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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Time Warner Cable ) File No. EB-09-LA-0088
)
Cable System Operator )
Physical System )
ID # 020717 ) NOV No. V201032900007
Ontario, CA )
)
NOTICE OF VIOLATION
Released: January 4, 2010
By the District Director, Los Angeles 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 Time Warner Cable ("Time Warner"),
operator of a cable system in Ontario, CA. This Notice may be combined
with a further action, if further action is warranted.
2. On October 23, 2009, an agent of the Enforcement Bureau's Los Angeles
Office inspected cable system located at 1500 Auto Center and
observed the following violations:
a. 47 C.F.R. S: 76.1703 "Cable operators airing children's programming
must maintain records sufficient to verify compliance with S:76.225
and make such records available to the public. Such records must be
maintained for a period sufficient to cover the limitations period
specified in 47 U.S.C. 503(b)(6)(B)."
At the time of inspection, the agent found that Time Warner's file was
missing the children programming records for the second quarter of 2009.
b. 47 C.F.R. S: 76.1710: "Cable operators are required to maintain
records in their public file for a period of three years regarding
the nature and extent of their attributable interests in all video
programming services as well as information regarding their carriage
of such vertically integrated video programming services on cable
systems in which they have an attributable interest. These records
must be made available to local franchise authorities, the
Commission, or members of the public on reasonable notice and during
regular business hours."
At the time of inspection, the agent found that Time Warner's file was
missing the operator interest in video programming information for the
fourth quarter of 2006.
c. 47 C.F.R. S: 76.1711: "Every cable system of 1,000 or more
subscribers shall keep a record of each test and activation of the
Emergency Alert System (EAS) procedures pursuant to the requirement
of part 11 of this chapter and the EAS Operator Handbook. These
records shall be kept for three years."
At the time of inspection, Time Warner Cable was unable to access the EAS
logs for the agent.
d. 47 C.F.R. S: 11.35(a): " EAS Participants are responsible for
ensuring that EAS Encoders, EAS Decoders and Attention Signal
generator and receiving equipment used as part of the EAS are
installed so that the monitoring and transmitting function are
available during the times the stations and systems are in operation.
Additionally, EAS Participants must determine the cause of any
failures to receive the required tests or activations specified in
S:11.61(a)(1) and (a)(2)."
At the time of inspection, Time Warner was unable to issue a weekly EAS
test.
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 and cable operators play in ensuring its success. The
Commission takes seriously any violations of the Rules implementing
the EAS and expects full compliance from its regulatees. We also must
investigate violations of other rules that apply to broadcast
licensees and cable operators. 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
violations and any remedial actions the system 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
Los Angeles Office
18000 Studebaker Rd., Suite 660
Cerritos, California, 90703
6. This Notice shall be sent to Time Warner Cable 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
Nader Haghighat
District Director
Los Angeles District Office
Western 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
2
Federal Communications Commission