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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Knology of the Plains, Inc. ) File No. EB-DV-11-0142
Cable System Operator )
Physical System 004182 )
) NOV No. V201132800024
Watertown, South Dakota )
)
NOTICE OF VIOLATION
Released: September 7, 2011
By the District Director, Denver 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 Knology of the Plains, Inc.
("Knology"), operator of a cable system in Watertown, South Dakota.
This Notice may be combined with a further action, if further action
is warranted.
2. On June 21 and June 23, 2011, an agent of the Enforcement Bureau's
Denver Office inspected a cable system located at Watertown, South
Dakota, and observed the following violation(s):
a. 47 C.F.R. S: 11.52(d): "EAS participants must monitor two EAS
sources. The monitoring assignments of each broadcast station and
cable system and wireless cable system are specified in the State EAS
Plan..." The State Plan, revised as of December 15, 2009, specified
the LP-2 assignment to be KXLG-FM, Milbank, SD, on 99.1 MHz versus
KIXX-FM, Watertown, SD, on 96.1 MHz.
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 required
tests as specified in paragraph (a)(4) of this section. All tests
will conform with the procedures in the EAS Operating Handbook."
Knology failed to properly identify and log all required entries from
the two required EAS sources for the three month period prior to the
inspection.
c. 47 C.F.R. S: 76.605(a)(12): "As an exception to the general provision
requiring measurements to be made at subscriber terminals, and
without regard to the type of signals carried by the cable television
system, signal leakage from a cable television system shall be
measured in accordance with the procedures outlined in S: 76.609(h)
and shall be limited as follows: Over 54 MHz up to and including 216
MHz - 20 micro-volts per meter, measured at 3 meters." At the time of
the inspection, an agent observed signal leakage on the frequency of
121.2625 MHz at the following location:
1) Alley/Street near 15 4th Avenue SW 82 uV/m
3. As the nation's emergency warning system, the Emergency Alert System
is critical to public safety, and we recognize the vital role that
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 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 station may
have taken. Therefore, Knology 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
Knology f the Plains, Inc., to support its response to this Notice
with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Knology with personal knowledge of
the representations provided in Knology'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
Denver District Office
215 S. Wadsworth Blvd. Suite 303
Lakewood, Colorado 80226
6. This Notice shall be sent to Knology of the Plains, 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
Nikki P. Shears
District Director
Denver 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