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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cebridge Acquisition, LP ) File No.: EB-FIELDSCR-14-00015963
Operator of Cable Television System )
PSID: 003827 )
) NOV No.: V201432500037
)
Lubbock, Texas )
NOTICE OF VIOLATION
Released: June 25, 2014 , 2014
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 Cebridge Acquisition, LP
(Cebridge), operator of a cable television system in Lubbock, Texas.
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 May 28, 2014, an agent of the Dallas Office inspected the cable
television system in Lubbock, Texas, and observed the following
violations:
a. 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 S76.609(h) and
shall be limited as follows: Over 54 MHz, and less than and including
216 MHz - 20 micro-volts per meter measured at 3 meters. At the time
of inspection signal leakage was observed on the frequency of
121.2625 MHz as follows:
86.50uV/m 4401 82nd St #100, Lubbock, TX 79424
b. 47 C.F.R. S 76.1711: "Every cable system of 1,000 or more subscribers
shall keep a record of each test and activation of the Emergency
Alert System (EAS) procedures pursuant to the requirement of part 11
of this chapter and the EAS Operating Handbook. These records shall
be kept for three years." At the time of inspection, Cebridge had no
records of any EAS tests or activations in its EAS log after January
1, 2014.
3. As the nation's emergency warning system, the Emergency Alert System
is critical to public safety, and we recognize the vital role that
broadcasters play in ensuring its success. The Commission takes
seriously any violations of the Rules implementing the EAS and expects
full compliance from its regulates.
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, Cebridge Acquisition, LP 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 Cebridge
Acquisition, LP to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Cebridge Acquisition, LP with personal
knowledge of the representations provided in Cebridge Acquisition,
LP'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 registrant'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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, Texas, 75243
7. This Notice shall be sent to Cebridge Acquisition, LP 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 D. Wells
District Director
Dallas District Office
South Central Region
^ 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).