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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Armstrong Utilities, Inc. ) File No. EB-08-PA-0119
)
Physical System ID # 00753 ) NOV No. V200832400015
)
Koppel, Pennsylvania )
)
NOTICE OF VIOLATION
Released: April 4, 2008
By the District Director, Northeast Region, Philadelphia Office,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Armstrong Utilities, Inc.
("Armstrong"), operator of a cable system in Koppel, Pennsylvania.
2. On March 12, 2008, an agent of the Commission's Philadelphia Office
inspected the public inspection file for Armstrong's cable system in
Koppel, Pennsylvania and observed the following violation:
47 C.F.R. S: 76.1701: " (a) Every cable television system shall keep and
permit public inspection of a complete and orderly record (political file)
of all requests for cablecast time made by or on behalf of a candidate for
public office, together with an appropriate notation showing the
disposition made by the system of such requests, and the charges made, if
any, if the request is granted. The `disposition' includes the schedule of
time purchased, when spots actually aired, the rates charged, and the
classes of time purchased." Armstrong did not maintain a complete
political file in the cable system's public inspection file. The public
inspection file did not include the records of requests for cablecast time
on the Armstrong cable system that were made to Comcast Spotlight, which
handles the advertising insertions on the Armstrong cable system.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Armstrong 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Armstrong Utilities, 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
Gene J. Stanbro
District Director
Philadelphia 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.
Federal Communications Commission
2
Federal Communications Commission