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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-KC-764
Mediacom ) NAL/Acct. No.200332560002
Owner of Cable Television System ) FRN 0007-7421-41
Serving Jefferson City, Missouri )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: November 5, 2002
By the Enforcement Bureau, Kansas City Office:
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Mediacom, operator of the
cable television system serving Jefferson City, Missouri,
apparently liable for a forfeiture in the amount of eight
thousand dollars ($8,000) for willful and repeated violation
of Section 11.35 of the Commission's Rules (``Rules'').1
Specifically, we find Mediacom apparently liable for failure
to maintain operational Emergency Alert System (``EAS'')
2. On September 12, 2002, an agent of the Commission's
Kansas City Office, accompanied by Mr. Gilbert of Mediacom,
inspected the EAS installation for Mediacom's cable
television system serving Jefferson City, Missouri. The EAS
equipment was set to automatically receive, re-transmit and
log EAS tests. The most recent log entry for EAS data was
dated January, 2002. Mr. Gilbert had no explanation
regarding the equipment's failure to conduct and log tests.
3. Section 11.35 of the Rules states cable systems 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
systems are in operation. Cable systems must also determine
the cause of any failure to receive the required tests or
activations and make appropriate entries in the cable system
record. Section 76.1711 requires every cable system to keep
a record of each test and activation of the Emergency Alert
System (EAS) pursuant to the requirement of 47 C.F.R. Part
11 and the EAS Operating Handbook.2 Inspection on September
12, 2002, of Mediacom's EAS equipment and system records
showed that no required EAS tests had been conducted or
logged since January, 2002. In addition, the records
contained no entries explaining why the tests were not
conducted or that the EAS equipment had been taken out of
service for repair.
4. Based on the evidence before us, we find Mediacom
willfully3 and repeatedly4 violated Section 11.35 of the
Rules by failing to maintain operational EAS equipment from
January, 2002 until September 12, 2002.
5. Pursuant to Section 1.80(b)(4) of the Rules,5 the
base forfeiture amount for EAS equipment not installed or
operational is $8,000. In assessing the monetary forfeiture
amount, we must also take into account the statutory factors
set forth in Section 503(b)(2)(D) of the Communications Act
of 1934, as amended (``Act''), which include the nature,
circumstances, extent, and gravity of the violation, and
with respect to the violator, the degree of culpability, any
history of prior offenses, ability to pay, and other such
matters as justice may require.6 Considering the entire
record and applying the factors listed above, this case
warrants an $8,000 forfeiture.
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,7 and Sections 0.111, 0.311 and
1.80 of the Rules,8 Mediacom is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of eight
thousand dollars ($8,000) for willful and repeated violation
of Section 11.35 of the Rules by failing to maintain
operational EAS equipment.
7. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Mediacom SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
8. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the
Federal Communications Commission, to the Forfeiture
Collection Section, Finance Branch, Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.
The payment should note the NAL/Acct. No. and FRN referenced
above. Requests for payment of the full amount of this NAL
under an installment plan should be sent to: Chief, Revenue
and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.9
9. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street SW, Washington DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division and MUST INCLUDE THE
NAL/Acct. No. referenced above.
10. The Commission will not consider reducing or
canceling a forfeiture in response to a claim of inability
to pay unless the petitioner submits: (1) federal tax
returns for the most recent three-year period; (2) financial
statements prepared according to generally accepted
accounting practices (``GAAP''); or (3) some other reliable
and objective documentation that accurately reflects the
petitioner's current financial status. Any claim of
inability to pay must specifically identify the basis for
the claim by reference to the financial documentation
11. Under the Small Business Paperwork Relief Act of
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the
FCC is engaged in a two-year tracking process regarding the
size of entities involved in forfeitures. If you qualify as
a small entity and if you wish to be treated as a small
entity for tracking purposes, please so certify to us within
thirty (30) days of this NAL, either in your response to the
NAL or in a separate filing to be sent to the Technical &
Public Safety Division. Your certification should indicate
whether you, including your parent entity and its
subsidiaries, meet one of the definitions set forth in the
list provided by the FCC's Office of Communications Business
Opportunities (OCBO) set forth in Attachment A of this
Notice of Apparent Liability. This information will be used
for tracking purposes only. Your response or failure to
respond to this question will have no effect on your rights
and responsibilities pursuant to Section 503(b) of the
Communications Act. If you have questions regarding any of
the information contained in Attachment A, please contact
OCBO at (202) 418-0990.
12. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Mediacom, 1922 Southridge Dr.,
Jefferson City, MO 65109.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
Kansas City Office
1 47 C.F.R. § 11.35.
2 47 C.F.R. § 76.1711.
3 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed
under Section 503(b) of the Act, provides that ``[t]he term
`willful', when used with reference to the commission or
omission of any act, means the conscious and deliberate
commission or omission of such act, irrespective of any
intent to violate any provision of this Act . . . .'' See
Southern California Broadcasting Co., 6 FCC Rcd 4387-88
4 The term ``repeated,'' when used with reference to the
commission or omission of any act, ``means the commission or
omission of such act more than once or, if such commission
or omission is continuous, for more than one day.'' 47
U.S.C. § 312(f)(2).
5 47 C.F.R. § 1.80(b)(4).
6 47 U.S.C. § 503(b)(2)(D).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, 1.80.
9 See 47 C.F.R. § 1.1914.