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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
CALNEVA Broadband, LLC ) File No. EB-11-SF-0186
Cable System Operator )
Community Unit ID: CA0008 )
Westwood, California ) NOV No. V201232960017
)
NOTICE OF VIOLATION
Released: December 23, 2011
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 CALNEVA Broadband, LLC ("CALNEVA"),
operator of a cable system in Westwood, California. This Notice may be
combined with a further action, if further action is warranted.
2. On August 25, 2011, an agent of the Enforcement Bureau's San Francisco
Office inspected a cable system located at Westwood, California, 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 specifies the LP-1 assignment as KKOH-AM,
Reno, NV, which was not being monitored by the cable system.
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."
CALNEVA 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: 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 Sections 76.1700, 76.1708 and
76.1711 of this chapter." At the time of the inspection, there were
no entries in CALNEVA's logs indicating why the required monthly
tests (RMTs) had not been logged over the three months prior to the
inspection.
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. 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, CALNEVA 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
CALNEVA to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of CALNEVA with personal knowledge of the
representations provided in CALNEVA'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 District Office
5653 Stoneridge Drive, Suite 105
Pleasanton, California 94588
6. This Notice shall be sent to CALNEVA Broadband, 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. VanStavern
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
3
Federal Communications Commission