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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
CCO SOCAL I, LLC ) File No. EB-11-SF-0117
)
Cable System Operator )
Physical System ID No. 3402 )
CUID No. CA0101 )
) NOV No. V201232960033
Gilroy, California )
)
NOTICE OF VIOLATION
Released: July 17, 2012
By the Senior Agent, 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 CCO SOCAL I, LLC (CCO), operator of a
cable system in Gilroy, California. This Notice may be combined with a
further action, if further action is warranted.
2. On July 19, 2011, an agent of the Enforcement Bureau's San Francisco
Office inspected CCO's cable system located at 8120 Camino Arroyo,
Gilroy, California and observed the following violation:
47 C.F.R. S: 76.1703: "Cable operators airing children's programming must
maintain records sufficient to verify compliance with S:76.225 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 cable system'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).
At the time of inspection, the agent found that CCO's public inspection
file was missing the children's programming records for the second quarter
of 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, CCO 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
CCO to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of CCO with personal knowledge of the
representations provided in CCO'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 Dr., Ste. 105
Pleasanton, California 94588-8543
6. This Notice shall be sent to CCO SOCAL 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
David K. Hartshorn
Senior Agent
San Francisco 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
3
Federal Communications Commission