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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                           )                               
                                                                           
     In the Matter of                      )                               
                                                                           
     SCI Cable Inc.                        )   File No. EB-11-KC-0007      
                                                                           
     Owner of Cable Television Systems     )   NAL/Acct. No. 201132560007  
                                                                           
     Perry, Kansas and Lecompton, Kansas   )   FRN 0020384889              
                                                                           
     PSID # 008262                         )                               
                                                                           
                                           )                               


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: September 14, 2011 Released: September 14, 2011

   By the District Director, Kansas City Office, South Central Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture  and Order
       ("NAL"), we find that SCI Cable Inc. ("SCI"), owner of cable
       television systems in Perry, Kansas ("Perry") and Lecompton, Kansas
       ("Lecompton"), apparently willfully and repeatedly violated sections
       11.35 and 76.1803 of the Commission's rules ("Rules") by failing to:
       (1) install Emergency Alert System ("EAS") equipment; (2) log the
       removal of EAS equipment; and (3) file required Annual Basic Signal
       Leakage Performance Reports ("FCC Form 320s"). We conclude that SCI is
       apparently liable for a forfeiture in the amount of thirteen thousand
       dollars ($13,000).

   II. BACKGROUND

    2. On September 22, 2010, in response to a complaint, agents from the
       Enforcement Bureau's Kansas City Office ("Kansas City Office")
       traveled to SCI's office in Topeka, Kansas, the SCI office covering
       the Perry and Lecompton systems, and requested to see SCI's EAS logs.
       SCI's manager admitted that it did not have any EAS logs for the Perry
       and Lecompton systems, and showed the agents a disconnected EAS unit,
       which he stated that he had removed from service in the fall of 2009.
       SCI's manager also admitted during the inspection that SCI did not
       file its FCC Form 320s for the Perry and Lecompton systems with the
       Commission for 2009 and 2010 and did not have any records of its
       signal leakage testing.

    3. On October 7, 2010, the Kansas City Office sent a Letter of Inquiry
       ("LOI") to SCI. In response to a question about which cable systems
       were affected by SCI's removal of its EAS, SCI stated that its EAS was
       removed from service in September 2009 and that the cable systems in
       Perry and Lecompton shared a headend, for which an EAS unit was
       scheduled to become operational on October 31, 2010. SCI also stated
       that the Perry and Lecompton systems operated on aeronautical
       frequencies. 

   III. DISCUSSION

    4. Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       provides that any person who willfully or repeatedly fails to comply
       substantially with the terms and conditions of any license, or
       willfully or repeatedly fails to comply with any of the provisions of
       the Act or of any rule, regulation or order issued by the Commission
       thereunder, shall be liable for a forfeiture penalty. Section
       312(f)(1) of the Act defines willful as the "conscious and deliberate
       commission or omission of [any] act, irrespective of any intent to
       violate" the law. The legislative history to section 312(f)(1) of the
       Act clarifies that this definition of willful applies to both section
       312 and 503(b) of the Act and the Commission has so interpreted the
       term in the section 503(b) context.  The Commission may also assess a
       forfeiture for violations that are merely repeated, and not willful. 
       The term "repeated" means the commission or omission of such act more
       than once or for more than one day. 

    5. Every analog and digital cable system is part of the nationwide EAS
       network and is categorized as a participating national EAS source
       unless the station affirmatively requests authority to refrain from
       participation, and that request is approved by the Commission. Cable
       systems must comply with EAS requirements on a per headend basis. The
       EAS enables the President and state and local governments to provide
       immediate emergency communications and information to the general
       public.  State and local area plans identify local primary sources
       responsible for coordinating carriage of common emergency messages
       from sources such as the National Weather Service or local emergency
       management officials.  Required monthly and weekly tests originate
       from EAS Local or State Primary sources and must be retransmitted by
       the participating station. As the nation's emergency warning system,
       the EAS is critical to public safety, and we recognize the vital role
       that regulatees play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its regulatees.

    6. Section 11.35 of the Rules requires all cable systems to ensure that
       EAS encoders, EAS decoders, and attention signal generating and
       receiving equipment are installed so that the monitoring and
       transmitting functions are available during the times the systems are
       in operation. Section 11.35(b) of the Rules requires cable system
       operators to maintain a record of when defective EAS equipment is
       removed and restored to service. On September 22, 2010, agents from
       the Kansas City Office inspected SCI's office in Topeka and discovered
       that no EAS logs were available for the Perry and Lecompton systems
       for the previous two years and that no EAS equipment was installed for
       the Perry and Lecompton systems. SCI admitted in response to the LOI
       that its EAS equipment was removed from service in September 2009 and
       stated that new equipment for the Perry and Lecompton systems would be
       operational on October 31, 2010. Thus, based on the evidence before
       us, we find that SCI apparently willfully and repeatedly violated
       section 11.35 of the Rules by failing to install EAS equipment in the
       Perry and Lecompton cable systems from at least October 1, 2009 until
       October 31, 2010 and failing to log when its EAS equipment was removed
       from service.

    7. Protecting the aeronautical frequencies from harmful interference is
       of paramount importance. To this end, the Commission has established
       cable signal leakage rules to control emissions that could cause cable
       systems to interfere with aviation frequencies. The Commission
       determined the tolerable levels of unwanted signals on the
       aeronautical frequencies in two ways. First, leakage at any given
       point must not exceed 20 uV/m. Second, cable systems must meet basic
       signal leakage performance criteria as a prerequisite for operation on
       aeronautical frequencies. This is referred to as the system's
       cumulative leakage index or "CLI." Signal leakage levels that exceed
       these aforementioned thresholds are considered harmful interference.
       The Commission requires that each system annually measure its CLI (10
       log I") to demonstrate that any signal leakage is within permissible
       levels (i.e., a CLI of less than 64), the results of which must be
       reported to Commission.  The rules also require cable operators to
       provide for a program of regular monitoring of their systems to detect
       leaks. The cable system operator must promptly take measures to
       eliminate any harmful interference it causes, and must maintain a log
       for two years showing the date and location of each leakage source and
       the date on which the leakage was repaired.

    8. Section 76.1803 of the Rules requires cable system operators who
       provide service in the aeronautical bands to file FCC Form 320 every
       calendar year, reporting the results of the system's annual signal
       leakage performance tests required pursuant to section 76.611 of the
       Rules. In response to the LOI, SCI stated that the Perry and Lecompton
       cable systems provide service in the aeronautical bands. As discussed
       above, SCI admitted on September 22, 2010 that it had not filed the
       FCC Form 320s for the Perry and Lecompton systems for calendar years
       2009 and 2010 and did not have any records of its leakage testing.
       According to Commission records, SCI has since filed the
       aforementioned FCC Form 320s. The Commission expects parties to take
       post-inspection corrective action to come into compliance with the
       Rules, however, and such action does not nullify or mitigate any prior
       violations. Thus, based on the evidence before us, we find that SCI
       apparently willfully and repeatedly violated section 76.1803 of the
       Rules by failing to file the required FCC Form 320s for the Perry and
       Lecompton systems for calendar years 2009 and 2010.

    9. Pursuant to the Commission's Forfeiture Policy Statement and section
       1.80 of the Rules, the base forfeiture amount for EAS equipment not
       installed or operational is $8,000 and for failing to file required
       forms is $3,000. In assessing the monetary forfeiture amount, we must
       also take into account the statutory factors set forth in section
       503(b)(2)(E) of the Act, which include the nature, circumstances,
       extent, and gravity of the violations, and with respect to the
       violator, the degree of culpability, any history of prior offenses,
       ability to pay, and other such matters as justice may require. Our
       assessment of the proposed forfeiture in this case is particularly
       influenced by our findings of additional apparent EAS and Form 320
       filing violations in two other enforcement actions issued today and
       involving cable systems owned by SCI. These proceedings indicate that
       SCI may have a systemic non-compliance issue with the Commission's EAS
       and Form 320 filing rules. Applying the Forfeiture Policy Statement,
       section 1.80 of the Rules, and the statutory factors to the instant
       case, we therefore conclude that SCI is apparently liable for a
       $13,000 forfeiture for failure to install EAS equipment and file
       required forms.

   10. We also direct SCI to submit a statement signed under penalty of
       perjury by an officer or director of SCI stating that operational EAS
       equipment has been installed for the Perry and Lecompton cable
       systems. This statement must be provided to the Kansas City Office at
       the address listed in paragraph 15 within thirty days of the release
       date of this NAL.

   IV. ORDERING CLAUSES

   11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.204,
       0.311, 0.314 and 1.80 of the Commission's rules, SCI Cable Inc. is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE AND ORDER
       in the amount of thirteen thousand dollars ($13,000) for violations of
       sections 11.35  and 76.1803  of the Rules.

   12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
       Commission's rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture and Order, SCI Cable Inc.
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   13. IT IS FURTHER ORDERED that SCI Cable Inc. SHALL SUBMIT a statement as
       described in paragraph 10 to the Kansas City Office within thirty days
       of the release date of this Notice of Apparent Liability for
       Forfeiture and Order.

   14. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the Account Number and FRN Number
       referenced above. Payment by check or money order may be mailed to
       Federal Communications Commission, P.O. Box 979088, St. Louis, MO
       63197-9000. Payment by overnight mail may be sent to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. Payment by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted. When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C. 20554.8   If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. SCI shall send
       electronic notification on the date said payment is made to
       SCR-Response@fcc.gov.

   15. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       sections 1.80(f)(3) and 1.16 of the Rules. The written statement must
       be mailed to Federal Communications Commission, Enforcement Bureau,
       South Central Region, Kansas City Office, 520 NE Colbern Road, 2nd
       Floor, Lee's Summit, Missouri, 64086 and must include the NAL/Acct.
       No. referenced in the caption. The statement should also be emailed to
       SCR-Response@fcc.gov.

   16. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   17. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture and Order shall be sent by both Certified Mail, Return
       Receipt Requested, and regular mail, to SCI Cable Inc. at P.O. Box
       67235, Topeka, KS 66667. 

   FEDERAL COMMUNICATIONS COMMISSION

   Ronald D. Ramage

   District Director

   Kansas City Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 11.35, 76.1803.

   Letter from Robert C. McKinney, District Director, Kansas City Office,
   South Central Region, Enforcement Bureau, to Kirk Keberlein, SCI Cable,
   Inc., dated October 7, 2010.

   Letter from Kirk Keberlein, SCI Cable, Inc., to Robert C. McKinney,
   District Director, Kansas City Office, South Central Region, Enforcement
   Bureau, dated October 29, 2010 ("LOI Response").

   LOI Response at 4.

   LOI Response at 2.

   47 U.S.C. S: 503(b).

   47 U.S.C. S: 312(f)(1).

   H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the act
   (e.g., section 503).... As defined ... `willful' means that the licensee
   knew that he was doing the act in question, regardless of whether there
   was an intent to violate the law. `Repeated' means more than once, or
   where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   sections 312 and 503, and are consistent with the Commission's application
   of those terms ...").

   See, e.g., Application for Review of Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991) recon. denied, 7
   FCC Rcd 3454 (1992) ("Southern California Broadcasting Co.").

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) ("Callais
   Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day." See Southern California Broadcasting Co, 6 FCC Rcd
   at 4388; Callais Cablevision, Inc., 16 FCC Rcd at 1362.

   47 C.F.R. S:S: 11.11, 11.41.

   47 C.F.R. S: 11.11.

   47 C.F.R. S:S: 11.1, 11.21.

   47 C.F.R. S: 11.18.  State EAS plans contain guidelines that must be
   followed by broadcast and cable personnel, emergency officials and
   National Weather Service personnel to activate the EAS for state and local
   emergency alerts.  The state plans include the EAS header codes and
   messages to be transmitted by the primary state, local and relay EAS
   sources.

   47 C.F.R. S: 11.35.

   47 C.F.R. S: 11.35(b).

   See 47 C.F.R. S: 76.1711 (requiring cable systems of 1,000 or more
   subscribers to keep a record of each test and activation of the EAS).

   See Callais Cablevision, Inc., Notice of Apparent Liability for
   Forfeiture, 16 FCC Rcd 1359 (2001). The aeronautical bands are 108-137 MHz
   and 225-400 MHz. These frequencies encompass both radionavigation
   frequencies, 108-118 MHZ and 328.6-335.4 MHz, and communications
   frequencies, 118-137 MHz, 225-328.6 MHz, and 335.4-400 MHz. The
   international distress and calling frequencies, 121.5 MHz, 156.8 MHz, and
   243 MHz, receive heightened protection. See 47 C.F.R. S:76.616. These
   frequencies are critical for Search and Rescue Operations, including for
   use by Emergency Locator Transmitters on planes and Emergency Position
   Indicating Radio Beacons on boats. See generally 47 C.F.R. Part 80,
   Subpart V and 47 C.F.R. S:S:87.193-87.199. Harmful interference includes
   any interference that "endangers the functioning of a radionavigation
   service or of other safety services." See 47 C.F.R. S:S: 2.1, 76.613(a).

   Amendment of Part 76 of the Commission's Rules to Add Frequency
   Channelling Requirements and Restrictions and to Require Monitoring for
   Signal Leakage from Cable Television Systems,  Memorandum Opinion and
   Order, Docket No. 21006, 101 FCC 2d 117, P: 14 (1985).

   47 C.F.R. S:76.605(a)(12).

   47 C.F.R. S:76.611(a).

   47 C.F.R. S:76.615(b)(7).

   47 C.F.R. S:76.614.

   47 C.F.R. S:76.613(b).

   47 C.F.R. S: 76.1706.

   47 C.F.R. S: 76.1803.

   LOI Response at 2.

   See International Broadcasting Corporation, Order on Review, 25 FCC Rcd
   1538 (2010); Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099
   (1994).

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

   47 U.S.C. S: 503(b)(2)(E).

   SCI Cable, Inc., Notice of Apparent Liability for Forfeiture and Order, DA
   11-1538 (Enf. Bur. rel. Sept. 14, 2011); SCI Cable, Inc., Notice of
   Apparent Liability for Forfeiture and Order, DA 11-1540 (Enf. Bur. rel.
   Sept. 14, 2011).

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80,
   11.35, 76.1803.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-1539

                                       6

   Federal Communications Commission DA 11-1539