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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Cequel III Communications I LLC ) File No. EB-11-SF-0271

   Cable System Operator )

   Community Unit ID: CA1307 )

   Physical System ID: 014049 ) NOV No. V201232960016

   Shaver Lake, CA )


                              NOTICE OF VIOLATION

   Released: December 22, 2012

   By the District Director, San Francisco Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Cequel III Communiations I LLC
       ("Cequel") operator of a cable system in Shaver Lake, California. This
       Notice may be combined with a further action, if further action is

    2. On September 28, 2011 an agent of the Enforcement Bureau's San
       Francisco Office inspected Cequel's cable system located in Shaver
       Lake, California, and observed the following violation(s):

     a. a. 47 C.F.R. S: 11.15: "The EAS Operating Handbook states in summary
        form the actions to be taken by personnel at EAS Participant
        facilities upon receipt of an EAN, an EAT, tests, or State and Local
        Area alerts. It is issued by the FCC and contains instructions for
        the above situations. A copy of the Handbook must be located at
        normal duty positions or EAS equipment locations when an operator is
        required to be on duty and be immediately available to staff
        responsible for authenticating messages and initiating actions." At
        the time of the inspection, the agent found that no EAS Operating
        Handbook was available.

     b. 47 C.F.R. S: 11.35(a): "EAS Participants are responsible for ensuring
        that EAS Encoders, EAS Decoders and Attention Signal generating and
        receiving equipment used as part of the EAS are installed so that the
        monitoring and transmitting functions are available during the times
        the stations and systems are in operation. Additionally, EAS
        Participants must determine the cause of any failure to receive the
        required tests or activations specified in Sec. 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 Sections 76.1700, 76.1708, and 76.1711 of this chapter." At the
        time of the inspection, personnel were unable to demonstrate to
        agents that the EAS encoder and decoder were functional.

     c. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS
        sources. The monitoring assignments of each broadcast station and
        cable system and wireless cable system are specified in the State EAS
        Plan and FCC Mapbook. They are developed in accordance with FCC
        monitoring priorities." A review of Cequel's EAS logs revealed that
        Cequel was monitoring only one EAS source.

     d. 47 C.F.R. S: 76.605(a)(12): "As an exception to the general provision
        requiring measurements to be made at subscriber terminals, and
        without regard to the type of signals carried by the cable television
        system, signal leakage from a cable television system shall be
        measured in accordance with the procedures outlined in 76.609(h) and
        shall be limited as follows: Over 54 MHz up to and including 216 MHz
        - 20 micro-volts per meter, measured at 3 meters." At the time of the
        inspection, the agent measured signal leakage in excess of 20 mV/m on
        the frequency of 133.2625 MHz at the following locations:

   1) 40675 Silvertip Ln. (underground) 299.88 uV/m

   2) Behind 41317 Tollhouse Rd (Hwy 168) 196.35 uV/m

   3) 42037 Buckeye 69.97 uV/m

     e. 47 C.F.R. S: 76.1708: "(a) The operator of every cable television
        system shall maintain for public inspection the designation and
        location of its principal headend. If an operator changes the
        designation of its principal headend, that new designation must be
        included in its public file. (b) Such records must be maintained in
        accordance with the provisions of Sec. 76.1700(b)." At the time of
        inspection, Cequel failed to provide documents with designation of
        the location of Cequel's principle headend.

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       cable operators play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its regulatees. We also must investigate
       violations of other rules that apply to cable operators.  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 violations and any remedial actions the station may
       have taken.  Therefore, Cequel 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
       Cequel to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Cequel with personal knowledge of the
       representations provided in Cequel'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

   San Francisco Office

   5653 Stoneridge Drive, Suite 105

   Pleasanton, CA 94588-8543

    6. This Notice shall be sent to Cequel III Communications I LLC 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.


   Thomas N. Van Stavern

   District Director

   San Francisco District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

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

   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