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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.
B396-20060929ADG).
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
record.
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.
FEDERAL COMMUNICATIONS COMMISSION
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
2
Federal Communications Commission