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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Etex Communications, L.P. ) FileNo.: EB-FIELDSCR-13-00006719

   Cable System Operator  )

   Gilmer, TX )

   Physical System No. 020632  )

   Community Unit No. TX2381 ) NOV No.: V201332500036


                              NOTICE OF VIOLATION

   Released: March 4, 2013

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

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Etex Communications, L.P.  ,
       operator of a cable system in Gilmer, Texas. Pursuant to Section
       1.89(a) of the Rules, issuance of this Notice 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 February 6, 2013, an agent of the Enforcement Bureau's Dallas
       Office inspected the cable system located at Gilmer, Texas, and
       observed the following violation(s):

     a. 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."  At the time of the
        inspection, the EAS equipment was not fully operational. During a
        demonstration, the EAS equipment would not transmit the required
        audio and video messages from the encoder to the cable channels.

     b. 47 C.F.R. S 76.1700(a): "Records to be maintained by cable system
        operators - The operator of every cable television system having 5000
        or more subscribers shall maintain for public inspections a file
        containing a copy of all records which are required to be kept by
        (76.1701 (political file); 76.1715 (sponsorship identification);
        76.1702 (EEO records available for public inspection), 76.1703
        (commercial records for children's programming)..." At the time of
        the inspection, Etex Communications, L.P. did not have copies of the
        following records: 76.1701 (political file); 76.1715 (sponsorship
        identification); 76.1702 (EEO records available for public
        inspection), and 76.1703 (commercial records for children's

    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.

    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, Etex Communications, L.P., 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 Etex
       Communications, L.P.  to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Etex Communications, L.P.  with personal
       knowledge of the representations provided in Etex Communications, L.P.
       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, TX, 75243

    7. This Notice shall be sent to Etex Communications, L.P.  at its address
       of record.

    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