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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Time Warner Entertainment Company LP ) File No. EB-09-NY-0261
Operator of Cable Television System )
Physical System ID # 009410 )
Woodside, New York ) NOV No. V201032380006
NOTICE OF VIOLATION
Released: December 31, 2009
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 Time Warner Entertainment Company LP
("Time Warner"), operator of a cable television system in Woodside,
New York. This Notice may be combined with a further action, if
further action is warranted.
2. On September 22, 2009, an agent of the Commission's New York Office
inspected Time Warner's cable television system serving Woodside, New
York, and observed the following violations:
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)."
The agent found that entries were not made in the EAS logs to show
required weekly EAS tests received from the primary source for the weeks
of March 8, May 31, August 9, August 16, and August 23, 2009, and from the
secondary source for the weeks of July 26, August 2, August 9, August 16,
and August 23, 2009. Entries were not made in the EAS logs to show
required weekly EAS tests transmitted for the weeks of August 2, August 9,
August 16, and August 23, 2009. Entries were not made in the EAS logs to
show required monthly EAS tests received and retransmitted from either the
primary or secondary sources for the month of August 2009. There were no
entries in the station logs indicating the reasons why the required EAS
tests were not received.
3. As the nation's emergency warning system, the Emergency Alert System
is critical to public safety, and we recognize the vital role that
broadcasters play in ensuring its success. The Commission takes
seriously any violations of the Rules implementing the EAS and expects
full compliance from its regulatees. Pursuant to Section 403 of the
Communications Act of 1934, as amended, and Section 1.89 of the
Commission's Rules, we seek additional information concerning the
violation(s) and any remedial actions the station may have taken.
Therefore, Time Warner must submit a written statement concerning this
matter within twenty (20) days of release of this Notice. The response
(i) must fully explain each violation, including all relevant
surrounding facts and circumstances, (ii) must contain a statement of
the specific action(s) taken to correct each violation and preclude
recurrence, and (iii) must include a time line for completion of any
pending corrective action(s). The response must be complete in itself
and must not be abbreviated by reference to other communications or
answers to other notices.
4. In accordance with Section 1.16 of the Commission's Rules, we direct
Time Warner to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of Time Warner with personal knowledge of the
representations provided in Time Warner's response, verifying the
truth and accuracy of the information therein, and confirming that all
of the information requested by this Notice which is in the licensee's
possession, custody, control, or knowledge has been produced. To
knowingly and willfully make any false statement or conceal any
material fact in reply to this Notice is punishable by fine or
imprisonment under Title 18 of the U.S. Code.
5. 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
6. This Notice shall be sent to Time Warner at its address of record.
7. 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.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's Rules provides that "[a]ny document to be
filed with the Federal Communications Commission and which is required by
any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration,
verification, certificate, statement, oath or affidavit by the person
making the same, may be supported, evidenced, established or proved by the
unsworn declaration, certification, verification, or statement in writing
of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially
the following form . . . : `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
3
Federal Communications Commission