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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cable One Inc. ) File No. EB-10-SD-0165
Physical ID # 006627 )
Globe, Arizona ) NOV No. V201032940015
)
NOTICE OF VIOLATION
Released: September 30, 2010
By the District Director, San Diego 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 Cable One, Inc., in Globe, Arizona.
This Notice may be combined with a further action, if further action
is warranted.
2. On July 15, 2010, an agent of the Enforcement Bureau's San Diego
Office inspected Cable One, located at 727 Paxton Avenue, Globe,
Arizona, and observed the following violations:
a. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of
any failure to receive the required tests or activations specified in
Sections 11.61(a) (1) and (a) (2). Appropriate entries indicating reasons
why any tests were not received must be made in the [...] cable system
records as specified in Sec. 76.1700, 76.1708, and 76.1711 of this
chapter." At the time of the inspection, the agent found that there were
no entries in the station log indicating why tests had not been received
from the primary local primary (LP-1) Emergency Management 158.940 MHz
over the three months prior to the inspection.
b. 47 C.F.R. S: 11.61(a): "EAS Participants shall conduct tests at regular
intervals as specified in paragraphs (a) (1) and (a) (2) of this section.
Additional tests may be performed anytime. EAS activations and special
tests may be performed in lieu of the required tests as specified in
paragraph (a) (4) of this section. All tests will conform to the
procedures in the EAS Operating Handbook." At the time of inspection Cable
One failed to ensure that all the Required Monthly Tests (RMT) of the EAS
system were conducted or received from the LP-1 and LP-2 over the three
months prior to the inspection.
c. 47 C.F.R. S: 11.51(g)(3): "Cable systems and wireless cable systems
shall transmit a visual EAS message on at least one channel. The message
shall contain the Originator, Event, Location, and the valid time period
of the EAS message. If the visual message is a video crawl, it shall be
displayed at the top of the subscriber's television screen or where it
will not interfere with other visual messages." At the time of the
inspection, the agent observed that no video showed on the screen of any
channels, but the audio was heard.
d. 47 C.F.R. S: 76.612(a)(1): "All cable television systems which operate
in the
frequency bands 108-137 and 225-400 MHz shall comply with the following
frequency separation standards: All such cable carriers or signal
components
shall be offset by 12.5 kHz with a frequency tolerance of +/- 5 kHz." At
the
time of the inspection, the agent observed the following channels were
operating outside the allowable frequency tolerance:
Ch 27 Meas. 241.2550 MHz, Auth 241.2625 MHz, Difference 7.5 kHz
Ch 48 Meas. 367.2530 MHz, Auth 367.2625 MHz, Difference 9.5 kHz
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
violations and any remedial actions the station may have taken.
Therefore, Cable One 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
Cable One, to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of Cable One, with personal knowledge of the
representations provided in Cable One 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
San Diego District Office
4542 Ruffner Street, Suite 370
San Diego, CA 92111
6. This Notice shall be sent to Cable One Inc., 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
William R. Zears Jr.
District Director
San Diego 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
3
Federal Communications Commission