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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Bresnan Communications LLC ) File No. EB-FIELDWR-12-00003200
Cable System Operator )
Physical System ID # 002218 )
Worland, WY ) NOV No. V201232800042
)
NOTICE OF VIOLATION
Released: July 24, 2012
By the District Director, Denver 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 Bresnan Communications LLC., (Bresnan)
operator of a cable system in Worland, Wyoming. This Notice may be
combined with a further action, if further action is warranted.
2. On June 7, 2012, an agent of the Enforcement Bureau's Denver Office
inspected cable system located at Worland, WY, and observed the
following violations:
a. 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 the system's records indicating why Bresnan did not
receive the Required Monthly Tests from KTHE during the period from
March 1, 2012, to May 31, 2012. KTHE is the required primary EAS
assignment per the State EAS Plan. At the time of inspection,
Brensnan was monitoring KKLX(FM) 96.1 and NOAA and for the period of
March 1, 2012, to May 31, 2012, Bresnan did not receive any Required
Monthly Tests from KKLX(FM) or NOAA during this period.
b. 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 inspection, Bresnan was monitoring an
incorrect source as its primary EAS assignment. Bresnan was found
monitoring KKLX(FM), 96.1 MHz, instead of KTHE as required in the
Wyoming State Plan.
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, Bresnan 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
Bresnan to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Bresnan with personal knowledge of the
representations provided in Bresnan'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., # 303
Lakewood, CO 80226
6. This Notice shall be sent to Bresnan Communications 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
Nikki P. Shears
District Director
Denver 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
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Federal Communications Commission