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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Allen's TV Cable Service, Inc. Morgan City, Louisiana ) )
) ) ) ) File No.: EB-11-OR-0134 NAL/Acct No.: 201232620001 FRN: 0003746898
Community Unit No.: LA0006
ORDER
Adopted: April 23, 2013 Released: April 23, 2013
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (Bureau) of the Federal Communications
Commission (Commission) and Allen's TV Cable Service, Inc. (ATVCI).
The Consent Decree settles an investigation and Notice of Apparent
Liability for Forfeiture and Order^ regarding ATVCI's possible
violation of Sections 76.1700(b) of the Commission's rules (Rules),^
pertaining to the availability of public inspection files during
regular business hours.
2. The Bureau and ATVCI have negotiated the terms of the Consent Decree
that resolve this matter. A copy of the Consent Decree is attached
hereto and incorporated herein by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigation.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether ATVCI possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and
503(b) of the Communications Act of 1934, as amended,^ and Sections
0.111, 0.204, 0.311, 0314 of the Rules,^ the Consent Decree attached
to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Allen's TV Cable Service, Inc. at 800 Victor II Blvd, PO
Box 2643, Morgan City, LA 70380, and to James M. Smith, its attorney,
at Davis Wright Tremaine LLP, 1919 Pennsylvania Avenue NW, Suite 800,
Washington, DC 20006.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director
South Central Region
Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Allen's TV Cable Service, Inc. Morgan City, Louisiana ) )
) ) ) ) File No.: EB-11-OR-0134 NAL/Acct No.: 201232620001 FRN: 0003746898
Community Unit No.: LA0006
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and
Allen's TV Cable Service, Inc., by their authorized representatives,
hereby enter into this Consent Decree for the purpose of terminating the
Bureau's investigation into possible violations of Section 76.1700(b) of
the Commission's rules^ pertaining to the availability of public
inspection files during regular business hours.
I. DEFINITIONS
1. For purposes of this Consent Decree, the following definitions shall
apply:
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S
151 et seq.
b. "Adopting Order" means an order of the Bureau adopting the terms of
this Consent Decree, without change, addition, deletion, or
modification.
c. "ATVCI" means Allen's TV Cable Service, Inc.
d. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
e. "Cable Public File Rules" refers to the provisions of 47 C.F.R. S
76.1700 et seq., which require that an operator of a cable television
system having more than one thousand subscribers maintain for public
inspection a file containing certain records.
f. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
g. "Communications Laws" means collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to
which ATVCI is subject by virtue of its business activities,
including but not limited to, the Cable Public File Rules.
h. "Compliance Plan" means the compliance obligations, programs and
procedures described in this Consent Decree at paragraph 9.
i. "Covered Employees" means those employees and agents of ATVCI who
perform, or supervise, oversee, or manage the performance of, duties
that relate to ATVCI's responsibilities under the Cable Public File
Rules.
j. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
k. "Investigation" means the investigation initiated by the Bureau
regarding the availability of ATVCI's pubic inspection file.
l. "NAL" means the Notice of Apparent Liability for Forfeiture and Order
released by the Bureau on February 12, 2012, Allen's TV Cable
Service, Inc., 27 FCC Rcd 1438 (Enf. Bur. 2012).
m. "Compliance Procedures" means the standard, internal operating
procedures and compliance policies established by ATVCI to implement
the Compliance Plan.
n. "Parties" means ATVCI and the Bureau, each of which is a "Party."
o. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
II. BACKGROUND
2. Section 76.1700(b) of the Rules states that "the public inspection
file [of cable system operators] shall be maintained at the office
which the system operator maintains for the ordinary collection of
subscriber charges, resolution of subscriber complaints, and other
business or at any other accessible place in the community served by
the system unit(s). The public inspection file shall be available for
public inspection at any time during regular business hours."^
3. On October 26, 2011, agents of the Enforcement Bureau's New Orleans
Office requested to inspect ATVCI's public inspection file during
regular business hours, but were unable to access the public
inspection file. (ATVCI represents that this was attributable to the
coincidental absence of the designated compliance officers at the time
of the initial visit). The agents viewed the file the next day and
found it to be satisfactory. On February 13, 2012, a Notice of
Apparent Liability for Forfeiture and Order was issued based upon
these facts. ATVCI's counsel subsequently approached the Bureau about
entering into a Consent Decree. As directed in the Notice of Apparent
Liability for Forfeiture and Order, ATVCI certifies under penalty of
perjury that its public inspection file was publicly available during
regular business hours as of March 13, 2012.
II. TERMS OF AGREEMENT
4. Adopting Order. The Parties agree that the provision of the Consent
Decree shall be subject to final approval by the Bureau by
incorporation of such provisions by reference in the Adopting Order.
5. Jurisdiction. ATVCI agrees that the Bureau has jurisdiction over it
and the matters contained in the Consent Decree and that the Bureau
has the authority to enter into and adopt this Consent Decree.
6. Effective Date; Violations. The Parties agree that this Consent Decree
shall become effective on the Effective Date as defined herein. As of
the Effective Date, the Adopting Order and this Consent Decree shall
have the same force and effect as any other order of the Bureau. Any
violation of the Adopting Order or of the terms of this Consent Decree
shall constitute a separate violation of a Commission order, entitling
the Commission to exercise any rights and remedies attendant to the
enforcement of a Commission order.
7. Termination of Investigation. In express reliance on the covenants and
representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate the
Investigation. In consideration of the termination of the
Investigation, ATVCI agrees to the terms, conditions and procedures
contained herein. The Bureau further agrees in the absence of new
material evidence, the Bureau will not use the facts developed in this
Investigation through the Effective Date, or the existence of this
Consent Decree, to institute on its own motion any new proceeding,
formal or informal, or take any action on its own motion against ATVCI
concerning the matters that were the subject of the Investigation.
8. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, ATVCI shall designate a senior corporate manager with
the requisite corporate and organizational authority to serve as
Compliance Officer and to discharge the duties set forth below. The
person designated as the Compliance Officer shall be responsible for
developing, implementing, and administering the Compliance Plan and
ensuring that ATVCI complies with the terms and conditions of the
Compliance Plan and this Consent Decree. In addition to the general
knowledge of the Communications Laws necessary to discharge his/her
duties under this Consent Decree, the Compliance Officer shall have
specific knowledge of the Cable Public File Rules prior to assuming
his/her duties.
9. Compliance Plan. For the purposes of settling the matters set forth
herein, ATVCI agrees that it shall within sixty (60) calendar days
after the Effective Date, develop and implement a revised Compliance
Plan to ensure compliance with the Communications Laws and with the
terms and conditions of this Consent Decree. With respect to the Cable
Public File Rules, ATVCI shall implement the following procedures:
a. Compliance Procedures on Public Inspection File Rules. Within sixty
(60) calendar days after the Effective Date, ATVCI shall establish
Compliance Procedures that all Covered Employees must follow to help
ensure ATVCI's compliance with the Public Inspection File Rules.
ATVCI's Compliance Procedures shall include internal procedures and
policies specifically designed to ensure that ATVCI complies with the
requirements of the Cable Public File Rules. ATVCI also shall develop
a Compliance Checklist that describes the steps that a Covered
Employee must follow to ensure compliance with the Cable Public File
Rules. At a minimum, the Compliance Checklist shall require Covered
Employees to ensure that the Cable Public File Rules are being
followed.
b. Compliance Manual. Within sixty (60) calendar days after the
Effective Date, the Compliance Officer shall develop and distribute a
Compliance Manual to all Covered Employees. The Compliance Manual
shall explain the Public Inspection File Rules and set forth the
procedures that Covered Employees shall follow to help ensure ATVCI's
compliance with the Public Inspection File Rules. ATVCI shall
periodically review and revise the Compliance Manual as necessary to
ensure that the information set forth therein remains current and
complete. ATVCI shall distribute any revisions to the Compliance
Manual promptly to all Covered Employees.
c. Compliance Training Program: ATVCI shall establish and implement a
Compliance Training Program on compliance with the Cable Public File
Rules and the Operating Procedures. As part of the Compliance
Training Program, Covered Employees shall be advised of ATVCI's
obligation to report any noncompliance with the Cable Public File
Rules under paragraph 10 of this Consent Decree and shall be
instructed on how to disclose noncompliance to the Compliance
Officer. All Covered Employees shall be trained pursuant to the
Compliance Training Program within sixty (60) calendar days after the
Effective Date, except that any person who becomes a Covered Employee
at any time after the Effective Date shall be trained within thirty
(30) calendar days after the date such person becomes a Covered
Employee. ATVCI shall repeat the compliance training on an annual
basis, and shall periodically review and revise the Compliance
Training Program as necessary to ensure that it remains current and
complete and to enhance its effectiveness.
10. Reporting Noncompliance. ATVCI shall report any noncompliance with the
Cable Public File Rules and with terms and conditions of this Consent
Decree within fifteen (15) calendar days after discovery of such
noncompliance. Such reports shall include a detailed explanation of
(i) each instance of noncompliance; (ii) the steps that ATVCI has
taken or will take to remedy such noncompliance; (iii) the schedule on
which such remedial actions will be taken; and (iv) the steps that
ATVCI has taken or will take to prevent the recurrence of any such
noncompliance. All reports of noncompliance shall be submitted to the
Regional Counsel, South Central Region, Enforcement Bureau, Federal
Communications Commission, Atlanta Office, 3575 Koger Blvd. Suite 320,
Duluth, GA 30096, with a copy submitted electronically to
SCR-Response@fcc.gov.
11. Compliance Reports. ATVCI shall file Compliance Reports with the
Commission ninety (90) days after the Effective Date, twelve (12)
months after the Effective Date, and twenty-four (24) months after the
Effective Date.
a. Each Compliance Report shall include a detailed description of ATVCI's
efforts during the relevant period to comply with the terms and
conditions of this Consent Decree and the Cable Public File Rules. In
addition, each Compliance Report shall include a certification by the
Compliance Officer, as an agent of and on behalf of ATVCI, stating
that the Compliance Officer has personal knowledge that ATVIC (i) has
established and implemented the Compliance Plan; and (ii) is not aware
of any instances of noncompliance with the terms and conditions of
this Consent Decree, including the reporting obligations set forth in
paragraph 10 hereof.
b. The Compliance Officer's certification shall be accompanied by a
statement explaining the basis for such certification and must comply
with Section 1.16 of the Rules, 47 C.F.R. S 1.16, and be subscribed to
as true under penalty of perjury in substantially the form set forth
therein.
c. If the Compliance Officer cannot provide the requisite certification,
the Compliance Officer, as an agent of and on behalf of ATVCI, shall
provide the Commission with a detailed explanation of the reason(s)
why and describe fully (i) each instance of noncompliance; (ii) the
steps that ATVCI has taken or will take to remedy such noncompliance,
including the schedule on which proposed remedial actions will be
taken; and (iii) the steps that ATVCI has taken or will take to
prevent the recurrence of any such noncompliance, including the
schedule on which such preventive action will be taken.
d. All Compliance Reports shall be submitted to the Regional Counsel,
South Central Region, Enforcement Bureau, Federal Communications
Commission, Atlanta Office, 3575 Koger Blvd. Suite 320, Duluth, GA
30096, with a copy submitted electronically to
[1]SCR-Response@fcc.gov.
12. Termination Date. Unless stated otherwise, the requirements of
paragraphs 8-11 of this Consent Decree shall expire twenty-four (24)
months after the Effective Date.
13. Complaints; Subsequent Investigations. Nothing in this Consent Decree
shall prevent the Commission or its delegated authority from
adjudicating complaints against ATVCI for alleged violations of the
Act, or for any other type of alleged misconduct, regardless of when
such misconduct took place. The Commission's adjudication of any such
complaints will be based solely on the record developed in that
proceeding. Except as expressly provided in this Consent Decree, this
Consent Decree shall not prevent the Commission from investigating new
evidence of noncompliance by ATVCI with the Communications Laws.
14. Voluntary Contribution. ATVCI agrees that it will make a voluntary
contribution to the United States Treasury in the amount of eight
thousand dollars ($8,000) within thirty (30) calendar days after the
Effective Date. ATVCI shall also send electronic notification of
payment to SCR-RESPONSE@fcc.gov on the date said payment is made.
The payment must be made by check or similar instrument, wire
transfer, or credit card, and must include the NAL/Account number and
FRN referenced above. Regardless of the form of payment, a completed
FCC Form 159 (Remittance Advice) must be submitted.^ When completing
the FCC Form 159, enter the Account Number in block number 23A (call
sign/other ID) and enter the letters "FORF" in block number 24A
(payment type code). Below are additional instructions you should
follow based on the form of payment you select:
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
If you have questions regarding payment procedures, please contact the
Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
e-mail, ARINQUIRIES@fcc.gov.
15. Waivers. ATVCI waives any and all rights it may have to seek
administrative or judicial reconsideration, review, appeal or stay, or
to otherwise challenge or contest the validity of this Consent Decree
and the Adopting Order, provided the Bureau issues an Adopting Order
as defined herein. ATVCI shall retain the right to challenge the
Commission interpretation of this Consent Decree or any terms
contained herein. If either Party (or the United State on behalf of
the Commission) brings a judicial action to enforce the terms of the
Adopting Order, neither ATVCI nor the Commission shall contest the
validity of the Consent Decree or of the Adopting Order, and ATVCI
shall waive any statutory right to a trial de novo. ATVCI hereby
agrees to waive any claims it may otherwise have under the Equal
Access to Justice Act, 5 U.S.C. S 504 and 47 C.F.R. S 1.1501 et seq.,
relating to the matters addressed in this Consent Decree.
16. Invalidity. In the event that this Consent Decree in its entirety is
rendered invalid by any court of competent jurisdiction, it shall
become null and void and may not be used in any manner in any legal
proceeding.
17. Subsequent Rule or Order. The Parties agree that if any provision of
the Consent Decree conflicts with any subsequent Rule or order adopted
by the Commission (except an order specifically intended to revise the
terms of this Consent Decree to which ATVCI does not expressly
consent) that provision will be superseded by such Rule or Commission
order.
18. Successors and Assigns. ATVCI agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
19. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties with
respect to the Investigation. The Parties further agree that this
Consent Decree does not constitute either an adjudication on the
merits or a factual or legal finding or determination regarding any
compliance or noncompliance with requirements of the Communications
Laws.
20. Modifications. This Consent Decree cannot be modified without the
advance written Consent of both Parties.
21. Paragraph Headings. The headings of the paragraphs in this Consent
Decree are inserted for convenience only and are not intended to
affect the meaning or interpretation of this Consent Decree.
22. Authorized Representative. The individual signing this Consent Decree
on behalf of ATVCI represents and warrants that he is authorized by
ATVCI to execute this Consent Decree and to bind ATVCI to the
obligations set forth herein. The FCC signatory represents that he is
signing this Consent Decree in his official capacity and that he is
authorized to execute this Consent Decree.
23. Counterparts. This Consent Decree may be signed in any number of
counterparts (including facsimile), each of which, when executed and
delivered, shall be an original, and all of which counterparts
together shall constitute one and the same fully executed instrument.
____________________________________________
By: Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
Date: _______________________________________
ALLEN'S TV CABLE SERVICE, INC.
____________________________________________
By: Gregory A. Price
President
Date: ______________________________________
^ See Allen's TV Cable Service, Inc., Notice of Apparent Liability for
Forfeiture and Order, 27 FCC Rcd 1438 (Enf. Bur. 2012).
^ 47 C.F.R. S 76.1700(b).
^ 47 U.S.C. SS 154(i), 154(j), 503(b).
^ 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314.
^ 47 C.F.R. S76.1700(b).
^ 47 C.F.R. S 76.1700(b).
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
Federal Communications Commission DA 13-611
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Federal Communications Commission DA 13-611
Federal Communications Commission DA 13-611
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Federal Communications Commission DA 13-611
References
Visible links
1. mailto:SCR-Response@fcc.gov