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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cablevision of Southern Westchester, Inc. )
PSID 004901 ) File No. EB-08-NY-0270
)
Westchester, New York ) NOV No. V200832380045
)
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 of Southern Westchester,
Inc. ("Cablevision"), operator of a cable system serving parts of
Westchester, New York (Physical System ID 004901).
2. On July 16, 2008, an agent of the Commission's New York Office
inspected Cablevision's cable system, Physical System ID 004901, and
observed the following violations:
a. 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." During the
inspection, the agent observed that Cablevision's public inspection
file did not contain the 2005 EEO program annual report (Form 396-C).
b. 47 C.F.R. S: 76.1702(b): "The following equal employment opportunity
program information shall be included annually in the unit's public
file, and on the unit's web site, if it has one, at the time of the
filing of its FCC Form 396-C: (1) A list of all full-time vacancies
filled by the multichannel video programming distributor employment
unit during the preceding year, identified by job title; (2) For each
such vacancy, the recruitment source(s) utilized to fill the vacancy
(including, if applicable, organizations entitled to notification
pursuant to S: 76.75(b)(1)(ii) of this section, which should be
separately identified), identified by name, address, contact person
and telephone number; (3) The recruitment source that referred the
hiree for each full-time vacancy during the preceding year; (4) Data
reflecting the total number of persons interviewed for full-time
vacancies during the preceding year and the total number of
interviewees referred by each recruitment source utilized in
connection with such vacancies; and (5) A list and brief description
of the initiatives undertaken pursuant to S: 76.75(b)(2) during the
preceding year, if applicable." The agent observed that Cablevision's
public file did not contain the required annual EEO information for
the years 2003, 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