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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Carmel Cable Television, Inc. ) File No. EB-04-NY-
127
)
Carmel, NY ) NOV No.
V20043238019
NOTICE OF VIOLATION
Released: June 23,
2004
By the District Director, New York Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules, 1 to
Carmel Cable Television, Inc.
2. On June 9, 2004, an agent of the Commission's New York
Office inspected your station located in Carmel, New York,
and observed the following violation(s):
2.a. 47 C.F.R. § 76.1711: ``Every cable system of
1,000 or more subscribers shall keep a record
of each test and activation of the Emergency
Alert System (EAS) procedures pursuant to the
requirement of part 11 of this chapter and the
EAS Operating Handbook. These records shall be
kept for three years.'' During the period from
March 9 to June 9, 2004 there were no entries
of required EAS transmitted and received tests.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Carmel Cable Television, Inc., 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
action(s) taken to correct each violation and preclude
recurrence, and should include a time line for completion of
pending corrective action(s). 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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
4. This Notice shall be sent to Carmel Cable Television,
Inc., 21 Old Route 6, Carmel, NY 10512.
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
Daniel W. Noel
District Director
New York 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.