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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   NPG Cable, LLC )  File No. EB-FIELDWR-13-00011915


   Flagstaff, Arizona )  NOV No. V201432940001


   ) Physical System ID: 003591


                              NOTICE OF VIOLATION

   Released: November 7, 2013

   By the District Director, San Diego Office, Western Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to  NPG Cable, LLC., (NPG),
       operator of a cable system  in Flagstaff, Arizona.   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
       violations noted herein.^

    2. On August 21, 2013, an agent of the Enforcement Bureau's San Diego
       Office inspected the NPG cable system, located in Flagstaff, Arizona,
       and observed the following violations:

    a. 47 C.F.R. S 11.61(a)(2)(i)(B): "Analog cable systems and digital cable
       systems with 5,000 or more subscribers per headend and wireless cable
       systems with 5,000 or more subscribers must conduct tests of the EAS
       Header and EOM Codes at least once a week at random days and times on
       all programmed channels." The required weekly test (RWT) conducted at
       the time of the inspection did not have Header or EOM codes.

    b. 47 C.F.R. S 11.61(b): "Entries shall be made in EAS Participant
       records, as specified in S11.35(a) and 11.54(a)(3)." NPG did not have
       any records for sending out required monthly test (RMT) for the period
       from January 1 to August 1, 2013. The station had no records or logs
       to suggest that EAS deficiencies were noticed or addressed.

    c. 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 S 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 observed leakage on the frequency of 133.2625
       MHz at the following location:

   1. Whispering Pine Motel, 860 E. Route 66, Flagstaff: 139 uV/m

    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.

    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, NPG, 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  NPG  to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       NPG  with personal knowledge of the representations provided in  NPG'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

   San Diego Office

   4542 Ruffner St., Room 370

   San Diego, CA 92111

    7. This Notice shall be sent to  NPG Cable, LLC.,   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 T. Lyon

   District Director

   San Diego  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 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