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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                           )                                
                                                                            
                                           )                                
     In the Matter of                                                       
                                           )                                
     Eagle West Communications, Inc.                                        
                                           )     File Number: EB-06-SD-177  
     Operator of Cable Television System                                    
                                           )   NAL/Acct. No.: 200732940001  
     Community Unit ID: AZ0342                                              
                                           )               FRN: 0004979126  
     Physical System ID: 002292                                             
                                           )                                
     Mesa, Arizona                                                          
                                           )                                
                                                                            
                                           )                                


                          MEMORANDUM OPINION AND ORDER

   Adopted:  December 7, 2007 Released:  December 11, 2007

   By the Associate Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Memorandum Opinion and Order, issued pursuant to Section 405
       of the Communications Act of 1934, as amended ("Act"), and Section
       1.106 of the Commission's rules, we deny a Petition for
       Reconsideration ("Petition") filed on March 5, 2007, by Eagle West
       Communications, Inc. ("Eagle West"), of a Forfeiture Order, issued by
       the Western Region, Enforcement Bureau ("Region"), imposing an eight
       thousand dollar ($8,000) monetary forfeiture penalty against Eagle
       West for willful and repeated violation of Section 11.35 of the
       Commission's Rules ("Rules"). The noted violation involves failing to
       ensure the operational readiness of the Emergency Alert System ("EAS")
       equipment in the Eagle West cable system in Mesa, Arizona. For the
       reasons discussed below, we deny the Petition.

   II. BACKGROUND

    2. On May 16, 2005, an agent of the Enforcement Bureau's San Diego Office
       attempted to inspect the operational readiness of the EAS equipment
       installed at Eagle West's cable television system serving Mesa,
       Arizona. During this inspection, the San Diego agent found that the
       system's EAS equipment, including both the encoder and the decoder,
       had been purchased and was delivered to the cable system's head-end,
       but was never installed. The agent orally warned the cable system's
       Senior Technician that the EAS equipment must be installed and made
       operational as soon as possible.

    3. On June 5, 2006, the San Diego agent returned to the Eagle West cable
       system serving Mesa, Arizona, and attempted to inspect the operational
       readiness of the EAS equipment. The agent spoke with a manager from
       Eagle West who acknowledged to the agent that Eagle West had still not
       installed or made operational the EAS equipment at its Mesa, Arizona,
       system. Upon returning to the San Diego Office, the agent reviewed the
       Commission's records and determined that several smaller cable systems
       in Arizona owned by Eagle West were granted temporary waivers of EAS
       requirements. However, there is no record that a waiver was requested
       or granted for the Eagle West cable system serving Mesa, Arizona.

    4. On November 8, 2006, the San Diego Office issued a Notice of Apparent
       Liability for Forfeiture ("NAL") in the amount of $8,000 to Eagle
       West, finding Eagle West apparently willfully and repeatedly violated
       Section 11.35 of the Rules by failing to install and make operational
       EAS equipment in its cable system serving Mesa, Arizona. Despite
       repeated contacts by the San Diego Office, Eagle West failed to file a
       response to the NAL. Consequently, on February 2, 2007, the Region
       released the Forfeiture Order, and imposed an $8,000 forfeiture on
       Eagle West for its willful and repeated violation of Section 11.35 of
       the Rules. In its Petition, Eagle West argues that the forfeiture be
       set aside because Eagle West had taken action to install the EAS
       equipment at issue and ensure its operation.

   III. DISCUSSION

    5. Reconsideration is appropriate only where the petitioner either
       demonstrates a material error or omission in the underlying order or
       raises additional facts not known or not existing until after the
       petitioner's last opportunity to present such matters. A petition for
       reconsideration that reiterates arguments that were previously
       considered and rejected will be denied.

    6. As part of its Petition, Eagle West attaches a letter it sent to the
       San Diego Office after it received the Forfeiture Order. In the
       letter, Eagle West states that the EAS equipment the San Diego agent
       saw at the headend was not EAS equipment to be used with the cable
       system. Eagle West also states that the EAS equipment "has been
       installed and operational for some time" although Eagle West does
       acknowledge that it has had several problems with the EAS equipment's
       printer and character generator. Finally, Eagle West states that the
       San Diego agent should come to the Eagle West corporate office in
       Mesa, Arizona, during the next inspection and he "will see that we
       have in fact taken care of this problem a long time ago." Because of
       the statements in this letter, Eagle West argues, in its petition,
       that the forfeiture assessed by the Region is both "erroneous and
       premature" and should be set aside. We disagree.

    7. According to the facts detailed in the NAL, as well as the
       investigative case report, the San Diego agent inspected the Eagle
       West cable system office for Mesa, Arizona, and the headend on May 16,
       2005, and found no EAS equipment. The senior technician accompanying
       the San Diego agent had no explanation as to why the EAS equipment was
       not installed. On June 5, 2006, the San Diego agent again inspected
       the Eagle West cable system office for Mesa, Arizona, and during this
       visit the company's CEO acknowledged to the agent that the EAS
       equipment had not been installed or made operational for the Mesa,
       Arizona, system. Eagle West's Petition provides no evidence to refute
       these facts. As to Eagle West's vague claim that they had "taken care
       of this problem a long time ago," Eagle West provides no dates or
       evidence to prove that the EAS equipment for its Mesa, Arizona, system
       was installed or operational at the time of the May 16, 2005, and June
       5, 2006, inspections. To the extent Eagle West installed and ensured
       the operation of the EAS equipment for its Mesa, Arizona, system after
       the inspections by the San Diego agent, we find that these efforts do
       not support a reduction in the assessed forfeiture amount. The
       Commission has stated in the past that a licensee is expected to
       correct errors when they are brought to the licensee's attention and
       that such correction is not grounds for a downward adjustment in the
       forfeiture.

    8. We have considered the arguments raised by the Eagle West in its
       Petition and find they are unpersuasive. Therefore, we deny the Eagle
       West's Petition, and affirm the Region's Forfeiture Order finding
       Eagle West liable for a forfeiture in the amount of $8,000.

   IV. ORDERING CLAUSES

    9. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the
       Communications Act of 1934, as amended, and Section 1.106 of the
       Commission's Rules, the Petition for Reconsideration, filed March 5,
       2007, by Eagle West Communications, Inc., IS DENIED.

   10. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and
       Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Eagle West
       Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the
       amount of eight thousand dollars ($8,000) for violations of Section
       11.35 of the Rules.

   11. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within 30 days of the release of this Order.
       If the forfeiture is not paid within the period specified, the case
       may be referred to the Department of Justice for collection pursuant
       to Section 504(a) of the Act. Payment of the forfeiture must be made
       by check or similar instrument, payable to the order of the Federal
       Communications Commission.  The payment must include the NAL/Acct. No.
       and FRN No. referenced above.  Payment by check or money order may be
       mailed to Federal Communications Commission, P.O.
       Box 358340, Pittsburgh, PA 15251-8340.  Payment by overnight mail may
       be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
       Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
       Number 043000261, receiving bank Mellon Bank, and account
       number 911-6106. Requests for full payment under an installment plan
       should be sent to: Associate Managing Director - Financial Operations,
       445 12th Street, SW, Room 1-A625, Washington, D.C. 20554.

   12. IT IS FURTHER ORDERED that this Order shall be sent by regular mail
       and by certified mail, return receipt requested, to Eagle West
       Communications, Inc., at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   George R. Dillon

   Associate Chief, Enforcement Bureau

   47 U.S.C. S: 405.

   47 C.F.R. S: 1.106.

   Eagle West Communications, Inc., 22 FCC Rcd 2085 (EB 2007) ("Forfeiture
   Order").

   47 C.F.R. S: 11.35.

   See Report and Order, Amendment of Part 11of the Commission's Rules
   Regarding the Emergency Alert System, 17 FCC Rcd 4055, 4083 (2002) (the
   Commission will continue to grant waivers of the EAS rules to small cable
   systems on a case-by-case basis upon a showing of financial hardship);
   Request for Waiver of Section 11.11(a) of the Commission's Rules,17 FCC
   Rcd 20108 (EB 2002) (Several Eagle West cable systems granted 36 month EAS
   waivers in Arizona and New Mexico, until October 2005; no waiver was
   requested or granted for the Eagle West Mesa, Arizona, system); Public
   Notice: EAS Waiver Extensions Granted To Very Small Cable Systems, DA
   06-1373, 2006 WL 1826176 (rel. July 3, 2006) (no EAS waivers extensions
   for any Eagle West cable systems requested or granted).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732940001
   (Enf. Bur., Western Region, San Diego Office, released November 8, 2006).

   See 47 C.F.R. S: 1.106(c); EZ Sacramento, Inc., 15 FCC Rcd 18257, (EB
   2000), citing WWIZ, Inc., 37 FCC 685, 686 (1964), aff'd sub. nom. Lorain
   Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 383 U.S.
   967 (1966).

   EZ Sacramento, Inc., 15 FCC Rcd at 18257.

   AT&T Wireless Services, Inc. 17 FCC Rcd 21866, 21871-76 (2002).

   47 U.S.C. S: 405.

   47 C.F.R. S: 1.106.

   47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4).

   47 C.F.R. S: 11.35.

   47 U.S.C. S: 504(a).

   See 47 C.F.R. S: 1.1914.

   Federal Communications Commission DA 07-4922

   1

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   Federal Communications Commission DA 07-4922