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Federal Communications Commission
___________________________________________________________-
_________________________
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cox Communications, Inc. )
Community Unit # AR0047
) File No. EB-
00-OR-106
El Dorado, Arkansas ) NAL/Acct.No. X3262011
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released:
August 8, 2000
By the Enforcement Bureau, New Orleans Field Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for
Forfeiture, we find that Cox Communications, Inc.,
(``Cox''), operator of a cable television system in El
Dorado, Arkansas, has apparently violated Section 11.35(a)
of the Commission's Rules (``Rules'') by failing to have
Emergency Alert System (``EAS``) equipment in operation.1
We conclude that Cox is apparently liable for forfeiture in
the amount of four thousand dollars ($4,000).
II. BACKGROUND
2. On June 22, 2000, an agent from the Commission's
New Orleans Field Office (``Field Office'') inspected a
cable television system operated by Cox in El Dorado,
Arkansas and found that the EAS equipment, while installed
in an equipment rack, was not operational.
3. On June 28, 2000, the Field Office sent Cox a
Notice of Violation (``NOV'') for not having EAS equipment
installed and operational so that the monitoring and
transmitting functions were available. On July 10, 2000, Cox
submitted a reply to the NOV. In their reply, Cox stated
that although the EAS equipment was not fully operational at
the time of the inspection because of work being done at the
headend, immediately after the FCC agent left the facility,
all available personnel were assigned to remedy the
situation. Cox further stated that by 10:00 AM the next
morning, the system was fully operational and functioning,
bringing the system into full compliance with FCC rules.
III. DISCUSSION
4. Section 11.35(a) of the Rules states that,
``[b]roadcast stations and cable systems and wireless 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 stations and systems are in operation.'' At
the time of inspection, Cox personnel acknowledged that the
EAS equipment was not operational.
5. Based on the evidence before us, we find that Cox
willfully2 violated Section 11.35(a) of the Rules. Pursuant
to Section 1.80 of the Rules, Guidelines for Assessing
Forfeitures, 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 (``Act''), as amended, which
include the nature, circumstances, extent, and gravity of
the violation(s), 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.3 Taking these factors into account, we are
reducing the forfeiture to $4,000 as all the necessary EAS
equipment was installed, but not yet operational due to
extensive work being done at the system's headend. Applying
Section 1.80 of the Rules and the statutory factors to the
instant case, a $4,000 forfeiture is warranted.
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,4 and Sections 0.111, 0.311 and
1.80 of the Rules,5 Cox Communications, Inc., is hereby
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the
amount of four thousand dollars ($4,000) for violating
Section 11.35(a) of the Rules, 47 C.F.R. § 11.35(a).
7. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules,6 within thirty days of the release date
of this NOTICE OF APPARENT LIABILITY, Cox Communications,
Inc., 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 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. X3262011.
9. The response if any must be mailed to Office of
the Secretary, Federal Communications Commission, 445 12th
Street, S.W., Washington, D.C. 20554, ATTN: Enforcement
Bureau - TPSD, NAL/Acct. No. X3262011, and must include the
NAL/Acct. No. X3262011.
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; 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.
11. Requests for payment of the full amount of this
Notice of Apparent Liability under an installment plan
should be sent to: Chief, Credit and Debt Management Center,
445 12th Street, S.W., Washington, D.C. 20554.7
12. IT IS FURTHER ORDERED THAT a copy of this NOTICE
OF APPARENT LIABILITY shall be sent by Certified Mail,
Return Receipt Requested, to Cox Communications, Inc., 1127
North Madison, El Dorado, Arkansas, 71730.
FEDERAL COMMUNICATIONS COMMISSION
James C. Hawkins
District Director
New Orleans Field Office
_________________________
1 47 C.F.R.§11.35(a).
2 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to 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 47 U.S.C. § 503(b)(2)(D).
4 47 U.S.C. § 503(b).
5 47 C.F.R. §§ 0.111, 0.311, 1.80.
6 47 C.F.R. § 1.80.
7 See 47 C.F.R. § 1.1914.