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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Grande Communications ClearSource, Inc. ) File No. EB-FIELDSCR-12-00003812
Cable System Operator ) NOV No. V20133250003
) Physical System No. 020197
Odessa, Texas ) Community Unit No. TX2287
)
NOTICE OF VIOLATION
Released: November 13, 2012
By the District Director, Dallas Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules), to Grande Communications
ClearSource, Inc., operator of a cable system in Odessa, Texas.
Pursuant to Section 1.89(a) of the Rules, issuance of this NOV does
not preclude the Enforcement Bureau from further action if warranted,
including issuing a Notice of Apparent Liability for Forfeiture for
the violation(s) noted herein.
2. On August 2 2012, an agent of the Enforcement Bureau's Dallas Office
inspected the cable system located at Odessa, Texas, and observed the
following violation(s):
a. 47 C.F.R. S: 11.35(a): "EAS Participants are responsible for ensuring
that EAS Encoders, EAS Decoders and Attention Signal generating and
receiving equipment used as part of the EAS are installed so that the
monitoring and transmitting functions are available during the times
the stations and systems are in operation." At the time of the
inspection, the EAS equipment was not fully operational. During a
demonstration, the EAS equipment would not transmit the required
audio and video messages from the encoder to the cable channels.
b. 47 C.F.R. S: 76.1700(a): "Records to be maintained by cable system
operators - The operator of every cable television system having 5000
or more subscribers shall maintain for public inspections a file
containing a copy of all records which are required to be kept by
(76.1701 (political file); 76.1715 (sponsorship identification);
76.1702 (EEO records available for public inspection), 76.1703
(commercial records for children's programming); 76.1704 (proof of
performance) and 76.1706 (signal leakage logs and repair records)."
At the time of the inspection, Grande Communications ClearSource,
Inc. did not have copies of the following records: 76.1702 (Annual
Equal Employment Opportunity reports) [1 year], 76.1704 (Proof of
Performance tests) [5 Years], and 76.1706 (Leakage Logs) [2 Years].
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
Grande Communications ClearSource, 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.
4. In accordance with Section 1.16 of the Rules, we direct Grande
Communications ClearSource, 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 Grande Communications
ClearSource, Inc. with personal knowledge of the representations
provided in Grande Communications ClearSource, 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.
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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, TX 75243
6. This Notice shall be sent to Grande Communications ClearSource, Inc.
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
James D. Wells
District Director
Dallas District Office
South Central 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 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