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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-NY-217
Cablevision Systems of New York City Corporation ) NAL/Acct.
Bethpage, NY ) FRN: 0004-5055-66
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 30,
By the District Director, New York Office, Enforcement Bureau:
I.1. In this Notice of Apparent Liability for
Forfeiture ("NAL"), we find that Cablevision Systems
of New York City Corporation (``Cablevision'') has
apparently violated Sections 11.61(a)(1)(iii) and
11.61(b) of the Commission's Rules (the ``Rules''),1
by failing to conduct required monthly tests of the
Emergency Alert System (``EAS'') and failing to
maintain station records of required weekly and
monthly EAS tests received. We conclude that
Cablevision is apparently liable for a forfeiture in
the amount of three thousand dollars ($3,000).
I.2. On September 17, 2002, a Commission Agent
inspected Cablevision located at 1315 Seabury Avenue,
Bronx, NY 10461, to verify compliance with the
Commission's EAS requirements. The agent's inspection
of Cablevision's station records showed that
(a) Failed to conduct required weekly EAS tests from April
13, 2002 to August 29, 2002.
(b) Failed to conduct required monthly EAS tests from March
3, 2002 to July 3, 2002.
(c) Failed to install and maintain the EAS equipment so
that it is capable of receiving EAS test messages from April
13, 2002 to July 3, 2002.
I.3. On October 7, 2002, the New York Office sent a
Notice of Violation for failure to conduct and receive
required EAS tests to Cablevision, by First Class and
Certified Mail Return Receipt Requested.
4. On October 21, 2002, the New York Office received a
reply to the Notice of Violation from Paul W. Jamieson, counsel
for Cablevision, stating that Cablevision showed compliance with
required EAS weekly and monthly testing through April 12, 2002,
but because of printer problems, the printer was out of service
5. The Commission agent's inspection of Cablevision's
station records on September 17, 2002, showed that the
EAS printer was sent out for repairs on June 3, 2002.
However, the station records from April 13, 2002 to
July 3, 2002, failed to show that required monthly EAS
tests were conducted, and required weekly and monthly
EAS tests were received.
6. Section 11.61(a)(1)(iii) of the Commission's Rules
requires that cable stations conduct monthly EAS tests
that conform to procedures in the EAS Operating Hand
Book. Section 11.61(b) of the Commission's Rules
requires cable stations to maintain station records of
weekly and monthly EAS tests received and conducted.
The September 17, 2002 inspection of Cablevision's
station records failed to show that required EAS
monthly tests were conducted from March 3, 2002 to July
3, 2002, and required weekly and monthly EAS tests were
received from April 13, 2002 to July 3, 2002.
7. Based on the evidence before us, we find that
Cablevision failed to conduct the required monthly EAS
tests from March 3, 2002 to July 3, 2002, and failed to
maintain station records of required weekly and monthly
EAS tests received from April 13, 2002 to July 3, 2002,
in willful2 and repeated3 violation of Sections
11.61(a)(1)(iii) and 11.61(b) of the Rules.
8. The Commission's Forfeiture Policy Statement and
Amendment of Section 1.80 of the Rules to Incorporate
the Forfeiture Guidelines, 12 FCC Rcd 17087, 17113
(1997), recon. denied, 15 FCC Rcd 303(1999)
(``Forfeiture Policy Statement''),4 sets the base
forfeiture amount for failure to make required
measurements or conduct required monitoring of EAS
tests at $2,000, and base forfeiture for failure to
maintain required records at $1000. In assessing the
monetary forfeiture amount, we must take into account
the statutory factors set forth in Section 503(b)(2)(D)
of the Act,5 which include the nature, circumstances,
extent, and gravity of the violation, and with respect
to the violator, the degree of culpability, any history
of prior offenses, ability to pay, and other such
matters as justice may require. Applying the
Forfeiture Policy Statement and the statutory factors
to the instant case and applying the inflation
adjustments, we believe that a three thousand dollar
($3,000) monetary forfeiture is warranted.
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act6 and Sections 0.111, 0.311 and 1.80
of the Commission's Rules,7 Cablevision Systems of New
York City Corporation is hereby NOTIFIED of their
APPARENT LIABILITY FOR A FORFEITURE in the amount of
three thousand dollars ($3,000) for willful and
repeated violations of Sections 11.61(a)(1)(iii) and
10. 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,
Cablevision Systems of New York City Corporation SHALL
PAY the full amount of the proposed forfeiture or SHALL
FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
11. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of
the Federal Communications Commission, to the
Forfeiture Collection Section, Finance Branch, Federal
Communications Commission, P.O. Box 73482, Chicago,
Illinois 60673-7482. The payment should note the
NAL/Acct. No. 200332380008 and FRN: 0004-5055-66.
12. Any response to this NAL must be mailed to Federal
Communications Commission, Enforcement Bureau,
Technical and Public Safety Division, 445 12th Street,
S.W., Washington, D.C. 20554 and MUST INCLUDE THE
NAL/Acct. No. 200332380008
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 under an installment plan should
be sent to: Chief Revenue and Receivable Operations
Group, 445 12th Street, S.W., Washington, D.C. 20554.8
16. Under the Small Business Paperwork Relief Act of 2002,
Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the
FCC is engaged in a two-year tracking process regarding
the size of entities involved in forfeitures. If you
qualify as a small entity and if you wish to be treated
as a small entity for tracking purposes, please so
certify to us within thirty (30) days of this NAL,
either in your response to the NAL or in a separate
filing to be sent to the Technical and Public Safety
Division. Your certification should indicate whether
you, including your parent entity and its subsidiaries,
meet one of the definitions set forth in the list
provided by the FCC's Office of Communications Business
Opportunities (OCBO) set forth in Attachment A of this
Notice of Apparent Liability. This information will be
used for tracking purposes only. Your response or
failure to respond to this question will have no effect
on your rights and responsibilities pursuant to Section
503(b) of the Communications Act. If you have
questions regarding any of the information contained in
Attachment A, please contact OCBO at (202) 418-0990.
17. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail
Return Receipt Requested to Cablevision Systems of New
York City Corporation, 1111 Stewart Avenue, Bethpage,
NY 11714-3581, and a copy to Piper Rudnick LLP, 1200
Nineteenth Street, N.W. Washington, D.C. 20036-2412.
Daniel W. Noel
New York Office
Attachment A - FCC List of Small Entities, October 2002
1 47 C.F.R. §§ 11.61(a)(1)(iii) and 11.61(b)
2 Section 312(f)(1) of the Act, 47 U.S.C. § 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....'' See Southern California Broadcasting Co., 6 FCC
Rcd 4387 (1991).
The 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.'' 47 U.S.C. §
47 C.F.R. § 1.80.
47 U.S.C § 503(b)(2)(D)
47 U.S.C. § 503(b)
47 C.F.R. §§ 0.111, and 0.311.
See 47 C.F.R. § 1.1914.