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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
NPG Cable, LLC ) File No. EB-FIELDWR-13-00011915
)
Flagstaff, Arizona ) NOV No. V201432940001
)
) Physical System ID: 003591
)
NOTICE OF VIOLATION
Released: November 7, 2013
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 (Rules)^ to NPG Cable, LLC., (NPG),
operator of a cable system in Flagstaff, Arizona. 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
violations noted herein.^
2. On August 21, 2013, an agent of the Enforcement Bureau's San Diego
Office inspected the NPG cable system, located in Flagstaff, Arizona,
and observed the following violations:
a. 47 C.F.R. S 11.61(a)(2)(i)(B): "Analog cable systems and digital cable
systems with 5,000 or more subscribers per headend and wireless cable
systems with 5,000 or more subscribers must conduct tests of the EAS
Header and EOM Codes at least once a week at random days and times on
all programmed channels." The required weekly test (RWT) conducted at
the time of the inspection did not have Header or EOM codes.
b. 47 C.F.R. S 11.61(b): "Entries shall be made in EAS Participant
records, as specified in S11.35(a) and 11.54(a)(3)." NPG did not have
any records for sending out required monthly test (RMT) for the period
from January 1 to August 1, 2013. The station had no records or logs
to suggest that EAS deficiencies were noticed or addressed.
c. 47 C.F.R. S 76.605(a)(12): "As an exception to the general provision
requiring measurements to be made at subscriber terminals, and without
regard to the type of signals carried by the cable television system,
signal leakage from a cable television system shall be measured in
accordance with the procedures outlined in S 76.609(h) and shall be
limited as follows: Over 54 MHz up to and including 216 MHz - 20
micro-volts per meter, measured at 3 meters." At the time of the
inspection, the agent observed leakage on the frequency of 133.2625
MHz at the following location:
1. Whispering Pine Motel, 860 E. Route 66, Flagstaff: 139 uV/m
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. We also must investigate
violations of other rules that apply to cable operators.
4. 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, NPG, 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 Rules, we direct NPG to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
NPG with personal knowledge of the representations provided in NPG'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 NPG Cable, LLC., 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 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