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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Buffalo Cable TV ) File No.: EB-FIELDSCR-12-00005066

   ) NOV No.: V201332500021


   Buffalo, Texas )

                              NOTICE OF VIOLATION

   Released: November 29, 2012 

   By the District Director, Dallas Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules) to Buffalo Cable TV in Buffalo,
       Texas. Pursuant to Section 1.89(a) of the Rules, issuance of this NOV
       does not preclude the Enforcement Bureau from further action if
       warranted, including issuing a Notice of Apparent Liability for
       Forfeiture for the violation(s) noted herein.

    2. On October 17, 2012, an agent of the Commission's Dallas Office
       inspected Buffalo Cable TV's cable system in Buffalo, Texas, and
       observed the following violation(s):

     a. 47 C.F.R. S: 11.35: "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." During the inspection,
        the agent observed that Buffalo Cable TV had not installed any EAS

     b. 47 C.F.R. S: 76.1801: "A system community unit shall be authorized to
        commence operation only after filing with the Commission [certain]
        information on FCC Form 322". The agent consulted the Commission's
        databases and determined that Buffalo Cable TV had not filed a FCC
        Form 322 to register its system.

    3. As the nation's emergency warning system, the EAS is critical to
       public safety, and we recognize the vital role that cable systems play
       in ensuring its success. The Commission takes seriously any violations
       of the Rules implementing the EAS and expects full compliance from its

    4. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Rules, we seek additional information
       concerning the violations and any remedial actions taken. Therefore
       Buffalo TV Cable 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.

    5. In accordance with Section 1.16 of the Rules, we direct Buffalo Cable
       TV to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Buffalo Cable TV with personal knowledge of the
       representations provided in Buffalo Cable TV'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.

    6. 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

   Dallas Office

   9330 LBJ Freeway, Suite 1170

   Dallas, Texas, 75243

    7. This Notice shall be sent to Buffalo Cable TV at its address of

    8. 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.


   James D. Wells

   District Director

   Dallas District Office

   South Central 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 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