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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Troy CableVision, Inc. ) File No.: EB-FIELDSCR-13-00007788
)
Troy, Alabama ) NOV No.: V201332480010
)
) Physical System ID No.: 013275
NOTICE OF VIOLATION
Released: April 11, 2013
By the District Director, Atlanta 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 Troy CableVision, Inc. (Troy
CableVision), operator of a cable system in Troy, Alabama. Pursuant
to Section 1.89(a) of the Rules, issuance of this Notice 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 April 2, 2013, an agent of the Enforcement Bureau's Atlanta Office
inspected the Troy CableVision cable system located at 1006 S
Brundidge St Troy, Alabama , and observed the following violation(s):
47 C.F.R. S 76.1701: "(a) Every cable television system shall keep and
permit public inspection of a complete and orderly record (political file)
of all requests for cablecast time made by or on behalf of a candidate for
public office, together with an appropriate notation showing the
disposition made by the system of such requests, and the charges made, if
any, if the request is granted. The `disposition' includes the schedule of
time purchased, when spots actually aired, the rates charged, and the
classes of time purchased." At the time of inspection, Troy Cablevision's
representative responsible for the political file was unavailable and
other representatives were unable to locate the political file. A copy of
the political file was provided to the agent on April 9, 2013.
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, CableVision, 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 CableVision to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
CableVision with personal knowledge of the representations provided in
CableVision 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
Atlanta Office
3575 Koger Blvd; Ste 320
Duluth, GA 30096
6. This Notice shall be sent to CableVision 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
Douglass Miller
District Director
Atlanta 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