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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cablevision Systems Westchester Corporation )
PSID 007341 ) File No. EB-08-NY-0252
)
Yonkers, New York ) NOV No. V200832380044
)
NOTICE OF VIOLATION
Released: July 28, 2008
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 to Cablevision Systems Westchester
Corporation ("Cablevision"), operator of a cable system in Yonkers,
New York (Physical System ID 007341).
2. On July 10, 2008, an agent of the Commission's New York Office
inspected Cablevision's cable system serving Yonkers, New York, and
observed following violations:
a. 47 C.F.R. S: 11.61(b): "Entries [of EAS tests] shall be made in EAS
Participant records as specified in S:S: 11.35(a) and 11.54(b)(13).
S: 11.35(a) states "EAS Participants must determine the cause of any
failure to receive the required tests or activations specified in S:
11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why
any tests were not received must be made in . . . cable system
records as specified in Sec. Sec. 76.1700, 76.1708, and 76.1711 of
this chapter." During the inspection, the agent observed that for the
months of April and June 2008, there were no entries in the EAS logs
nor any EAS printouts of Required Monthly Tests received from station
WFAS, one of Cablevision's two monitoring sources. There were no log
entries indicating the reasons why these tests were not received.
b. 47 C.F.R. S: 76.1702(a): "Every employment unit with six or more
full-time employees shall maintain for public inspection a file
containing copies of all EEO program annual reports filed with the
Commission pursuant to Section 76.77 and the equal employment
opportunity program information described in paragraph (b) of this
section. These materials shall be placed in the unit's public
inspection file annually by the date that the unit's EEO program
annual report is due to be filed and shall be retained for a period
of five years. The file shall be maintained at the central office and
at every location with six or more full-time employees. . ." At the
time of the inspection, the agent observed that Cablevision's public
inspection file did not contain EEO program annual reports (Form
396-C) for the years 2005, 2006 and 2007.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Cablevision 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
Cablevision. 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, NY 10014
4. This Notice shall be sent to Cablevision 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 District 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