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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Comcast of New Mexico/Pennsylvania, Inc. )  File No.


   Farmington, New Mexico )  NOV No. V201432940013


   ) Physical System ID: 003686


                              NOTICE OF VIOLATION

   Released: December 19, 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  Comcast of New
       Mexico/Pennsylvania, Inc., (Comcast), operator of a cable system  in
       Farmington, New Mexico.   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 November 19, 2013, an agent of the Enforcement Bureau's San Diego
       Office inspected the Comcast cable system, located in Farmington, New
       Mexico, 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." A  required weekly test (RWT)  was
       transmitted by Comcast and the RWT was monitored by the San Diego
       Office agent from a hotel room at the Courtyard Marriott, 560 Scott
       Ave, Farmington, NM 87401. The RWT did not have Header or EOM codes.
       Subsequent conversations with Comcast representatives revealed that
       the EAS test was blocked by the Comcast owned and controlled
       multi-dwelling transport adaptor (MDTA) at the hotel.

    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, Comcast, 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  Comcast  to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Comcast  with personal knowledge of the representations provided in
       Comcast'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  Comcast of New Mexico/Pennsylvania,
       Inc.,  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 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