******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Comcast of Eastern Shore, Inc. ) File No. EB-11-SD-0163

   Physical System ID No. 004338 )

   Community Unit ID No. NM0017 )

   Santa Fe, NM ) NOV No. V201132940014

                              NOTICE OF VIOLATION

   Released: September 22, 2011

   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 Comcast of Eastern Shore, Inc..
       ("Comcast"), operator of a cable system in Santa Fe, New Mexico. This
       Notice may be combined with a further action, if further action is
       warranted.

    2. On August 17 2011, an agent of the Enforcement Bureau's San Diego
       Office inspected the Comcast main facility located at Santa Fe, New
       Mexico, and observed the following violation:

   47 C.F.R. S: 11.61(a)(2)(i)(B): "Required Weekly Tests of the EAS header
   codes and EOM codes: Attention Signal, Test Script and EOM code...must
   conduct tests of the EAS Header and EOM Codes at least once a week at
   random days and times on all programmed channels." At the time of the
   inspection, the agent observed that Comcast failed to transmit the audio
   tone and the video portion of the required weekly tests on all the
   channels.

    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, Comcast 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
       Comcast  to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Comcast, with personal knowledge of the
       representations provided in Comcast'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

   San Diego Office

   4542 Ruffner Street, Suite 370

   San Diego, CA 92111

    6. This Notice shall be sent to the Comcast of Eastern Shore, 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

   James T. Lyon

   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