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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Bellaire TV Cable Company ) File No.: EB-FIELDNER-16-00020655

   )

   ) NOV No.: V201632360002

   Bellaire, Ohio )

   ) Physical System ID: 008082

   ) Community Unit ID: OH0543

                              NOTICE OF VIOLATION

   Released: February 9, 2016

   By the District Director, Detroit Office, Northeast Region, Enforcement
   Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Bellaire TV Cable Company,
       operator of a cable system in Bellaire, Ohio. 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 January 5, 2016, agents of the Enforcement Bureau's Detroit Office
       Michigan inspected the Bellaire TV Cable Company cable system located
       in Bellaire, Ohio, and observed the following violations:

     a. 47 C.F.R. S 11.56: "Obligation to process [Common Alerting Protocol]
        CAP-formatted EAS messages. (a) On or by June 30, 2012 EAS
        participants must have deployed operational equipment that is capable
        of the following: (1) Acquiring EAS alert messages in accordance with
        the monitoring requirements in S 11.52(d)(2); (2) Converting EAS
        alert messages that have been formatted pursuant to the Organization
        for the Advancement of Structured Information Standards (OASIS)
        Common Alerting Protocol..." At the time of inspection on January 5,
        2016, Bellaire TV Cable Company had an FCC compliant model R189SE
        Monroe Electronics Analog/Digital EAS Encoder/Decoder installed but
        did not have the required CAP-formatted EAS equipment functioning
        properly.

     b. 47 C.F.R. S 11.52(d)(1): "With respect to monitoring for EAS messages
        that are formatted in accordance with the EAS Protocol, EAS
        Participants must monitor two EAS sources. The monitoring assignments
        of each broadcast station and cable system... are specified in the
        State EAS plan..." At the time of inspection, Bellaire TV Cable
        Company had only one EAS source connected to the EAS Encoder/Decoder.

    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 system operators.
       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, Bellaire TV Cable Company 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, (iii) must specify whether EAS CAP
       equipment has been installed or ordered and (iv) 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 Bellaire TV
       Cable Company to support its response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by an
       authorized officer of Bellaire TV Cable Company with personal
       knowledge of the representations provided in Bellaire TV Cable
       Company'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 company'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

   Detroit Office

   24897 Hathaway Street

   Farmington Hills, Michigan 48335

    6. This Notice shall be sent to Bellaire TV Cable Company 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 A. Bridgewater

   District Director

   Detroit District Office

   Northeast 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