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

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 )


   Atlantic Broadband (PENN), LLC. ) File No. EB-07-PA-264


   Clearfield, Pennsylvania ) NOV No. V200832400023



                              NOTICE OF VIOLATION

   Released: July 7, 2008

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Atlantic Broadband (PENN), LLC
       ("Atlantic Broadband"), operator of the cable system in Clearfield,
       Pennsylvania (Community Unit ID # PA0200).

    2. On August 14, 2007, an agent of the Commission's Philadelphia Office
       inspected the Atlantic Broadband cable system serving Clearfield,
       Pennsylvania and observed following violations:

     a. 47 C.F.R. S: 76.1703: "Cable operators airing children's programming
        must maintain records sufficient to verify compliance with S:76.225
        and make such records available to the public. Such records must be
        maintained for a period sufficient to cover the limitations period
        specified in 47 U.S.C. 503(b)(6)(B)." At the time of inspection, the
        agent observed that the Atlantic Broadband public inspection file did
        not contain complete records to demonstrate compliance with the
        commercial limits during children's programming aired on the Atlantic
        Broadband cable system during the previous year. Although public
        inspection file contained the records for the period between August
        14, 2006 and August 14, 2007, the public inspection file did not
        contain the records for the third and fourth quarters of 2006 and the
        first quarter of 2007.

     b. 47 C.F.R. S: 76.1702(a): "Every employment unit with six or more
        full-time employees shall maintain for public inspection a file
        containing copies of all EEO program annual reports filed with the
        Commission pursuant to Section 76.77 and the equal employment
        opportunity program information described in paragraph (b) of this
        section. These materials shall be placed in the unit's public
        inspection file annually by the date that the unit's EEO program
        annual report is due to be filed and shall be retained for a period
        of five years. The file shall be maintained at the central office and
        at every location with six or more full-time employees. A
        headquarters employment unit file and a file containing a
        consolidated set of all documents pertaining to the other employment
        units of a multichannel video programming distributor that operates
        multiple units shall be maintained at the central office of the
        headquarters employment unit. The multichannel video programming
        distributor shall provide reasonable accommodation at these locations
        for undisturbed inspection of its equal employment opportunity
        records by members of the public during regular business hours." At
        the time of the inspection, the agent observed that the Atlantic
        Broadband public inspection file did not contain any EEO records for
        the years 2002, 2003, 2004 and 2005. The public inspection file did
        contain an EEO Program Annual Report for the year 2006 (File No.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Atlantic Broadband must
       submit a written statement concerning this matter within twenty (20)
       days of release of this Notice. The response must fully explain each
       violation, must contain a statement of the specific action(s) taken to
       correct each violation and preclude recurrence, and should include a
       time line for completion of pending corrective action(s). The response
       must be complete in itself and signed by a principal or officer of the
       cable operator. All replies and documentation sent in response to this
       Notice should be marked with the File No. and NOV No. specified above,
       and mailed to the following address:

   Federal Communications Commission

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    4. This Notice shall be sent to Atlantic Broadband at its address of

    5. The Privacy Act of 1974 requires that we advise you that the
       Commission will use all relevant material information before it,
       including any information disclosed in your reply, to determine what,
       if any, enforcement action is required to ensure compliance. Any false
       statement made knowingly and willfully in reply to this Notice is
       punishable by fine or imprisonment under Title 18 of the U.S. Code.


   Gene J. Stanbro

   District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 403.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   18 U.S.C. S: 1001 et seq.

                       Federal Communications Commission


                       Federal Communications Commission