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                 )
                                 )
Qwest Broadband Services Inc.    )         File No. EB-05-
KC-019
Operator of Cable Television System        )
Physical System ID # 016369      )         NOV           No. 
V20053256002
Omaha, Nebraska                  )
                                 
                     NOTICE OF VIOLATION

                                   Released: March 7, 2005

By the District Director, Kansas City Office, South Central 
Region, Enforcement Bureau:

    1.    This is a Notice of Violation ("Notice") issued 
      pursuant to Section 1.89 of the Commission's Rules,1 
      to Qwest Broadband Services Inc., operator of a cable 
      system serving Omaha, NE.

    2.    On March 1, 2005, an agent of the Commission's 
      Kansas City Office inspected the cable system serving 
      Omaha, Nebraska and observed the following 
      violations:

   2.a.      47 C.F.R. § 11.52(d): ``Broadcast stations 
             and cable systems and wireless cable 
             systems must monitor two EAS sources.''  

             At the time of the inspection, only KFAB 
             was monitored as evidenced by listening to 
             input sources on the EAS encoder/decoder 
             and observations made at the EAS receiver. 

   2.b.      47 C.F.R. § 76.1702: ``(a) Every 
             employment unit with six or more full-time 
             employees shall maintain for public 
             inspection a file containing copies of all 
             EEO program annual reports filed with the 
             Commission pursuant to § 76.77 and the 
             equal employment opportunity program 
             information described in paragraph (b) of 
             this section. These materials shall be 
             placed in the unit's public inspection 
             file annually by the date that the unit's 
             EEO program annual report is due to be 
             filed and shall be retained for a period 
             of five years. The file shall be 
             maintained at the central office and at 
             every location with six or more full-time 
             employees. A headquarters employment unit 
             file and a file containing a consolidated 
             set of all documents pertaining to the 
             other employment units of a multichannel 
             video programming distributor that 
             operates multiple units shall be 
             maintained at the central office of the 
             headquarters employment unit. The 
             multichannel video programming distributor 
             shall provide reasonable accommodation at 
             these locations for undisturbed inspection 
             of its equal employment opportunity 
             records by members of the public during 
             regular business hours.
      
             At the time of the inspection, only the 
             March 2004 EEO report was available during 
             the inspection. 

   2.c.      47 C.F.R. § 76.1703: ``Cable operators 
             airing children's programming must 
             maintain records sufficient to verify 
             compliance with §76.225 and make such 
             records available to the public. Such 
             records must be maintained for a period 
             sufficient to cover the limitations period 
             specified in 47 U.S.C. 503(b)(6)(B).''  

             At the time of inspection there were no 
             records available for inspection.

   2.d.      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.''

             At the time of inspection the most current 
             records available were dated for the year 
             2003.



    3.    Pursuant to Section 308(b) of the Communications 
      Act of 1934, as amended,2 and Section 1.89 of the 
      Commission's Rules, Qwest Broadband Services Inc., 
      must submit a written statement concerning this 
      matter within twenty (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.  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
                  Kansas City Office
                  520 N.E. Colbern Rd.
                  2nd Floor
                  Lees Summit, MO  64086







    4.    This Notice shall be sent to Qwest Broadband 
      Services Inc. at the address of record.

    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



                          

                         

                         Robert C. McKinney
                         District Director
                         Kansas City District Office
                         South Central Region
                         Enforcement Bureau

_________________________

147 C.F.R. § 1.89.

247 U.S.C. § 308(b).
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.