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                            Before the
                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   )


                                  Released: November 5, 2002

By the Enforcement Bureau, Kansas City Office:

                         I.  INTRODUCTION

     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'') 

                         II.  BACKGROUND

     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.

                      III.  DISCUSSION
     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 
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.   


                         Robert C. McKinney
                         District Director
                         Kansas City Office
                         Enforcement Bureau


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.