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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Margaretville Telephone Company, Inc. ) File No. EB-07-NY-371
Physical System ID (PSID) # 06437 )
Margaretville, New York ) NOV No. V20083238003
NOTICE OF VIOLATION
October 10, 2007
By the District Director, New York Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules (the "Rules"), to Margaretville
Telephone Company, Inc ("MTC"), PSID # 06437, operator of a cable
system serving Delaware County, New York.
2. On September 20, 2007, an agent of the Commission's New York Office
inspected MTC's cable system located in Margaretville, New York, and
observed the following violations:
a. 47 C.F.R. S: 11.52(d): "Broadcast stations and cable systems and
wireless cable systems must monitor two EAS sources. The monitoring
assignments of each broadcast station and cable system and wireless
cable system are specified in the State EAS Plan and FCC Mapbook..."
A review of the station's EAS logs showed that, except during the
weeks of June 17 and August 26, 2007 when the station properly
monitored two EAS sources, the station was monitoring only one EAS
source during the months of June, July, and August 2007.
b. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant
records, as specified in S:S: 11.35(a) and 11.54(b)(13)." A review of
the station's EAS logs showed that there were no entries for required
Weekly Test transmitted and required Monthly Test received and
re-transmitted for the months of June, July and August 2007.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, MTC 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 MTC. 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
New York Office
201 Varick Street, Suite 1151
New York, New York 10014
4. This Notice shall be sent to MTC 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
Daniel W. Noel
District Director
New York Office
Northeast 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.
2
Federal Communications Commission