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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Precis Communications LLC )
) File No. EB-08-SF-0358
Physical System ID # 010818 )
Ely, Nevada )
) NOV No. V200932960006
NOTICE OF VIOLATION
Released: January 16, 2009
By the District Director, San Francisco Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Precis Communications, LLC.,
operator of a cable system in Ely, Nevada.
2. On September 18, 2008, an agent of the Enforcement Bureau's San
Francisco Office inspected Precis Communications LLC's emergency alert
system ("EAS"), located at Squaw Peak and Morley Ave, Ely, Nevada, and
observed the following violation:
a. 47 C.F.R. S:11.61(b): "Entries shall be made in EAS Participant
records, as specified in Sections 11.35(a) and 11.54(b)(13)." Precis
Communications, LLC's EAS records did not indicate that the required
monthly tests ("RMTs") for the months of June, July, August, and September
of 2008 were conducted. There were no notes recorded as to why the cable
system did not receive the RMTs from the local primary (LP-1) station,
KELY (AM) - Ely, Nevada, from June 2008 to September 2008. Further, there
were no records of EAS equipment inspections and if those inspections
revealed any equipment malfunctions.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Precis Communications, LLC
must submit a written statement concerning this matter within 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
Precis Communications, LLC. 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
San Francisco District Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94588-8543
4. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to Precis Communications LLC 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
Thomas N. Van Stavern
District Director
San Francisco District Office
Western Region
Enforcement Bureau
cc: Mr. Russell Drake
Precis Communications LLC
1750 S Highway 10
Price, UT 84501-4364
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