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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.