showed that numerous requests
       for cablecast time were made between April 4, 2007 and May 1, 2007 on
       behalf of candidates for public office and that Atlantic Broadband
       aired 516 political advertisements between April 17, 2007 and May 14,
       2007. The agreements specified that Comcast Spotlight would air
       political advertisements for these political candidates on the
       Atlantic Broadband cable television system that serves the Clearfield,
       Pennsylvania area. At the time of the inspection, these records were
       not 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) of the Act 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 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.
       Section 76.1701(c) provides that such records shall be retained for a
       period of two years. Between April 17, 2007 and May 14, 2007, Comcast
       Spotlight entered into agreements with the political candidates on
       behalf of Atlantic Broadband. The agreements specified that Comcast
       Spotlight would air political advertisements for these political
       candidates on the Atlantic Broadband cable television system that
       serves the Clearfield, Pennsylvania area. During the inspection on
       August 14, 2007, the agent found that Atlantic Broadband failed to
       retain records of these requests in the public inspection file.
       Because Atlantic Broadband knowingly allowed these records to be
       maintained by Comcast Spotlight, we find that the violation was
       willful. The violation occurred on more than one day and therefore was
       repeated. Based on the evidence before us, we find that Atlantic
       Broadband 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
       Clearfield, 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
       Atlantic Broadband'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 Atlantic Broadband 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, Atlantic Broadband LLC is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of four  thousand dollars ($4,000) for violations of Sections
       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, Atlantic Broadband 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 credit card through the
       Commission's Revenue and Receivables Operations Group at (202)
       418-1995, or by check or similar instrument, payable to the order of
       the Federal Communications Commission. The payment must include the
       Account Number and FRN Number referenced above. Payment by check or
       money order may be mailed to Federal Communications Commission, P.O.
       Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail may be
       sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005
       Convention Plaza, St. Louis, MO 63101. Payment[s] by wire transfer may
       be made to ABA Number 021030004, receiving bank Federal Reserve Bank
       of New York, and account number 27000001. Requests for full payment
       under an installment plan should be sent to:  Chief Financial Officer
       -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.8   If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov. Atlantic Broadband shall also send electronic
       notification on the date said payment is made to NER-Response@fcc.gov.

   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. An electronic copy shall be sent to
       NER-Response@fcc.gov.

   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. 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 Atlantic Broadband (Penn), LLC 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(a) 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). Atlantic Broadband has approximately 5,169 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