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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Beaver Creek Cooperative Telephone Company ) File No. EB-07-PO-048
)
Physical System ID # 016361 ) NOV No. V20073292006
Oregon City, Oregon )
)
)
NOTICE OF VIOLATION
Released: March 28, 2007
By the Resident Agent, Portland Resident Agent Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Beaver Creek Cooperative Telephone
Company ("Beaver Creek"), operator of a cable system in Oregon City,
Oregon.
2. On March 16, 2007, an agent of the Enforcement Bureau's Portland
Resident Agent Office inspected the Beaver Creek cable system located
near Oregon City, Oregon and observed the following violation:
a. 47 C.F.R. S 76.1700: "The operator of every cable television system
having 1000 or more subscribers but fewer than 5000 subscribers . . .
shall maintain for public inspection a file containing a copy of all
records required to be kept by S 76.1701 (political file)." At the
time of the inspection, Beaver Creek could not produce a copy of the
required political file.
b. 47 C.F.R. S 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 the inspection, Beaver Creek
could not produce EAS logs or an EAS Operating Handbook.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Beaver Creek 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 Beaver
Creek. 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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, Washington 98666-1469
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Beaver Creek Cooperative Telephone
Company 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
Binh Nguyen
Resident Agent
Portland Resident Agent Office
Western Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 403.
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission