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


In the Matter of                )
                                )       File No.  EB-03-NY-066
US Cable of Paramus-Hillsdale, LLC.     )
Montvale, NJ                    )       NAL/Acct. No. 
200332380023
                                )
                                )       FRN: 0007 2502 69


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:  September  18, 
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 US  Cable of Paramus-Hillsdale, LLC.  (``US 
Cable'')  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  test 
messages.  We conclude that US  Cable is apparently liable for  a 
forfeiture in the amount of three thousand dollars ($3,000).

                         II.  BACKGROUND

     2.   On May 14,  2003, a Commission  agent conducted an  EAS 
inspection of US  Cable's headend location  at 590 Valley  Health 
Plaza, Paramus, NJ 07652.  Based  upon the agent's inspection  of 
US Cable's station records, he determined that US Cable failed to 
conduct required monthly tests of the EAS header codes, Attention 
Signal, Test Script,  and EOM  code from December  2002 to  April 
2003, and  failed to  conduct required  weekly tests  of the  EAS 
header and EOM codes from December  1, 2002 to May 10, 2003.   US 
Cable failed to maintain EAS equipment so that it was capable  of 
receiving monthly EAS test messages  from December 2002 to  April 
2003.  The  agent also  found that  US Cable  failed to  maintain 
station records  of  required  monthly EAS  tests  received  from 
December 2002 to April 2003, and state reasons why EAS tests were 
not received.

                        III.  DISCUSSION

     3.   Section  11.61(a)(1)(iii)  of  the  Commission's  Rules 
requires cable systems to conduct  required 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.  US Cable's station records showed that 
required monthly tests of the EAS header codes, Attention Signal, 
Test Script, and EOM code were not conducted  from December  2002 
to April 2003.  

     4.   Section 11.61(a)(2)(i)(B)  of  the  Commission's  Rules 
requires cable systems  to conduct required  weekly tests of  the 
EAS header and EOM codes at least once a week at random days  and 
times.  US Cable's  station records showed  that required  weekly 
tests of the  EAS header and  EOM codes were  not conducted  from 
December 1, 2002 to May 10, 2003.  

     5.   Section 11.61(b)  of  the Commission's  Rules  requires 
cable systems to make entries  in station records of monthly  and 
weekly EAS tests received.  Entries were not made in the  station 
records of monthly EAS tests received from December 2002 to April 
2003, or reasons why required EAS tests were not received. 

     6.   Based on the evidence before us, we find that, US Cable 
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 from December  2002 to  April 
2003, failing to conduct required weekly tests of the EAS  header 
and EOM codes from December 1, 2002 to May 10, 2003, and  failing 
to log entries of reasons why required monthly EAS tests were not 
received from December 2002 to April 2003.

     7.   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 Communications Act of  1934, as amended,6 (``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

     8.   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 Commission's Rules8, US 
Cable 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.

     9.   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, US Cable  SHALL PAY the  full 
amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     10.  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. 200332380023 and FRN: 0007 2502 69. 

     11.  Any response  to this  NAL must  be mailed  to  Federal 
Communications   Commission,    Enforcement   Bureau,    Spectrum 
Enforcement Division,  445 12th  Street, S.W.,  Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200332380023. 

     12.  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.  

     13.  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

     14.  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 Spectrum Enforcement  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.

     15.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to US Cable of  Paramus-Hillsdale, LLC., 28 West  Grand 
Avenue, Montvale, NJ 07645.  

                                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 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.

547 C.F.R.  1.80.
6
47 U.S.C.  503(b)(2)(D).
7
 47 U.S.C.  503(b).

847 C.F.R.  0.111, and 0.311.

9 See 47 C.F.R.  1.1914.