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

In the Matter of                )
Time Warner Cable               )            File  No.  EB-01-PL-

10210 Crosstown Circle          )
Eden Prairie, Minnesota         )            NAL/Acct.        No. 



                                             Released: May 3, 

By the Resident Agent, Saint Paul Office, Enforcement Bureau:

                        I.  Introduction

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find that Time  Warner Cable (``Time Warner'')  has 
apparently  violated  Sections  11.35(a),  11.61(a)(1)(iii),  and 
11.61(a)(2)(i)(B) of  the  Commission's Rules  (the  ``Rules'').1  
These violations occurred as a result of the failure of the  Time 
Warner  Cable  system  located  in  Eden  Prairie,  MN  to   have 
functional equipment capable of  receiving and sending  Emergency 
Alert System (``EAS'') alerts to subscribers, failure to transmit 
required weekly and monthly EAS tests, failure to have a copy  of 
the EAS  Handbook and  failure to  request authority  to  operate 
beyond a sixty  day period  without a  functioning EAS  receiver.  
The violations  include  failure to  have  operational  Emergency 
Alert System (``EAS'') equipment and  failure to conduct and  log 
required EAS tests.  We conclude  that Time Warner is  apparently 
liable for a forfeiture  in the amount  of four thousand  dollars 

                         II.  Background

2.     EAS  provides   the  capability  for   the  President   to 
  communicate emergency information  to the public in a  national 
  emergency.  It may also  be used by state and local  government 
  to  provide information  to their  residents in  case of  local 
  disasters.2   Cable  systems  must  participate  in  the  EAS.3  
  Cable systems with 10,000 or more subscribers were required  to 
  install EAS equipment  in accordance with Section 11.11 of  the 
  Rules by December 31, 1998.  Specifically, these cable  systems 
  must  install   and  operate  EAS   encoder  and  EAS   decoder 
  equipment.   In addition,  the  equipment must  be  capable  of 
  transmitting audio and video EAS messages on all channels.4
3.     On March  15, 2001, an agent  from the Commission's  Saint 
  Paul  Office inspected  the  facilities of  Time  Warner,  Eden 
  Prairie, MN,  to verify  compliance with  the Commission's  EAS 
  requirements.  .  The  agent's  inspection revealed  that  Time 
  Warner was in violation of several of the EAS rules.  Based  on 
  examination  of   EAS  records  at   Time  Warner,  the   agent 
  determined that during the period of January 10, 2001 to  March 
  14,  2001, Time  Warner  did  not have  fully  operational  EAS 
  equipment, was  unable to  monitor EAS  transmissions from  the 
  secondary source, failed to receive and log required EAS  tests 
  from  the secondary  source, and  failed  to transmit  and  log 
  required  weekly and  monthly  EAS tests.   In  addition,  Time 
  Warner did not have  a copy of the EAS Handbook and had  failed 
  to request authority from the FCC District Director to  operate 
  after March 10, 2001 with a defective EAS decoder. 

4.     On  March 16,  2001, Resident  Agent F.  M. Evans  of  the 
  Saint  Paul, Minnesota  Office  issued an  Official  Notice  of 
  Violation (``NOV'') to Time Warner for the violations he  found 
  during the March 15, 2001 inspection.  Evans cited Time  Warner 
  for  non-compliance with  Sections 11.15,  11.35(a),  11.35(c), 
  11.61(a)(1)(iii), and  11.61(a)(2)(i)(B), and 76.305(a) of  the 

5.     On  April  2,  2001, the  Saint  Paul  Office  received  a 
  response from  Time Warner dated March  28, 2001.  Time  Warner 
  acknowledged in its response that it had failed to comply  with 
  the  Commission's  EAS requirements,  and  detailed  corrective 
  steps  that it  had taken  to eliminate  the violations  (e.g., 
  repairing EAS equipment). 

                        III.  Discussion

6.     The Commission  assesses monetary forfeitures pursuant  to 
  Section 503(b) of  the Communications Act of 1934, as  amended, 
  (the ``Act'')6  as implemented in Section  1.80 of the  Rules.7  
  A  forfeiture  may  be  assessed  against  a  person  who   the 
  Commission  finds to  have willfully  or repeatedly  failed  to 
  comply  with  the   provisions  of  the  Act  or  the   Rules.8  
  ``Willful'' in this context means that the person knew that  he 
  was doing the act in question, regardless of intent to  violate 
  the provision.9  ``Repeated''  means commission or omission  of 
  an act  more than  once.10  Forfeiture amounts  are decided  in 
  accordance  with  Section  503(b)(2)  of  the  Act11  and   the 
  Commission's  forfeiture guidelines  in Section  1.80(b)(4)  of 
  the Rules.12

7.     We  conclude that  Time  Warner willfully  and  repeatedly 
  violated Sections 11.35(a) of the Rules. Time Warner failed  to 
  have  a  functional   EAS  receiver  that  would  receive   the 
  secondary  source during  the period  January 10  to March  14, 
  2001.  Time  Warner also failed to  maintain the EAS  equipment 
  in  such  condition  that  the  received  EAS  tests  would  be 
  automatically  re-transmitted  within 15  minutes  during  this 
  same period.  Operation of the system without the equipment  is 
  a willful  violation and it has been  repeated on all days  the 
  system operated from January  10, 2001 to March 14, 2001.   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''), sets  the 
  statutory  maximum   forfeituremaximum  forfeiture  amount   at 
  eight thousand  dollars ($8000) for  not having functional  EAS 
  equipment  installed.   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,13 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.   Although the record  reveals 
  that  Time Warner  has an  overall  history of  compliance  and 
  showed good faith  surrounding the violations by the  voluntary 
  disclosure of  information, the  violation was  not minor,  and 
  occurred  over  a  two  month  period.   Applying  the   Policy 
  Statement and  the statutory  factors to the  instant case  and 
  applying  the downward  adjustments, we  believe that  reducing 
  the  NALthe NAL to four thousand dollars ($4000) is warranted.

8.     Accordingly,  IT  IS ORDERED  THAT,  pursuant  to  Section 
  503(b) of  the Act, and Sections 0.111,  0.311 and 1.80 of  the 
  Rules,14 Time Warner  Cable is hereby NOTIFIED of its  APPARENT 
  LIABILITY  FOR A  FORFEITURE in  the  amount of  four  thousand 
  dollars  ($4,000)  for  failure  to  maintain  operational  EAS 
  equipment  and for  failing to  conduct  and log  the  required 
  monthly  and weekly  tests of  EAS,  in violation  of  Sections 
  11.35(a),  11.61(a)(1)(iii),   and  11.61(a)(2)(i)(B)  of   the 

9.     IT IS  FURTHER ORDERED THAT, pursuant  to Section 1.80  of 
  the  Rules, within  thirty days  of the  release date  of  this 
  full amount of the proposed forfeiture or SHALL FILE a  written 
  statement  seeking reduction  or cancellation  of the  proposed 

10.    Payment  of the  forfeiture may  be  made by  credit  card 
  through the Commission's  Credit and Debt Management Center  at 
  (202) 418-1995  or 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. 

11.    The  response,   if  any,  must   be  mailed  to   Federal 
  Communications  Commission, Enforcement  Bureau, Technical  and 
  Public  Safety Division,  445  12th Street,  S.W.,  Washington, 
  D.C. 20402 and MUST INCLUDE THE NAL/Acct. No. 200132280001. 

12.    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.

13.    Requests for payment of the full amount of this Notice  of 
  Apparent Liability  under an  installment plan  should be  sent 
  to: Chief, Revenue  and Receivables Operations Group, 445  12th 
  Street, S.W., Washington, D.C. 20554.15

14.    IT  IS FURTHER  ORDERED  THAT a  copy  of this  NOTICE  OF 
  APPARENT  LIABILITY shall  be sent  by Certified  Mail,  Return 
  Receipt  Requested,  to  Time  Warner  Cable,  10210  Crosstown 
  Circle, Eden Prairie, MN 55344.

                              FEDERAL COMMUNICATIONS COMMISSION

                              F. M. Evans, P.E.
                              Resident Agent
                              Saint Paul Office


1 47 C.F.R.  11.35(a), 11.61(a)(1)(iii), and 11.61(a)(2)(i)(B).

22 47 C.F.R.  11.1.

33 47 C.F.R.  11.11 & 11.41.

4 Id.

5 47 C.F.R.  11.15, 11.35(a), 11.35(c), 11.61(a)(1)(iii),  
and 76.305(a).

6 47 U.S.C.  503(b).

7 47 C.F.R. 1 .80.

8 47 C.F.R.  1.80(a)(2).

9 Section 312(f)(1), which also applies to Section 503(b), 
provides: [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 provisions of the Act or any rule or 
regulation of the Commission authorized by this Act or by a 
treaty ratified by the United States.  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991). Southern California 
Broadcasting Company, 6 FCC Rcd 4387, para. 5 (1991).

10 Section 312(f)(2), which also applies to Section 503(b), 
provides: [t]he 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.

11 47 U.S.C.  503(b)(2).

12 C.F.R.  1.80(b)(4).

13 47 U.S.C.  503(b)(2)(d).

14 47 C.F.R.  0.111, and 0.311.

15 See 47 C.F.R.  1.1914.