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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
COXCOM, INC. ) File No. EB-06-DL-071
)
Physical System ID # 003338 ) NOV No. V20063250010
Tulsa, Oklahoma )
)
)
NOTICE OF VIOLATION
Released: September 12, 2006
By the District Director, Dallas 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 COXCOM, INC., operator of the cable
system in Tulsa, Oklahoma.
2. On April 19, 2006, an agent of the Commission's Dallas Office
inspected the cable television system, located in Tulsa, Oklahoma, and
observed the following violation(s):
47 C.F.R. S 11.35(a): "Broadcast stations and cable systems and wireless
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, broadcast stations and cable systems and wireless cable
systems must determine the cause of any failure to receive the required
tests or activations specified in Sec. 11.61(a)(1) and (a)(2). Appropriate
entries must be made in the ... cable system record as specified in SS
76.1700, 76.1708, and 76.1711 of this chapter ... indicating reasons why
any tests were not received." At the time of inspection, the EAS equipment
was operational, but there were missing entries of tests received from
station KYKX and there were no entries in the log indicating the reasons
why the tests were not received.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, COXCOM, 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 cable operator. 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. This Notice shall be sent to COXCOM, INC. at its address of record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas District Office
South Central Region
Enforcement Bureau
cc: Cox Com of Tulsa, OK (PSID003338)
6650 E. 44^th Street
Tulsa, Oklahoma 74145
Address of Record
COXCOM, Inc.
1400 Lake Hearn Drive NE
Atlanta, Georgia 30319
Cox Com of Tulsa, OK (PSID003338)
6650 E. 44^th Street
Tulsa, Oklahoma 74145
47 C.F.R. S 1.89.
47 U.S.C. S 308(b).
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
3
Federal Communications Commission