Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
CSC Acqusition -MA Inc. )
PSID 008370 ) File No. EB-08-NY-0271
)
Westchester, New York ) NOV No. V200832380046
)
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 CSC Acquisition -MA Inc.
("Cablevision"), operator of a cable system serving Port Chester and
Harrison, New York (Physical System ID 008370).
2. On July 16, 2008, an agent of the Commission's New York Office
inspected Cablevision's cable system, Physical System ID 008370, and
observed the 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: 11.61(a)(2)(i)(B): "Analog cable systems and digital
cable systems with 5,000 or more subscribers per headend and wireless
cable systems with 5,000 or more subscribers must conduct tests of
the EAS Header and EOM Codes at least once a week at random days and
times on all programmed channels." During the inspection, the agent
observed that the required weekly tests were not conducted on random
days - 12 of 14 weekly tests were conducted on a Thursday.
c. 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).
d. 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