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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cequel III Communications I LLC ) File No. EB-11-SF-0271
Cable System Operator )
Community Unit ID: CA1307 )
Physical System ID: 014049 ) NOV No. V201232960016
Shaver Lake, CA )
)
NOTICE OF VIOLATION
Released: December 22, 2012
By the District Director, San Francisco 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 Cequel III Communiations I LLC
("Cequel") operator of a cable system in Shaver Lake, 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 San
Francisco Office inspected Cequel's cable system located in Shaver
Lake, California, and observed the following violation(s):
a. a. 47 C.F.R. S: 11.15: "The EAS Operating Handbook states in summary
form the actions to be taken by personnel at EAS Participant
facilities upon receipt of an EAN, an EAT, tests, or State and Local
Area alerts. It is issued by the FCC and contains instructions for
the above situations. A copy of the Handbook must be located at
normal duty positions or EAS equipment locations when an operator is
required to be on duty and be immediately available to staff
responsible for authenticating messages and initiating actions." At
the time of the inspection, the agent found that no EAS Operating
Handbook was available.
b. 47 C.F.R. S: 11.35(a): "EAS Participants are responsible for ensuring
that EAS Encoders, EAS Decoders and Attention Signal generating and
receiving equipment used as part of the EAS are installed so that the
monitoring and transmitting functions are available during the times
the stations and systems are in operation. Additionally, EAS
Participants must determine the cause of any failure to receive the
required tests or activations specified in Sec. 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 Sections 76.1700, 76.1708, and 76.1711 of this chapter." At the
time of the inspection, personnel were unable to demonstrate to
agents that the EAS encoder and decoder were functional.
c. 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 and FCC Mapbook. They are developed in accordance with FCC
monitoring priorities." A review of Cequel's EAS logs revealed that
Cequel was monitoring only one EAS source.
d. 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 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, the agent measured signal leakage in excess of 20 mV/m on
the frequency of 133.2625 MHz at the following locations:
1) 40675 Silvertip Ln. (underground) 299.88 uV/m
2) Behind 41317 Tollhouse Rd (Hwy 168) 196.35 uV/m
3) 42037 Buckeye 69.97 uV/m
e. 47 C.F.R. S: 76.1708: "(a) The operator of every cable television
system shall maintain for public inspection the designation and
location of its principal headend. If an operator changes the
designation of its principal headend, that new designation must be
included in its public file. (b) Such records must be maintained in
accordance with the provisions of Sec. 76.1700(b)." At the time of
inspection, Cequel failed to provide documents with designation of
the location of Cequel's principle headend.
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, Cequel 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
Cequel to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Cequel with personal knowledge of the
representations provided in Cequel'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 Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94588-8543
6. This Notice shall be sent to Cequel III Communications I 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
Thomas N. Van Stavern
District Director
San Francisco 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