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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cable One Inc. ) File No. EB-FIELDWR-12-00004417
)
)
Physical System ID #001959 )
) NOV No. V201232940026
Roswell, New Mexico )
NOTICE OF VIOLATION
Released: September 28, 2012
By the District Director, San Diego 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 Cable One Inc. (Cable One), operator of
a cable system in Roswell, New Mexico. Pursuant to Section 1.89(a)
of the Commission's Rules, issuance of the NOV does not preclude the
Enforcement Bureau from issuing a Notice of Apparent Liability for
Forfeiture for the violation noted herein.
2. On September 18, 2012, an agent of the Enforcement Bureau's San Diego
Office inspected the cable system Cable One Inc., located in Roswell,
New Mexico, and observed the following violation:
a. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant
records, as specified in S:11.35(a) and 11.54(a)(3)." Cable One Inc.
did not have any records for receiving tests formatted with the
Common Alerting Protocol in the EAS logs from July 22 through
September 15, 2012. In addition, there were no records to indicate
why the July required monthly test (RMT) had not been received or
sent and why the required weekly tests were not received from
KBCQ/KSFX from August 5 - September 1, 2012.
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.
4. 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 taken. Therefore, Cable One Inc. 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.
5. In accordance with Section 1.16 of the Commission's Rules, we direct
Cable One Inc. to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Cable One Inc. with personal knowledge of
the representations provided in Cable One Inc.'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.
6. 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 Diego Office
4542 Ruffner St., Room 370
San Diego, CA 92111
7. This Notice shall be sent to Cable One Inc. at its address of
record.
8. 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
James T. Lyon
District Director
San Diego 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
Federal Communications Commission