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