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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mediacom California, LLC. ) File No. EB-11-LA-0143
Cable System Operator )
Physical System 005151 )
) NOV No. V201232900002
Ridgecrest, California )
)
NOTICE OF VIOLATION
Released: October 21, 2011
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 Mediacom California, LLC
("Mediacom"), operator of a cable system in Ridgecrest, California.
This Notice may be combined with a further action, if further action
is warranted.
2. On September 28, 2011, an agent of the Enforcement Bureau's Los
Angeles Office inspected a cable system located at Ridgecrest,
California, and observed the following violations:
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 ..." At the time of the inspection the EAS encoder decoder was
not monitoring either of the LP-1 sources and was only receiving the
LP-2 broadcast station KRAJ as a source for EAS messages.
b. 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 broadcast
station log as specified in Sections 73.1820 and 73.1840 of this
chapter for all broadcast streams and cable system records as
specified in Sections 76.1700, 76.1708, and 76.1711 of this chapter."
At the time of the inspection, logs showed that only one source for
EAS messages was being received. Logs also indicated that logging
printer failures were preventing the maintenance of complete and
legible logs for test and alerts both originated and 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
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, Mediacom 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
Mediacom, to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Mediacom with personal knowledge of the
representations provided in Mediacom'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 District Office
18000 Studebaker Rd., Suite 660
Cerritos, California 90703
6. This Notice shall be sent to Mediacom California, LLC., 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
3
Federal Communications Commission