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                )       
                                )       File No. EB-02-NY-212    
                                )
Cablevision of Newark           )       NAL/Acct.No. 200332380013
                                )
Woodbury, NY                    )       FRN: 0003-7361-39
                                )
                                

                                        Released:    January  27, 
2003

By the District Director, New York Office, Enforcement Bureau:

                        I.  INTRODUCTION
 
     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that Cablevision of Newark (``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 monthly  and 
weekly EAS  tests  messages.   We conclude  that  Cablevision  is 
apparently liable  for  a  forfeiture  in  the  amount  of  three 
thousand dollars ($3,000).
                         II.  BACKGROUND

     2.   On September 5,  2002, Commission  agents conducted  an 
          inspection  of  Cablevision's,  EAS,  located  at   360 
          Central Avenue,  Newark,  NJ  07103.  At  the  time  of 
          inspection, Jai  Bond,  the  supervisor  on  duty,  was 
          unable to provide station records of EAS test messages, 
          as requested by Commission agents.

     3.   On September  18, 2002,  a Commission  agent  revisited 
          Cablevision to inspect the station records.  Based upon 
          the agent's inspection of Cablevision's station records 
          and interview with Jai Bond, the supervisor on duty, he 
          determined  that  Cablevision  had  failed  to  conduct 
          weekly and monthly  tests, and was  not monitoring  two 
          EAS sources.

     4.   On October 7, 2002, the  New York Office sent a  Notice 
          of Violation for failure to conduct required weekly and 
          monthly EAS  tests,  and  failure to  monitor  two  EAS 
          sources, by  First  Class  and  Certified  Mail  Return 
          Receipt Requested, to Cablevision of Newark.

     5.   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 testing from 
          January 5, 2002 to August 24, 2002, and compliance with 
          required EAS monthly  testing from January  5, 2002  to 
          August 31, 2002.

     6.   Since Cablevision's response to the Notice of Violation 
          differed with the information obtained by a  Commission 
          agent during the station inspection, the agent obtained 
          station records  from  station  WFME(FM),  Newark,  NJ, 
          Cablevision's primary  source.  Based  on a  review  of 
          those records, he determined that Cablevision:
a)   Failed to conduct required monthly  tests of the EAS  header 
  codes,  Attention Signal,  Test Script  and  EOM code  for  the 
  months of June 2002 and August 2002.
b)   Failed to maintain station  records of required monthly  EAS 
  tests received  for the months  of June 2002  and August  2002, 
  and log reasons why EAS tests were not received.
c)   Failed to maintain  station records of  required weekly  EAS 
  tests received  for the weeks of May  5, 2002 to May 18,  2002, 
  and August 4, 2002 to August 24, 2002, and log reasons why  EAS 
  tests were not received.

                        III.  DISCUSSION

     7.   Section  11.61(a)(1)(iii)  of  the  Commission's  Rules 
          requires cable stations to conduct monthly tests of the 
          EAS header codes, Attention Signal, Test Script and EOM 
          code that  conforms  to  procedures  in  EAS  Operating 
          Handbook, and  Section  11.61(a)(1)(v)2 of  the  Rules. 
          Cablevision's  station  records  failed  to  show  that 
          required  monthly  tests  of  the  EAS  header   codes, 
          Attention  Signal,  Test  Script  and  EOM  code   were 
          conducted for the months of June 2002 and August 2002.

     8.   Section 11.61(b)  of  the Commission's  Rules  requires 
          cable stations to  make entries in  station records  of 
          monthly and weekly  EAS tests  received.  Entries  were 
          not made  in  the station  records  to show  EAS  tests 
          received for the weeks of May 5, 2002 to May 18,  2002, 
          and August 4, 2002 to  August 24, 2002, or reasons  why 
          required weekly EAS tests were not received.

     9.   Based  on  the  evidence   before  us,  we  find   that 
          Cablevision of Newark  willful3 and repeated4  violated 
          Sections 11.61(a)(1)(iii) and 11.61(b) of the Rules  by 
          failing to conduct  required monthly tests  of the  EAS 
          header codes,  Attention Signal,  Test Script  and  EOM 
          codes for the months of June 2002 and August 2002,  and 
          by failing  to  log  entries of  reasons  why  required 
          weekly EAS tests were not received for the weeks of May 
          5, 2002 to May 18, 2002,  and August 4, 2002 to  August 
          24, 2002.

     10.  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'')5,  sets  the   base 
          forfeiture  amount   for  failure   to  make   required 
          measurements or conduct required monitoring 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 Communications 
          Act of 1934, as amended,6 (the ``Act''), 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

     11.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
          503(b) of the Act7 and  Sections 0.111, 0.311 and  1.80 
          of the Rules,8 Cablevision of Newark 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 11.61(b) of the Commission's Rules.

     12.  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 of Newark SHALL PAY the full amount of  the 
          proposed forfeiture or SHALL  FILE a written  statement 
          seeking  reduction  or  cancellation  of  the  proposed 
          forfeiture.

     13.  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. 200332380013 and FRN: 0003-7361-39. 
     14.  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. 200332380013. 

     15.  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.

     16.  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. 20554.9


     17.  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.

     18.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
          APPARENT LIABILITY  shall  be sent  by  Certified  Mail 
          Return Receipt Requested to Cablevision of Newark,  One 
          Media Crossways,  Woodbury, NY  11797,  and a  copy  to 
          Piper Rudnick, 1200 Nineteenth Street, N.W. Washington, 
          D.C. 20036-2412.

                                FEDERAL COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office





Attachment A:  Condensed List of Small Entities.
_________________________

1 47 C.F.R.  11.61(a)(1)(iii), and 11.61(b).
2 47 C.F.R.  11.61(a)(1)(v).

3 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).
4
 Section 312(f)(2), which also applies to Section 503(b), 
provides:  [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.

5 47 C.F.R.  1.80.
6
 47 U.S.C  503(b)(2)(D).
7
 47 U.S.C.  503(b).
8
 47 C.F.R.  0.111, and 0.311.
9
 See 47 C.F.R.  1.1914.