Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Comcast Cablevision of Garden State, LP ) File No. EB-04-
PA-055
)
Philadelphia, Pennsylvania ) NOV No. V20043240013
)
NOTICE OF VIOLATION
Released: March 19,
2004
By the District Director, Philadelphia Office, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Comcast Cablevision of Garden State, LP (``Comcast''), the
operator of a cable system in Pennsauken, New Jersey.
2. On March 10, 2004, an agent of the Commission's
Philadelphia Office inspected the Emergency Alert System
(``EAS'') at Comcast's head-end in Audobon, New Jersey.
This is the principal head-end that serves the Pennsauken,
New Jersey community. During the inspection, the
Philadelphia Office found the following violation:
47 C.F.R. § 11.52(d): ``Broadcast stations and
cable systems and wireless cable systems must
monitor two EAS sources. The monitoring
assignments of each broadcast station, cable
system and wireless cable system are specified
in the State EAS Plan and FCC Mapbook. They
are developed in accordance with FCC monitoring
priorities.'' Comcast was monitoring WPST 97.5
MHz, WKDN 106.9 MHz and the National Weather
Service for EAS activations. However, the New
Jersey Emergency Alert System Plan specifies
that a cable system serving Pennsauken, New
Jersey must monitor the following sources for
EAS activations in this priority:
2.a.i.1. The Local Primary 1 Station
WKDN 106.9 MHz, and
2.a.i.2. Either WABC 770 kHz in New
York City or one of the New Jersey
Networks FM radio stations (WNJS 88.1,
WNJB 89.3, WNJN 89.7, WNJZ 90.3, WNJT
88.1 WNJP 88.5).
2.a.i.3. The National Weather Service
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Comcast must submit a written statement concerning
this matter within 20 days of release of this Notice. The
response must fully explain each violation, must contain a
statement of the specific actions taken to correct each
violation and preclude recurrence, and should include a time
line for completion of pending corrective actions. The
response must be complete in itself and signed by a
principal or officer of the licensee with personal knowledge
of the matter. All replies and documentation sent in
response to this Notice should be marked with the File No.
and NOV No. specified above, and mailed to the following
address:
Federal Communications Commission
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Comcast Cablevision of
Garden State, L.P., Attn: Michael Taylor, 401 White Horse
Road, Suite 2, Voorhees, New Jersey 08043.
5. The Privacy Act of 19743 requires that we advise you
that the Commission will use all relevant material
information before it, including any information disclosed
in your reply, to determine what, if any, enforcement action
is required to ensure compliance. Any false statement made
knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the
U.S. Code.4
FEDERAL COMMUNICATIONS
COMMISSION
John E. Rahtes
District Director
Philadelphia Office
_________________________
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.