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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )       File No. EB-02-NY-217
                                )
Cablevision Systems of New York City Corporation  )    NAL/Acct. 
No. 200332380008
                                )
Bethpage, NY                    )       FRN: 0004-5055-66


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:   December  30, 
2002

By the District Director, New York Office, Enforcement Bureau:

                         I.   INTRODUCTION

       I.1.    In  this   Notice   of  Apparent   Liability   for 
          Forfeiture  ("NAL"), we find  that Cablevision  Systems 
          of  New  York City  Corporation  (``Cablevision'')  has 
          apparently  violated   Sections  11.61(a)(1)(iii)   and 
          11.61(b)  of the Commission's  Rules (the  ``Rules''),1 
          by  failing to conduct  required monthly  tests of  the 
          Emergency  Alert   System  (``EAS'')  and  failing   to 
          maintain  station   records  of  required  weekly   and 
          monthly   EAS  tests   received.   We   conclude   that 
          Cablevision is  apparently liable for  a forfeiture  in 
          the amount of three thousand dollars ($3,000).

                         II.  BACKGROUND

       I.2.    On  September   17,  2002,   a  Commission   Agent 
          inspected Cablevision  located at 1315 Seabury  Avenue, 
          Bronx,  NY   10461,  to  verify  compliance  with   the 
          Commission's EAS requirements.  The agent's  inspection 
          of   Cablevision's   station   records   showed    that 
          Cablevision:
  (a)     Failed to conduct required weekly EAS tests from  April 
     13, 2002 to August 29, 2002.
  (b)     Failed to conduct required monthly EAS tests from March 
     3, 2002 to July 3, 2002.
  (c)     Failed to  install and  maintain the  EAS equipment  so 
     that it is capable of receiving EAS test messages from April 
     13, 2002 to July 3, 2002.

       I.3.    On October 7,  2002, the  New York  Office sent  a 
          Notice of Violation for failure to conduct and  receive 
          required EAS tests  to Cablevision, by First Class  and 
          Certified Mail Return Receipt Requested.

     4.   On October 21,  2002, the  New York  Office received  a 
reply to the Notice of  Violation from Paul W. Jamieson,  counsel 
for Cablevision, stating that Cablevision showed compliance  with 
required EAS weekly and monthly  testing through April 12,  2002, 
but because of printer problems,  the printer was out of  service 
for repairs.

    5.    The  Commission  agent's  inspection  of  Cablevision's 
          station records on September 17, 2002, showed that  the 
          EAS printer was sent out  for repairs on June 3,  2002.  
          However, the  station records  from April  13, 2002  to 
          July 3, 2002, failed to show that required monthly  EAS 
          tests were conducted, and  required weekly and  monthly 
          EAS tests were received.

                         III. DISCUSSION

    6.    Section  11.61(a)(1)(iii)  of  the  Commission's  Rules 
          requires that cable stations conduct monthly EAS  tests 
          that conform to  procedures in the  EAS Operating  Hand 
          Book.   Section  11.61(b)  of  the  Commission's  Rules 
          requires cable stations to maintain station records  of 
          weekly and monthly  EAS tests  received and  conducted.  
          The September  17,  2002  inspection  of  Cablevision's 
          station  records  failed  to  show  that  required  EAS 
          monthly tests were conducted from March 3, 2002 to July 
          3, 2002, and required weekly and monthly EAS tests were 
          received from April 13, 2002 to July 3, 2002.

    7.    Based  on  the  evidence   before  us,  we  find   that 
          Cablevision failed to conduct the required monthly  EAS 
          tests from March 3, 2002 to July 3, 2002, and failed to 
          maintain station records of required weekly and monthly 
          EAS tests received from April 13, 2002 to July 3, 2002, 
          in  willful2  and   repeated3  violation  of   Sections 
          11.61(a)(1)(iii) and 11.61(b) of the Rules.

    8.    The  Commission's  Forfeiture   Policy  Statement   and 
          Amendment of Section 1.80  of the Rules to  Incorporate 
          the Forfeiture  Guidelines,  12 FCC  Rcd  17087,  17113 
          (1997),   recon.   denied,   15   FCC   Rcd   303(1999) 
          (``Forfeiture  Policy  Statement''),4  sets  the   base 
          forfeiture  amount   for  failure   to  make   required 
          measurements or  conduct  required  monitoring  of  EAS 
          tests at  $2,000, and  base forfeiture  for failure  to 
          maintain required records at  $1000.  In assessing  the 
          monetary forfeiture amount, we  must take into  account 
          the statutory factors set forth in Section 503(b)(2)(D) 
          of the Act,5 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.    Applying   the 
          Forfeiture Policy Statement  and the statutory  factors 
          to  the  instant  case   and  applying  the   inflation 
          adjustments, we believe  that a  three thousand  dollar 
          ($3,000) monetary forfeiture is warranted.

                      IV. ORDERING CLAUSES

    9.    Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
          503(b) of the Act6 and  Sections 0.111, 0.311 and  1.80 
          of the Commission's Rules,7 Cablevision Systems of  New 
          York City  Corporation  is  hereby  NOTIFIED  of  their 
          APPARENT LIABILITY FOR  A FORFEITURE in  the amount  of 
          three  thousand  dollars   ($3,000)  for  willful   and 
          repeated violations  of Sections  11.61(a)(1)(iii)  and 
          11.61(b).

    10.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
          the Commission's  Rules,  within  thirty  days  of  the 
          release date  of  this NOTICE  OF  APPARENT  LIABILITY, 
          Cablevision Systems of New York City Corporation  SHALL 
          PAY the full amount of the proposed forfeiture or SHALL 
          FILE  a   written   statement  seeking   reduction   or 
          cancellation of the proposed forfeiture.

    11.   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. 200332380008 and FRN: 0004-5055-66.

    12.   Any response  to this  NAL must  be mailed  to  Federal 
          Communications    Commission,    Enforcement    Bureau, 
          Technical and Public Safety Division, 445 12th  Street, 
          S.W., Washington,  D.C.  20554  and  MUST  INCLUDE  THE 
          NAL/Acct. No. 200332380008

    13.   .

    14.   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 submitted.

    15.   Requests for payment of the full amount of this  Notice 
          of Apparent Liability under an installment plan  should 
          be sent  to: Chief  Revenue and  Receivable  Operations 
          Group, 445 12th Street, S.W., Washington, D.C. 20554.8

    16.   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 and 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.

    17.   IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
          APPARENT LIABILITY  shall  be sent  by  Certified  Mail 
          Return Receipt Requested to Cablevision Systems of  New 
          York City Corporation,  1111 Stewart Avenue,  Bethpage, 
          NY 11714-3581, and  a copy to  Piper Rudnick LLP,  1200 
          Nineteenth Street, N.W. Washington, D.C. 20036-2412.

                                FEDERAL COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office


Attachment A - FCC List of Small Entities, October 2002
_________________________

1 47 C.F.R.  11.61(a)(1)(iii) and 11.61(b)
2 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 (1991).
3
 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).
4
 47 C.F.R.  1.80.
5
 47 U.S.C  503(b)(2)(D) 
6
 47 U.S.C.  503(b)
7
 47 C.F.R.  0.111, and 0.311.
8
 See 47 C.F.R.  1.1914.