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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cable America Corporation ) File No. EB-05-SD-
103
)
Physical System ID # 012238 ) NOV No.
V20053294007
Mesa, Arizona )
)
)
NOTICE OF VIOLATION
Released: August
25, 2005
By the District Director, San Diego Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Cable America Corporation ("CAC"), operator of a cable
system in Mesa, Arizona.
2. On May 13, 2005, an agent from the Commission's San
Diego Office inspected CAC's cable television system located
in Mesa, Arizona and observed the following violation:
2.a. 47 C.F.R. § 11.61(a): Emergency alert system
(``EAS'') ``[t]ests shall be made at regular
intervals . . . [including] Required Monthly
Tests of the EAS header codes, Attention
Signal, Test Script and End of Message code.''
At the time of inspection, the cable system had
records of only seven Required Monthly Test
transmissions since January 2004.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, CAC 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 CAC. 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
San Diego Office
4542 Ruffner Street, Suite 370
San Diego, California 92111
4. This Notice shall be sent by Certified Mail/Return
Receipt Requested and regular mail to Cable America
Corporation at its 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
William R. Zears, Jr.
District Director
San Diego Office
Western Region
Enforcement Bureau
_________________________
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.