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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Verizon Pennsylvania, Inc. ) File No. EB-11-PA-0139

   Physical System ID # 020696 )

   Upper Moreland Township, Pennsylvania ) NOV No. V201132400033


   . )

                              NOTICE OF VIOLATION

   Released: August 23, 2011

   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 Verizon Pennsylvania, Inc.
       ("Verizon"), the operator of a cable system in Upper Moreland
       Township, Pennsylvania.

    2. On July 27, 2011, an agent of the Commission's Philadelphia Office
       inspected the Emergency Alert System ("EAS") equipment located at the
       Verizon headend at 17 East Oregon Avenue, Philadelphia, Pennsylvania,
       and observed the following violation:

   47 C.F.R. S: 11.35(a): "...EAS Participants must determine the cause of
   any failure to receive the required tests or activations specified in
   sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons
   why any tests were not received must be made in the ... cable system
   records as specified in S:S: 76.1700, 76.1708, and 76.1711 of this
   chapter." At the time of the inspection, there were no entries in
   Verizon's EAS logs indicating the reasons why the required weekly tests
   were not received from WMGK between July 4, 2011 and July 26, 2011, and
   between June 1, 2011 and June 22, 2011.

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       broadcasters play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its regulatees. Pursuant to section 403 of the
       Communications Act of 1934, as amended, and section 1.89 of the
       Commission's Rules, we seek additional information concerning the
       violation(s) and any remedial actions the station may have taken. 
       Therefore, Verizon must submit a written statement concerning this
       matter within twenty (20) days of release of this Notice. The response
       (i) must fully explain each violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct each violation and preclude
       recurrence, and (iii) must include a time line for completion of any
       pending corrective action(s). The response must be complete in itself 
       and must not be abbreviated by reference to other communications or
       answers to other notices.

    4. In accordance with section 1.16 of the Commission's Rules, we direct
       Verizon to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Verizon with personal knowledge of the
       representations provided in Verizon's response, verifying the truth
       and accuracy of the information therein, and confirming that all of
       the information requested by this Notice which is in the licensee's
       possession, custody, control, or knowledge has been produced. To
       knowingly and willfully make any false statement or conceal any
       material fact in reply to this Notice is punishable by fine or
       imprisonment under Title 18 of the U.S. Code.

    5. 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

    6. This Notice shall be sent to Verizon at its address of record.

    7. 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.


   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.

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's Rules provides that "[a]ny document to be
   filed with the Federal Communications Commission and which is required by
   any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

                       Federal Communications Commission


                       Federal Communications Commission