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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Blue Ridge Communications ) File No. EB-08-PA-027
)
Duncannon, Pennsylvania ) NOV No. V200832400016
)
)
)
NOTICE OF VIOLATION
Released: April 15, 2008
By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Blue Ridge Communications in
Duncannon, Pennsylvania.
2. On February 26, 2008, an agent of the Commission's Philadelphia Office
inspected the Blue Ridge cable system serving Duncannon, Pennsylvania
and observed the following violations:
a. 47 C.F.R. S: 11.61(b): "Entries of each test and activation of the
EAS must be made in the broadcast station log as specified in Section
11.54(b).2" At the time of inspection, the agent observed that the
station did not have any records of conducted "EAS Required Monthly
Tests" and "EAS Required Weekly Tests" between August 1, 2005 and
July 23, 2006. The agent also observed that there were no entries in
the log indicating the reasons why the tests were not conducted as
required.
b. 47 C.F.R. S: 76.1703: "Cable operators airing children's programming
must maintain records sufficient to verify compliance with S:76.225
and make such records available to the public. Such records must be
maintained for a period sufficient to cover the limitations period
specified in 47 U.S.C. 503(b)(6)(B)." At the time of inspection, the
agent observed that the last record demonstrating compliance with
Section 76.225 of the Rules was dated September 30, 2007.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Blue Ridge Communications
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 actions. The
response must be complete in itself and signed by a principal or
officer of the Blue Ridge Communications. 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 Blue Ridge Communications 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
Enforcement Bureau
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
2 47 C.F.R. S: 11.54(b).
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