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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Orion Broadband  ) File No.: EB-FIELDWR-12-00003862

   Cable System Operator ) NOV No.: V201332940013


   San Diego, California ) Physical System ID: 015726

                              NOTICE OF VIOLATION

   Released:  May 23, 2013

   By the District Director, San Diego Office, Western Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Orion Broadband, operator of a
       cable system in San Diego, California. 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 violations noted herein.^

    2. On May 9, 2013, an agent of the Enforcement Bureau's San Diego Office
       inspected a cable system located at San Marcos, California, and
       observed the following violations:

     a. 47 C.F.R. S 76.1803: "MVPD's subject to S76.611 must submit the
        results of ground based measurements derived in accordance with
        76.611(a)(1) or airspace measurements derived in accordance with
        S76.611(a)(2), including a description of the method by which
        compliance with the basic signal leakage criteria is achieved and the
        method of calibrating the measurement equipment. This information
        must be provided to the Commission each calendar year via FCC Form
        320." As of May 9, 2013, there is no record that Orion had filed an
        FCC Form 320 for its system since 2007.^

     b. 47 C.F.R. S 78.29: "Licenses for CARS (Cable Television Relay
        Service) stations will be issued for a period not to exceed five (5)
        years." The agent found that Orion Broadband is transmitting on CARS
        frequencies at its headend in San Marcos, California. The CARS
        license, call sign WLY-855, for Orion Broadband expired on February
        1, 2011. The FCC has no record of receiving an application to renew
        this license.

    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, Orion Broadband 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 Orion
       Broadband  to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Orion Broadband  with personal knowledge of the
       representations provided in Orion Broadband'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 Diego Office

   4542 Ruffner Street, Suite 370

   San Diego, CA 92111

    6. This Notice shall be sent to Orion Broadband 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.


   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).

   ^ The San Diego issued a Letter of Inquiry (LOI) to Orion Broadband on
   August 12, 2012, asking if Orion Broadband had filed an application to
   renew its CARS license and if Orion Broadband had submitted a Basic Signal
   Leakage Performance Report, FCC Form 320. The San Diego office received a
   reply from Orion Broadband on December 12, 2012, that a renewal
   application had been filed and that Orion Broadband was not aware they
   were required to submit an FCC Form 320 annually.

   ^ 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


                       Federal Communications Commission