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 )
)
Brownwood Television Cable Service Inc. )
File No. EB-04-DL-045 )
Owner of cable system serving Brownwood, TX )
Physical System #1547 ) NOV No. V20043250006
)
Brownwood, Texas )
NOTICE OF VIOLATION
Released: June 14,
2004
By the District Director, Dallas Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to Brownwood
Television Cable Service Inc., owner of the cable system serving
Brownwood, Texas.
2. On February 19, 2004, an agent of the Commission's
Dallas Office inspected the cable television system serving
Brownwood, Texas, and observed the following violations:
47 C.F.R. § 11.35(a): ``Equipment operational
readiness. ...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.
Additionally ... cable systems ...must determine the
cause of any failure to receive the required tests or
activations specified in §§ 11.61(a)(1) and (2).
Appropriate entries must be made in the cable system
record as specified in §§ 76.1700, 76.1708 and 76.1711
of this chapter ... indicating reasons why any tests
were not received.'' The EAS encoder / decoder would
not retain the current date and there was no entry in
the cable system record stating when the problem was
first noted. Also, the cable system record did not
address absent EAS test receptions.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
Brownwood Television Cable Service 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
Dallas Office
9330 LBJ Freeway, #1170
Dallas, Texas 75243
4. Failure to respond to this Notice constitutes a
separate violation that could result in additional penalties,
including monetary forfeiture.
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
your 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
6. This Notice shall be sent to Brownwood Television Cable
Service Inc., 1420 Layton Ave., Fort Worth, Texas 76117.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas Office
RED
_________________________
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