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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )       File No. EB-02-NY-236
Cablevision Systems of New York City Corporation  )
                                )       NAL/Acct. No. 
200332380016
Bethpage, NY                    )
                                )       FRN: 0004-5055-66


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:   February  14, 
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  Systems of New York  City 
     Corporation  (``Cablevision'')   has   apparently   violated 
     Sections 11.61(a)(1)(iii),  11.61(a)(2)(i)(B), and  11.61(b) 
     of the Commission's  Rules (the ``Rules''),1  by failing  to 
     conduct required monthly and  weekly 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 October 17, 2002, Commission agents conducted an EAS 
     inspection of Cablevision's head end location at 9502 Avenue 
     D, Brooklyn, NY 11236.  Based upon the agents' inspection of 
     Cablevision's  station   records,   they   determined   that 
     Cablevision failed to conduct required monthly tests of  the 
     EAS header  codes, Attention  Signal, Test  Script, and  EOM 
     code for the months of July 2002 and August 2002, and failed 
     to conduct required weekly tests  of the EAS header and  EOM 
     codes from July 1,  2002 to September 7,  2002, and for  the 
     week  of  September  15-21,  2002.   They  also  found  that 
     Cablevision  had  failed  to  maintain  station  records  of 
     required monthly  and  weekly  EAS tests  received  for  the 
     months of July 2002  and August 2002, and  weeks of July  1, 
     2002 through September 14, 2002,  and state reasons why  EAS 
     tests were not received.

  3.      On October 25, 2002, the New York Office sent a  Notice 
     of Violation  for failure  to conduct  and receive  required 
     monthly and weekly EAS tests, and failure to have  installed 
     an operational EAS system, by First Class and Certified Mail 
     Return Receipt Requested, to Cablevision. 

4.   On November 18, 2002, the  New York Office received a  reply 
to the Notice  of Violation  from Paul W.  Jamieson, counsel  for 
Cablevision, acknowledging  that  Cablevision failed  to  receive 
monthly and weekly tests for the time periods in question.

                        III.  DISCUSSION

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

  6.      Section 11.61(a)(2)(i)(B) of  the Rules requires  cable 
     systems to conduct weekly  tests of the  EAS header and  EOM 
     codes at  least  once  a  week at  random  days  and  times.  
     Cablevision's station records failed  to show that  required 
     weekly tests were conducted from  July 1, 2002 to  September 
     7, 2002, and for the week of September 15-21, 2002

  7.      Section 11.61(b)  of  the Commission's  Rules  requires 
     cable stations to make entries in station records of  weekly 
     and monthly EAS  tests received.  There  were no entries  in 
     the station  records  indicating  reasons  why  monthly  and 
     weekly EAS tests were not received.

  8.      Based  on  the  evidence   before  us,  we  find   that 
     Cablevision willfully3  and  repeatedly4  violated  Sections 
     11.61(a)(1)(iii), 11.61(a)(2)(i)(B),  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 
     code for the months of July 2002 and August 2002, by failing  
     to conduct required weekly tests  of the EAS header and  EOM 
     codes from July 1 to September 7, 2002, and September 15-21, 
     2002, and by failing to  log entries indicating reasons  why 
     required monthly EAS tests were not received for the  months 
     of July 2002 and August, 2002, and weekly EAS tests were not 
     received from July 1, 2002 to September 14, 2002.

  9.      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  $1,000.   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,6 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

  10.     Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
     503(b) of  the  Communications  Act of  1934,  as  amended,7 
     (``Act'') and  Sections 0.111, 0.311 and 1.80 of the Rules,8 
     Cablevision 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), 11.61(a)(2)(i)(B),  and  11.61(b)  of  the 
     Commission's Rules.

  11.     IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
     the Rules, within thirty  days of the  release date of  this 
     NOTICE OF APPARENT LIABILITY, Cablevision SHALL PAY the full 
     amount of the  proposed forfeiture or  SHALL FILE a  written 
     statement seeking reduction or cancellation of the  proposed 
     forfeiture.

12.  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. 200332380016 and FRN: 0004-5055-66.

  13.     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. 200332380016.

  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. 20554.9

  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,  1200 Nineteenth Street,  N.W. 
     Washington, D.C. 20036-2412.


                                FEDERAL COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office


Attachment A - FCC List of Small Entities, October 2002 

_________________________

1 47 C.F.R.  11.61(a)(1)(iii), 11.61(a)(2)(i)(B) 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
 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.  
312(f)(2).

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.