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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   DISH Network, LLC ) File No. EB-11-DV-0201


   Digital Broadcast Service Provider )

   ) NOV No. V201232800039

   Englewood, Colorado )


                              NOTICE OF VIOLATION

   Released:  July 17, 2012

   By the District Director, Denver Office, Western Region, Enforcement

    1. This is a  Notice of Violation (Notice) issued pursuant to Section
       1.89 of the Commission's rules, to DISH Network, LLC (DISH Network),
       operator of a  satellite direct broadcast system in  Englewood,
       Colorado. This Notice may be combined with a further action, if
       further action is warranted.

    2. On July 19, 2011, agents of the Enforcement Bureau's  Denver Office
       inspected  Dish Network,  located at 9601 S. Meridian Blvd, Englewood,
       Colorado 80112  and observed the following violation:

   47 C.F.R S:  25.701(e)(3): "DBS providers airing children's programming
   must maintain records sufficient to verify compliance with this rule and
   make such records available to the public. Such records must be maintained
   for a period sufficient to cover the limitations period specified in 47
   U.S.C. 503(b)(6)(B)."  Such records must be placed in the DBS's provider's
   public file no later than the tenth day of the quarter following the
   quarter in which the covered programming aired and must be maintained for
   a period sufficient to cover the limitations period specified in 47 U.S.C.
   503(b)(6)(B) (one year).  See Children's Television Programming,
   Memorandum Opinion and Order, 6 FCC Rcd 5093, para. 23 (1991);   Direct
   Broadcast Satellite Public Interest Obligations, Second Order on
   Reconsideration of First Report and Order, 19 FCC Rcd 5647, para.
   48 (2004) (requiring "DBS providers to comply with the rules regarding
   commercial  limits on children's programming that apply to cable

   At the time of inspection, the agents found that DISH Network's public
   inspection file was missing various children's programming records,
   including the children's programming records for the second quarter of
   2011. These records were later produced on July 26, 2011.  Such records
   should have been placed in the public inspection file no later than July
   11, 2011.

    3. 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
       system may have taken.  Therefore, DISH Network 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
       DISH Network to support its response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by an
       authorized officer of DISH Network with personal knowledge of the
       representations provided in DISH Network'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 Dish Network, LLC, at its address of

    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.


   Nikki P Shears

   District Director

   Denver Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   The tenth day of the third quarter of 2011 fell on a Sunday.  In
   accordance with Section 1.4(j) of the Commission's rules (47 C.F.R. S:
   1.4(j)), the required records should have been placed in the file no later
   than the following day, Monday, July 11, 2011.

   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


                       Federal Communications Commission