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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                  )                                
                                                                   
                                  )                                
                                      File No.: EB-08-DT-0201      
     In the Matter of             )                                
                                      NAL/Acct. No.: 201232360004  
     Richards TV Cable Co. Inc.   )                                
                                      FRN: 0021400247              
     Jerusalem, Ohio              )                                
                                      PSID No.:  008085            
                                  )                                
                                                                   
                                  )                                



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: February 13, 2012 Released: February 13, 2012

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that Richards TV Cable Co. Inc. (Richards TV), operator of a
       cable television system in Jerusalem, Ohio, apparently willfully and
       repeatedly violated Section 11.35  of the Commission's rules (Rules)
       by failing to install emergency alert system (EAS) equipment. We
       conclude that Richards TV is apparently liable for a forfeiture in the
       amount of ten thousand dollars ($10,000). We further direct Richards
       TV to submit, no later than thirty (30) calendar days from the release
       date of this NAL, a written statement signed under penalty of perjury
       stating that its cable systems are now in compliance with Section
       11.35 of the Rules.

   II. BACKGROUND

    2. On June 19, 2008, agents from the Enforcement Bureau's Detroit Office
       (Detroit Office) inspected Richards TV's cable system serving
       Jerusalem, Ohio, with the cable system's owner, Mark Richards. The
       agents observed that the cable system did not have any EAS equipment
       installed. Mr. Richards admitted that the cable system did not have
       any EAS equipment and told the agents that he was having trouble
       finding affordable equipment. On September 14 and 15, 2009, agents
       from the Detroit Office reinspected Richards TV's cable system serving
       Jerusalem, Ohio, and found that the cable system still did not have
       any EAS equipment installed. On April 25, 2011, Mr. Richards reported
       by telephone
       to an agent in the Detroit Office that the cable system serving
       Jerusalem, Ohio still did not have any
       EAS equipment.

   III. DISCUSSION

    3. 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.

     A. Failure to Install Emergency Alert System Equipment

    4. Every analog and digital cable system is part of the nationwide EAS
       network and is categorized as a participating national EAS source
       unless the cable system affirmatively requests authority to refrain
       from participation, and that request is approved by the Commission.
       Cable systems must comply with EAS requirements on a headend basis.
       The EAS enables the President and state and local governments to
       provide immediate 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 cable system. As
   the nation's emergency warning system, the EAS is critical to public
   safety, and we recognize the vital role that cable systems play in
   ensuring its success. The Commission takes seriously any violations of the
   Rules implementing the EAS and expects full compliance from its
   regulatees.

    5. Section 11.35 of the Rules requires all cable systems to ensure that
       the EAS encoders, EAS decoders, and attention signal generating and
       receiving equipment used as part of the EAS are installed and
       operational so that the monitoring and transmitting functions are
       available during the times the stations and systems are in operation.
       During inspections conducted on June 19, 2008, September 14, 2009, and
       September 15, 2009, agents from the Detroit Office observed that
       Richards TV's cable system serving Jerusalem, Ohio, did not have any
       operational EAS equipment installed. Further, during the inspection,
       Mr. Richards, the owner of the cable system, admitted that the system
       did not have the required EAS equipment. The owner also reported to an
       agent by telephone on April 25, 2011, that as of that date, Richards
       TV still had not installed EAS equipment at its cable system serving
       Jerusalem, Ohio. Because Richards TV consciously operated its cable
       system without EAS equipment for more than one day, we find the
       apparent violations to be willful and repeated. Based on the evidence
       before us, we find that Richards TV apparently willfully and
       repeatedly violated Section 11.35 of the Rules by failing to install
       EAS equipment at its cable system in Jerusalem, Ohio.

     A. Proposed Forfeiture and Reporting Requirement

    6. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for failing to have EAS
       equipment installed or operational is $8,000. 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.  Richards TV's failure to install
       EAS equipment at its cable system despite being warned repeatedly to
       do so during inspections in June 2008 and again in September 2009,
       demonstrates a deliberate disregard for the Commission's requirements.
       Based on the evidence before us, we find that an upward adjustment of
       $2,000 is warranted. Applying the Forfeiture Policy Statement, Section
       1.80 of the Rules, and the statutory factors to the instant case, we
       conclude that Richards  TV  is apparently liable for a total
       forfeiture in the amount of $10,000.

    7. We direct Richards TV to submit a statement, pursuant to Section 1.16
       of the Rules,  signed under penalty of perjury by an officer or
       director of Richards TV stating that its cable system serving
       Jerusalem, Ohio is now in compliance with Section 11.35 of the Rules.
       The statement should also state whether Richards TV's cable systems
       serving Bealsville, Ohio and New Athens, Ohio are in compliance with
       Section 11.35 of the Rules. This statement must be provided to the
       Detroit Office at the address listed in paragraph 10 within thirty
       (30) calendar days of the release date of this NAL.

   IV. ORDERING CLAUSES

    8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.204(b),
       0.311, 0.314 and 1.80 of the Commission's rules, Richards TV Cable Co.
       Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
       the amount of ten thousand dollars ($10,000) for violation of Section
       11.35 of the Rules.

    9. 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, Richards TV
       Cable Co. Inc. SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   10. IT IS FURTHER ORDERED that Richards TV Cable Co., Inc. SHALL SUBMIT a
       written statement as described in paragraph 7 within thirty (30)
       calendar days of the release date of this Notice of Apparent Liability
       for Forfeiture and Order. The statement must be mailed to Federal
       Communications Commission, Enforcement Bureau, Northeast Region,
       Detroit Office, 24897 Hathaway Street, Farmington Hills, Michigan
       48335. Richards TV Cable Co. Inc. shall also email the written
       statement to  NER-Response@fcc.gov.

   11. 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
       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.   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. Richards  TV  Cable Co.
       Inc.  shall also send electronic notification on the date said payment
       is made to NER-Response@fcc.gov.

   12. 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 1.16 and 1.80(f)(3) of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, Northeast
       Region, Detroit Office, 24897 Hathaway Street, Farmington Hills,
       Michigan 48335 and include the NAL/Acct. No. referenced in the
       caption. Richards  TV Cable Co. Inc. also shall email the written
       response to NER-Response@fcc.gov.

   13. 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.

   14. 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 Richards TV Cable Co. Inc. at
       P.O. Box 2, Jerusalem, Ohio 43747.

   FEDERAL COMMUNICATIONS COMMISSION

   James A. Bridgewater

   District Director

   Detroit Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 11.35.

   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), recons. denied,
   7 FCC Rcd 3454.

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362 para. 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 Callais Cablevision, Inc., 16 FCC Rcd at 1362.

   47 C.F.R. S:S: 11.11, 11.19, 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: 11.21.

   47 C.F.R. S: 11.61.

   47 C.F.R. S: 11.35. Section 11.11 of the Rules states that "[a]nalog cable
   systems serving <5,000 subscribers are permitted to operate without an EAS
   encoder if they install an FCC-certified decoder." Richards TV reported to
   the agent that it has fewer than 5,000 subscribers, so Richards TV is only
   required to install a decoder. Richards TV also reported in the last Form
   325 that it filed with the Commission that it had fewer than 5,000
   subscribers.

   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), recons. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

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

   47 C.F.R. S: 1.16.

   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.

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

   47 C.F.R. S:S: 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 12-194

                                       2

                  Federal Communications Commission DA 12-194