FCC Web Documents citing 76.1700
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- AND ORDER Adopted: March 7, 2007 Released: March 7, 2007 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order (``MO&O''), we admonish Time Warner Cable (``Time Warner'' or the ``Company'') for failure to provide prompt access to its public inspection files on September 13 and 16, 2005, in violation of Section 76.1700 of the Commission's rules. We have reviewed the record thoroughly, including Time Warner's responses, and conclude that Time Warner willfully violated Section 76.1700 on September 13, 2005, by requiring a member of the public to schedule an appointment to view the Company's public file during regular business hours. Time Warner again violated the cable public file rule on September 16,
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- or around December 22, 2005, alleging violations of the Cable Public File Rule by Bresnan. h. ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq.; i. ``Rules'' mean the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; j. ``Cable Public File Rule'' means the provisions of 47 C.F.R. 76.1700 et seq.; k. ``public file,'' ``public inspection file'' or ``public inspection files'' mean the records to be maintained by cable operators pursuant to the Cable Public File Rule; l. ``Adopting Order'' means an order of the Bureau adopting this Consent Decree; m. ``Effective Date'' means the date on which the Adopting Order is released; n. ``Investigation'' means the investigation conducted
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- 0004522298 Adopted: June 10, 2008 Released: June 12, 2008 By the Associate Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Northland Cable Ventures, LLC (``Northland''). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture by the Bureau against Northland for possible violations of Section 76.1700(b) of the Commission's Rules regarding cable public inspection files. The Bureau and Northland have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be
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- a response to CWA's complaint. Thereafter, on May 8, 2001, CWA and AT&T jointly requested withdrawal of CWA's complaint. Accordingly, CWA's complaint is hereby dismissed. This action is without prejudice to any enforcement action the Commission may take against AT&T for violations of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION W. Kenneth Ferree Chief, Cable Services Bureau See 47 C.F.R. 76.1700-1704, 76.1706, 76.1710, 76.1715. (...continued from previous page) (continued....) Federal Communications Commission DA 01-1280 Federal Communications Commission DA 01-1280 @& 0 0 0 0 0 0
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- CA. Los Angeles, CA District Office (10/1/01). 47 C.F.R. Part 76 Multichannel Video and Cable Television Service 47 C.F.R. 76.605 Technical Standards TCI Cablevision of California, Inc., San Mateo, CA, (Physical System #002150). San Francisco, CA District Office (10/3/01). TCI Cablevision of California, Inc., South San Francisco, CA (Physical System #003387). Other violations: 47 C.F.R. 76.1700 (Records to be Maintained Locally By Cable System Operators), 76.1701 (Political File) and 76.1710 (Operator Interests in Video Programming). San Francisco, CA District Office (10/3/01). Mediacom, Excelsior Springs, MO. Kansas City, MO District Office (10/9/01). Charter Communications, Picayune, MS. New Orleans, LA District Office (10/11/01). Charter Communications, Columbia, MS. Other violations: 47 C.F.R. 76.1701 (Political File) and 76.1708 (Principal
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- Oxnard, CA. Los Angeles, CA District Office (10/1/01). 47 C.F.R. Part 76 - Multichannel Video and Cable Television Service 47 C.F.R. 76.605 - Technical Standards TCI Cablevision of California, Inc., San Mateo, CA, (Physical System #002150). San Francisco, CA District Office (10/3/01). TCI Cablevision of California, Inc., South San Francisco, CA (Physical System #003387). Other violations: 47 C.F.R. 76.1700 (Records to be Maintained Locally By Cable System Operators), 76.1701 (Political File) and 76.1710 (Operator Interests in Video Programming). San Francisco, CA District Office (10/3/01). Mediacom, Excelsior Springs, MO. Kansas City, MO District Office (10/9/01). Charter Communications, Picayune, MS. New Orleans, LA District Office (10/11/01). Charter Communications, Columbia, MS. Other violations: 47 C.F.R. 76.1701 (Political File) and 76.1708 (Principal
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- and cable records which must be made available to the public for inspection are provided for in this section. Need: These rules prescribe general operating and recordkeeping requirements for cable television systems. Legal basis: 47 U.S.C. 154, 521 Section number and Title: 76.305(a) Records to be maintained locally by cable system operators. Recordkeeping requirements. (This section was renumbered as 76.1700(a) pursuant to the Commission's reorganization and renumbering of Section 76 as part of the 1998 Biennial Review - Multichannel Video and Cable Television Service, 65 FR 53610). 76.305(c) Records to be maintained locally by cable system operators. (This section was renumbered as 76.1700(c) pursuant to the Commission's reorganization and renumbering of Section 76 as part of the 1998 Biennial Review
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- Cable Television Rules Pertaining to the Public File, Notice, and Recordkeeping Requirements cs docket No. 98-132 On October 22, 2001, the Commission adopted 1998 Biennial Regulatory Review -- Streamlining of Cable Television Services Part 76 Public File and Notice Requirements, Second Report and Order, CS Docket 98-132 (FCC 01-314 (2001)). In the Second Report and Order, the Commission adopted Section 76.1700(a) as a final rule, as well as, clarified and made minor corrections to various Part 76 rules pertaining to the public file, notice, recordkeeping, and reporting requirements applicable to cable operators. Section 76.1700(a) relieves cable systems serving 1000 or more, but fewer than 5000 subscribers, from certain recordkeeping requirements associated with maintaining the public file, requiring public file information to
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- KDMN(AM), Buena Vista, CO. $7,000 NAL. Denver, CO District Office (12/31/02). 47 C.F.R. Part 76 - Mutlichannel Video and Cable Television Service 47 C.F.R. 76.605 - Technical Standards Small Town Communications Partner I LP, Nashville, TN. $8,000 NAL. Other violation: 47 C.F.R. 76.611 (Cable Television Basic Signal Leakage Performance Criteria). Atlanta, GA District Office (12/6/02). 47 C.F.R. 76.1700 - Records to be Maintained Locally By Cable System Operators Time Warner Cable, Bakersfield, CA. $10,000 NAL. Los Angeles, CA District Office (12/30/02). C E | $ B D E D E F F PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o a% Tf(c) U~UyӚo=c {YAD Zv}YAD e/,-%E9 ^1J 2 bʆPh=f 8H]}`2@ 'XtpO
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- June 14, 2004 By the Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand six hundred dollars ($6,600) to Time Warner Entertainment - Advance/Newhouse Subsidiary, LLC d/b/a Time Warner Cable (``TWEAN''), owner of a cable television system serving Bakersfield, California, for its apparent willful and repeated violation of Section 76.1700(a) of the Commission's Rules (``Rules''). The violation involves failure to maintain all required material in the system's public inspection file. background On July 30, 2002, an agent from the Commission's Los Angeles, California Field Office (``Los Angeles Office'') inspected the TWEAN cable system located in Bakersfield, California. TWEAN's Bakersfield system serves more than 5000 customers. The agent's inspection revealed that
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- a complaint jointly filed on November 26, 2003, by the Communications Workers of America and the International Brotherhood of Electrical Workers (the ``Complaint''), the Enforcement Bureau has been investigating whether Comcast Corporation (``Comcast''), which operates various cable television systems through subsidiary entities, may have willfully and repeatedly violated the requirements of the cable public inspection file rules, 47 C.F.R. 76.1700 et seq. 2. The Bureau and Comcast have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating the captioned investigation. We also conclude that, in the absence
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 04-3825 Released: December 6, 2004 REMINDER OF Cable TELEVISION SYSTEM public inspection file OBLIGATIONS Cable television system operators are reminded that, pursuant to Section 76.1700 of the Commission's rules, cable television systems are generally required to have a public inspection file containing certain information relating to its operations and compliance with the Commission rules. The public inspection file is intended to provide a source of information to subscribers and other interested parties about their local cable system and its compliance with the rules. Each system's
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- records to ensure that materials are not stolen, damaged, or misplaced. Accordingly, we deny the above-noted complaint of EEO public file violations filed by James Shelton against Time Warner Cable. Sincerely, Lewis Pulley Assistant Chief, Policy Division Media Bureau 47 C.F.R. 76.1702(a). Mr. Shelton also alleges the violation by Time Warner of the cable public file rule, 47 C.F.R. 76.1700. This allegation will be separately addressed by the Commission's Enforcement Bureau. Both Mr. Drake and Mr. Shelton voluntarily filed multiple submissions in order to supplement their original correspondence. See 47 C.F.R. 76.1702(a). See Reminder of Cable Television System Public Inspection File Obligations, Public Notice, 19 FCC Rcd 23632 (2004); Comcast Corporation, Order, 19 FCC Rcd 20813 (EB 2004). See
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- AND ORDER Adopted: March 7, 2007 Released: March 7, 2007 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order (``MO&O''), we admonish Time Warner Cable (``Time Warner'' or the ``Company'') for failure to provide prompt access to its public inspection files on September 13 and 16, 2005, in violation of Section 76.1700 of the Commission's rules. We have reviewed the record thoroughly, including Time Warner's responses, and conclude that Time Warner willfully violated Section 76.1700 on September 13, 2005, by requiring a member of the public to schedule an appointment to view the Company's public file during regular business hours. Time Warner again violated the cable public file rule on September 16,
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- or around December 22, 2005, alleging violations of the Cable Public File Rule by Bresnan. h. ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq.; i. ``Rules'' mean the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; j. ``Cable Public File Rule'' means the provisions of 47 C.F.R. 76.1700 et seq.; k. ``public file,'' ``public inspection file'' or ``public inspection files'' mean the records to be maintained by cable operators pursuant to the Cable Public File Rule; l. ``Adopting Order'' means an order of the Bureau adopting this Consent Decree; m. ``Effective Date'' means the date on which the Adopting Order is released; n. ``Investigation'' means the investigation conducted
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- centrally located, Section 76.1702(a) places the additional obligation upon an MVPD to maintain and make available for public inspection its EEO file, not only at its central system location, but also at every location at which it has six or more full-time employees. We hereby clarify that the Public Notice relates only to the obligations of an MVPD under Section 76.1700 regarding the maintenance and availability of its general public inspection file. It does not modify an MVPD's obligations under Section 76.1702(a) with regard to its EEO file, obligations which Time Warner failed to meet. Upon our review of the matter, we conclude that Time Warner failed to maintain required EEO files at its locations in Torrance and Garden Grove, California,
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- 0004522298 Adopted: June 10, 2008 Released: June 12, 2008 By the Associate Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Northland Cable Ventures, LLC (``Northland''). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture by the Bureau against Northland for possible violations of Section 76.1700(b) of the Commission's Rules regarding cable public inspection files. The Bureau and Northland have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be
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- These records are needed to document compliance with various regulatory requirements. Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 571, 572 and 573. Section Number and Title: 76.1700 Records to be maintained by cable system operators. 76.1701 Political file. 76.1702 Equal employment opportunity. 76.1703 Commercial records on children's programs. 76.1704 Proof-of-performance test data. 76.1705 Performance test (channels delivered). 76.1706 Signal leakage logs and repair records. 76.1707 Leased access. 76.1708 Principal headend. 76.1709 Availability of signals. 76.1710 Operator interests in video programming. 76.1711 Emergency alert system (EAS) tests and
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- apparent liability for forfeiture AND ORDER Adopted: February 13, 2012 Released: February 13, 2012 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Allen's TV Cable Service, Inc. (ATVCI), owner of the cable system in Morgan City, Louisiana, apparently willfully violated Section 76.1700(b) of the Commission's rules (Rules), by failing to make its public inspection file available during regular business hours. We conclude that ATVCI is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). In addition, no later than thirty (30) calendar days from the date of this NAL, ATVCI must submit a statement signed under penalty of
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- NAL/Acct. No. 200332900002 FRN # 0007935562 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 30, 2002 By the Enforcement Bureau, Los Angeles Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Time Warner Cable (``TWC''), the owner of cable television system serving Bakersfield, California (Community Unit # CA0173) apparently willfully and repeatedly violated Section 76.1700(a) of the Federal Communications Commission (``FCC'') Rules and Regulations (``Rules''), by failing to maintain all required material in the system's public inspection file. We conclude, pursuant to Section 503(b) of the Communication Act of 1934, as amended (``Act''), that TWC is apparently liable for forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND On July 30, 2002, an
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- Director, Kansas City Office, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Classic Cable, operator of the cable system serving Concordia, Kansas. On August 12, 2003, an agent of the Commission's Kansas City Office inspected the cable system in Concordia, Kansas and observed the following violation: 47 C.F.R. 76.1700(b): ``The public inspection file 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 accessible place in the community served by the system unit(s) (such as a public registry for documents or an attorney's office). The public inspection file shall be available
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- - 20 micro-volts per meter measured at 3 meters. At the time of inspection signal leakage was observed on the frequency of 133.2625 MHz as follows: 141 V/m Alleyway behind 509 Caswell Street 282 V/m 1208 Davis Street 229 V/m Corner East 4th Second Avenue 229 V/m Corner of Austin and Ontario Streets, pole near Dominos Pizza 47 C.F.R. 76.1700(b): The public inspection file shall be maintained at the office which the systems 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. The public inspection file shall be available for public inspection at any time during regular business hours. At
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- EAS are installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation. Additionally ... cable systems ...must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and (2). Appropriate entries must be made in the cable system record as specified in 76.1700, 76.1708 and 76.1711 of this chapter ... indicating reasons why any tests were not received.'' The EAS encoder / decoder would not retain the current date and there was no entry in the cable system record stating when the problem was first noted. Also, the cable system record did not address absent EAS test receptions. Pursuant to Section 308(b) of
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- EAS are installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation. Additionally, ... cable systems ...must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and (2). Appropriate entries must be made in the cable system record as specified in 76.1700, 76.1708 and 76.1711 of this chapter ... indicating reasons why any tests were not received.'' A review of the available EAS logs from August 30, 2004 through June 28, 2005 revealed that there were missing entries for received tests. There were numerous weeks which did not have an entry for a received test and those weeks which showed a received
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- FRN 0005184247 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 20, 2006 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Mediacom Communications Corporation (``Mediacom''), operator of a cable system serving Springfield, Battlefield, and parts of Greene County, Missouri, apparently willfully violated Section 76.1700 of the Commission's Rules (``Rules'') by failing to make material required to be in the system's public file (commercial records for children's programming) available for inspection. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Mediacom is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND On
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- and transmitting functions are available during the times the stations and systems are in operation. Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in Sec. 11.61(a)(1) and (a)(2). Appropriate entries must be made in the ... cable system record as specified in 76.1700, 76.1708, and 76.1711 of this chapter ... indicating reasons why any tests were not received.'' At the time of inspection, the EAS equipment was operational, but there were missing entries of tests received from station KYKX and there were no entries in the log indicating the reasons why the tests were not received. Pursuant to Section 308(b) of the Communications
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- and transmitting functions are available during the times the stations and systems are in operation. Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in Sec. 11.61(a)(1) and (a)(2). Appropriate entries must be made in the ... cable system record as specified in 76.1700, 76.1708, and 76.1711 of this chapter ... indicating reasons why any tests were not received.'' At the time of inspection the EAS equipment was operational, but there were no log entries of test sent for the weeks of April 16-22, May 14-20, and June 11-17, 2006 and there were no entries in the log indicating the reasons why the tests
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- ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Beaver Creek Cooperative Telephone Company (``Beaver Creek''), operator of a cable system in Oregon City, Oregon. On March 16, 2007, an agent of the Enforcement Bureau's Portland Resident Agent Office inspected the Beaver Creek cable system located near Oregon City, Oregon and observed the following violation: 47 C.F.R. 76.1700: ``The operator of every cable television system having 1000 or more subscribers but fewer than 5000 subscribers . . . shall maintain for public inspection a file containing a copy of all records required to be kept by 76.1701 (political file).'' At the time of the inspection, Beaver Creek could not produce a copy of the required political file.
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- 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.'' Section 76.1700 provides that a cable system having 1,000 or more subscribers but fewer than 5,000 subscribers ``shall maintain for public inspection a file containing a copy of all records which are required to be kept by Section 76.1701 (political file).'' In contrast, records regarding, among other things, commercial limits for children's programming and EEO requirements, need only be made available ``upon
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- NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 23, 2007 By the District Director, Dallas Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Northland Cable Ventures, LLC (``Northland''), owner of the cable television system in Gun Barrel City, Texas, Physical System ID 008406, apparently willfully and repeatedly violated Section 76.1700(b) of the Commission's Rules (``Rules'') by failing to maintain a complete public inspection file within their physical system and apparently willfully violated Section 76.1700(b) of the Rules by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Northland is apparently liable for a forfeiture
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- 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.'' Section 76.1700 provides that a cable system having 5,000 or more subscribers shall maintain for public inspection, inter alia, a file containing a copy of all records which are required to be kept by Section 76.1701 (Political File). RCN has approximately 96,960 Basic Service subscribers and therefore is required to maintain a Political File for public inspection. 12 FCC Rcd 17087 (1997),
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- 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.'' Section 76.1700(a) provides that a cable system having 5,000 or more subscribers shall maintain for public inspection, inter alia, a file containing a copy of all records which are required to be kept by Section 76.1701 (Political File). At the time of the inspection, Adams had approximately 22,271 Basic Service subscribers and therefore is required to maintain a Political File for public
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- 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.'' Section 76.1700(a) provides that a cable system having 5,000 or more subscribers shall maintain for public inspection, inter alia, a file containing a copy of all records which are required to be kept by Section 76.1701 (Political File). Atlantic Broadband has approximately 5,169 Basic Service subscribers and therefore is required to maintain a Political File for public inspection. 12 FCC Rcd 17087
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- EAS Participant records as specified in 11.35(a) and 11.54(b)(13). 11.35(a) states ``EAS Participants must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in . . . cable system records as specified in Sec. Sec. 76.1700, 76.1708, and 76.1711 of this chapter.'' During the inspection, the agent observed that for the months of April and June 2008, there were no entries in the EAS logs nor any EAS printouts of Required Monthly Tests received from station WFAS, one of Cablevision's two monitoring sources. There were no log entries indicating the reasons why these tests were not
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- EAS Participant records as specified in 11.35(a) and 11.54(b)(13). 11.35(a) states ``EAS Participants must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in . . . cable system records as specified in Sec. Sec. 76.1700, 76.1708, and 76.1711 of this chapter.'' During the inspection, the agent observed that for the months of April and June 2008, there were no entries in the EAS logs nor any EAS printouts of Required Monthly Tests received from station WFAS, one of Cablevision's two monitoring sources. There were no log entries indicating the reasons why these tests were not
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- Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Charter Communications, operator of a cable system in Irwindale, California. On October 8, 2009, an agent of the Enforcement Bureau's Los Angeles Office inspected the Charter Communications cable system located at 4781 Irwindale Avenue, and observed the following violation: 47 C.F.R. 76.1700(a): ``The operator of every cable television system having 5000 or more subscribers shall maintain for public inspection a file containing a copy of all records required to be kept by 76.1701 (political file). . . . (b) The public inspection file shall be maintained at the office which the system operator maintains for the ordinary collection of subscriber charges,
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- the monitoring and transmitting functions are available during the times the systems are in operation. Additionally, cable systems must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the cable system records as specified in 76.1700, 76.1708 and 76.1711. As the nation's emergency warning system, the Emergency Alert System 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. On October 5, 2009, an agent from the Houston
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296218A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296218A1.pdf
- the monitoring and transmitting functions are available during the times the systems are in operation. Additionally, cable systems must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the cable system records as specified in 76.1700, 76.1708 and 76.1711. As the nation's emergency warning system, the Emergency Alert System 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. On October 5 and 7, 2009, an agent from
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-301926A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-301926A1.pdf
- Avenue, Globe, Arizona, and observed the following violations: a. 47 C.F.R. 11.35(a): ``EAS Participants must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a) (1) and (a) (2). Appropriate entries indicating reasons why any tests were not received must be made in the [...] cable system records as specified in Sec. 76.1700, 76.1708, and 76.1711 of this chapter.'' At the time of the inspection, the agent found that there were no entries in the station log indicating why tests had not been received from the primary local primary (LP-1) Emergency Management 158.940 MHz over the three months prior to the inspection. b. 47 C.F.R. 11.61(a): ``EAS Participants shall conduct tests at
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- 17 East Oregon Avenue, Philadelphia, Pennsylvania, and observed the following violation: 47 C.F.R. 11.35(a): ``...EAS Participants must determine the cause of any failure to receive the required tests or activations specified in sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the ... cable system records as specified in 76.1700, 76.1708, and 76.1711 of this chapter.'' At the time of the inspection, there were no entries in Verizon's EAS logs indicating the reasons why the required weekly tests were not received from WMGK between July 4, 2011 and July 26, 2011, and between June 1, 2011 and June 22, 2011. As the nation's emergency warning system, the Emergency Alert System
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-310620A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-310620A1.pdf
- must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in Sections 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in Sections 76.1700, 76.1708, and 76.1711 of this chapter.'' At the time of the inspection, logs showed that only one source for EAS messages was being received. Logs also indicated that logging printer failures were preventing the maintenance of complete and legible logs for test and alerts both originated and received. As the nation's emergency warning system, the Emergency Alert System is critical
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-310869A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-310869A1.pdf
- must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in Sections 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in Sections 76.1700, 76.1780, and 76.1711 of this chapter.'' At the time of the inspection, the KHWG(AM) EAS equipment was not able to fully receive and transmit tests, and there were no entries in the station log indicating any failures. 47 C.F.R. 11.61(a): ``EAS Participants shall conduct tests at regular intervals, as specified in paragraphs (a)(1) and (a)(2) of this section. Additional
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-310870A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-310870A1.pdf
- must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in Sections 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in Sections 76.1700, 76.1780, and 76.1711 of this chapter. '' At the time of the inspection, there were no entries in KAVS-LP's logs indicating why the required monthly tests (RMTs) and the required weekly tests (RWTs) had not been received over the three months prior to the inspection. 47 C.F.R. 11.61(a): ``EAS Participants shall conduct tests at regular intervals, as specified in
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311713A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311713A1.pdf
- are available during the times the stations and systems are in operation. Additionally, EAS Participants must determine the cause of any failure to receive the required tests or activations specified in Sec. 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the . . . cable system records as specified in Sections 76.1700, 76.1708, and 76.1711 of this chapter.'' At the time of the inspection, personnel were unable to demonstrate to agents that the EAS encoder and decoder were functional. 47 C.F.R. 11.52(d): ``EAS Participants must monitor two EAS sources. The monitoring assignments of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311714A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311714A1.pdf
- for the three month period prior to the inspection. 47 C.F.R. 11.35(a): ``EAS Participants must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the . . . cable system records as specified in Sections 76.1700, 76.1708 and 76.1711 of this chapter.'' At the time of the inspection, there were no entries in CALNEVA's logs indicating why the required monthly tests (RMTs) had not been logged over the three months prior to the inspection. As the nation's emergency warning system, the Emergency Alert System is critical to public safety, and we recognize the vital role that
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314316A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314316A1.pdf
- must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in 76.1700, 76.1708, and 76.1711 of this chapter.'' At the time of the inspection, there were no entries in the station's EAS logs indicating that the internal clock of the station's EAS equipment had rolled back one month due to a power failure making it appear the station did not receive any EAS tests between May 24, 2011 and June 24, 2011.
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- ) ) ) ) ) ) CS Docket No. 98-132 Adopted: October 22, 2001 Released: October 31, 2001 By the Commission: INTRODUCTiON In this Second Report and Order ("Second Order"), the Commission addresses portions of Part 76 of the cable television rules pertaining to the public file, notice, recordkeeping, and reporting requirements. First, we reinstate, as a final rule, Section 76.1700(a), which was vacated in the 1998 Biennial Regulatory Review -- Streamlining of Cable Television Services Part 76 Public File and Notice Requirements, Order on Reconsideration and Further Notice of Proposed Rulemaking (``Further NPRM''). Second, the Commission clarifies certain provisions in the Part 76 rules in order to more clearly set forth the compliance requirements and regulatory process for cable operators,
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- in operation. Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in 73.1820 and 73.1840 of this chapter, cable system record as specified in 76.1700, 76.1708, and 76.1711 of this chapter, BRS station records, indicating reasons why any tests were not received. * * * * * PART 15 - RADIO FREQUENCY DEVICES The authority citation for Part 15 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 302(a), 303, 304, 336, and 544(a), unless otherwise noted. Section 15.205(a) is amended by deleting ``2655-2900 MHz''
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1.txt
- must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in 76.1700, 76.1708, and 76.1711 of this chapter. All other EAS Participants must also keep records indicating reasons why any tests were not received and these records must be retained for two years, maintained at the EAS Participant's headquarters, and made available for public inspection upon reasonable request. (b) If the EAS Encoder or EAS Decoder becomes defective, the EAS Participant may
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1_Erratum.doc
- must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in 76.1700, 76.1708, and 76.1711 of this chapter. All other EAS Participants must also keep records indicating reasons why any tests were not received and these records must be retained for two years, maintained at the EAS Participant's headquarters, and made available for public inspection upon reasonable request. (b) If the EAS Encoder or EAS Decoder becomes defective, the EAS Participant may
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-84A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-84A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-84A1.txt
- retain in its local public inspection file material relating to a Commission investigation or complaint to the Commission). The rule requires a station to retain the complaint in its public file until it is notified in writing that the complaint may be discarded. Id. See also 47 C.F.R. 73.3527(e)(11) (relating to noncommercial TV stations). See, e.g., 47 C.F.R. 76.1700 et seq. and 25.701. We note that, if we require stations/MVPDs to retain in their public file copies of loud commercial complaints which they receive directly from consumers, our trends analysis may include consideration of consumer complaints filed directly with the station/MVPD. 47 U.S.C. 503. See, e.g., Senate Committee Report to S. 2847 at 4. See 47 U.S.C.
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- Additionally, EAS Participants must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in 76.1700, 76.1708, and 76.1711 of this chapter. All other EAS Participants must also keep records indicating reasons why any tests were not received and these records must be retained for two years, maintained at the EAS Participant's headquarters, and made available for public inspection upon reasonable request. (b) If an EAS Encoder, EAS Decoder or Intermediary Device used as part of
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- of the EAS are installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation. Additionally ... cable systems ...must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and (2). Appropriate entries must be made in the cable system record as specified in 76.1700, 76.1708 and 76.1711 of this chapter ... indicating reasons why any tests were not received.'' The EAS encoder / decoder would not retain the current date and there was no entry in the cable system record stating when the problem was first noted. Also, the cable system record did not address absent EAS test receptions. 3. Pursuant to Section 308(b)
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- of the EAS are installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation. Additionally, ... cable systems ...must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and (2). Appropriate entries must be made in the cable system record as specified in 76.1700, 76.1708 and 76.1711 of this chapter ... indicating reasons why any tests were not received.'' A review of the available EAS logs from August 30, 2004 through June 28, 2005 revealed that there were missing entries for received tests. There were numerous weeks which did not have an entry for a received test and those weeks which showed a received
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- and transmitting functions are available during the times the stations and systems are in operation. Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in Sec. 11.61(a)(1) and (a)(2). Appropriate entries must be made in the ... cable system record as specified in SS 76.1700, 76.1708, and 76.1711 of this chapter ... indicating reasons why any tests were not received." At the time of inspection, the EAS equipment was operational, but there were missing entries of tests received from station KYKX and there were no entries in the log indicating the reasons why the tests were not received. 3. Pursuant to Section 308(b) of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-267572A1.html
- and transmitting functions are available during the times the stations and systems are in operation. Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in Sec. 11.61(a)(1) and (a)(2). Appropriate entries must be made in the ... cable system record as specified in SS 76.1700, 76.1708, and 76.1711 of this chapter ... indicating reasons why any tests were not received." At the time of inspection the EAS equipment was operational, but there were no log entries of test sent for the weeks of April 16-22, May 14-20, and June 11-17, 2006 and there were no entries in the log indicating the reasons why the tests
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- EAS Participant records as specified in S:S: 11.35(a) and 11.54(b)(13). S: 11.35(a) states "EAS Participants must determine the cause of any failure to receive the required tests or activations specified in S: 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in . . . cable system records as specified in Sec. Sec. 76.1700, 76.1708, and 76.1711 of this chapter." During the inspection, the agent observed that for the months of April and June 2008, there were no entries in the EAS logs nor any EAS printouts of Required Monthly Tests received from station WFAS, one of Cablevision's two monitoring sources. There were no log entries indicating the reasons why these tests were not
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-296217A1.html
- the monitoring and transmitting functions are available during the times the systems are in operation. Additionally, cable systems must determine the cause of any failure to receive the required tests or activations specified in S: 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the cable system records as specified in S:S: 76.1700, 76.1708 and 76.1711. As the nation's emergency warning system, the Emergency Alert System 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. On October 5, 2009, an agent from the Houston
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-296218A1.html
- the monitoring and transmitting functions are available during the times the systems are in operation. Additionally, cable systems must determine the cause of any failure to receive the required tests or activations specified in S: 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the cable system records as specified in S:S: 76.1700, 76.1708 and 76.1711. As the nation's emergency warning system, the Emergency Alert System 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. On October 5 and 7, 2009, an agent from
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-301926A1.html
- Avenue, Globe, Arizona, and observed the following violations: a. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a) (1) and (a) (2). Appropriate entries indicating reasons why any tests were not received must be made in the [...] cable system records as specified in Sec. 76.1700, 76.1708, and 76.1711 of this chapter." At the time of the inspection, the agent found that there were no entries in the station log indicating why tests had not been received from the primary local primary (LP-1) Emergency Management 158.940 MHz over the three months prior to the inspection. b. 47 C.F.R. S: 11.61(a): "EAS Participants shall conduct tests at
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-309310A1.html
- 17 East Oregon Avenue, Philadelphia, Pennsylvania, and observed the following violation: 47 C.F.R. S: 11.35(a): "...EAS Participants must determine the cause of any failure to receive the required tests or activations specified in sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the ... cable system records as specified in S:S: 76.1700, 76.1708, and 76.1711 of this chapter." At the time of the inspection, there were no entries in Verizon's EAS logs indicating the reasons why the required weekly tests were not received from WMGK between July 4, 2011 and July 26, 2011, and between June 1, 2011 and June 22, 2011. 3. As the nation's emergency warning system, the Emergency Alert
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-310620A1.html
- must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in Sections 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in Sections 76.1700, 76.1708, and 76.1711 of this chapter." At the time of the inspection, logs showed that only one source for EAS messages was being received. Logs also indicated that logging printer failures were preventing the maintenance of complete and legible logs for test and alerts both originated and received. 3. As the nation's emergency warning system, the Emergency Alert System is
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-310869A1.html
- must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in Sections 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in Sections 76.1700, 76.1780, and 76.1711 of this chapter." At the time of the inspection, the KHWG(AM) EAS equipment was not able to fully receive and transmit tests, and there were no entries in the station log indicating any failures. b. 47 C.F.R. S: 11.61(a): "EAS Participants shall conduct tests at regular intervals, as specified in paragraphs (a)(1) and (a)(2) of this section.
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-310870A1.html
- must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in Sections 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in Sections 76.1700, 76.1780, and 76.1711 of this chapter. " At the time of the inspection, there were no entries in KAVS-LP's logs indicating why the required monthly tests (RMTs) and the required weekly tests (RWTs) had not been received over the three months prior to the inspection. b. 47 C.F.R. S: 11.61(a): "EAS Participants shall conduct tests at regular intervals, as specified
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-311713A1.html
- are available during the times the stations and systems are in operation. Additionally, EAS Participants must determine the cause of any failure to receive the required tests or activations specified in Sec. 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the . . . cable system records as specified in Sections 76.1700, 76.1708, and 76.1711 of this chapter." At the time of the inspection, personnel were unable to demonstrate to agents that the EAS encoder and decoder were functional. c. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS sources. The monitoring assignments of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-311714A1.html
- the three month period prior to the inspection. c. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the . . . cable system records as specified in Sections 76.1700, 76.1708 and 76.1711 of this chapter." At the time of the inspection, there were no entries in CALNEVA's logs indicating why the required monthly tests (RMTs) had not been logged over the three months prior to the inspection. 3. As the nation's emergency warning system, the Emergency Alert System is critical to public safety, and we recognize the vital role
- http://transition.fcc.gov/eb/Orders/2004/DA-04-1670A1.html
- 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand six hundred dollars ($6,600) to Time Warner Entertainment - Advance/Newhouse Subsidiary, LLC d/b/a Time Warner Cable (``TWEAN''), owner of a cable television system serving Bakersfield, California, for its apparent willful and repeated violation of Section 76.1700(a) of the Commission's Rules (``Rules'').1 The violation involves failure to maintain all required material in the system's public inspection file. II. BACKGROUND 2. On July 30, 2002, an agent from the Commission's Los Angeles, California Field Office (``Los Angeles Office'') inspected the TWEAN cable system located in Bakersfield, California.2 TWEAN's Bakersfield system serves more than 5000 customers. The agent's inspection
- http://transition.fcc.gov/eb/Orders/2004/DA-04-3274A1.html
- of a complaint jointly filed on November 26, 2003, by the Communications Workers of America and the International Brotherhood of Electrical Workers (the ``Complaint''), the Enforcement Bureau has been investigating whether Comcast Corporation (``Comcast''), which operates various cable television systems through subsidiary entities, may have willfully and repeatedly violated the requirements of the cable public inspection file rules, 47 C.F.R. 76.1700 et seq. 2. The Bureau and Comcast have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating the captioned investigation. We also conclude that, in the absence
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-191A1.html
- Additionally, EAS Participants must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in 76.1700, 76.1708, and 76.1711 of this chapter. All other EAS Participants must also keep records indicating reasons why any tests were not received and these records must be retained for two years, maintained at the EAS Participant's headquarters, and made available for public inspection upon reasonable request. (b) If the EAS Encoder or EAS Decoder becomes defective, the EAS Participant may
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1070A1.html
- AND ORDER Adopted: March 7, 2007 Released: March 7, 2007 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order ("MO&O"), we admonish Time Warner Cable ("Time Warner" or the "Company") for failure to provide prompt access to its public inspection files on September 13 and 16, 2005, in violation of Section 76.1700 of the Commission's rules. We have reviewed the record thoroughly, including Time Warner's responses, and conclude that Time Warner willfully violated Section 76.1700 on September 13, 2005, by requiring a member of the public to schedule an appointment to view the Company's public file during regular business hours. Time Warner again violated the cable public file rule on September 16,
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1105A1.html
- or around December 22, 2005, alleging violations of the Cable Public File Rule by Bresnan. h. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S 151 et seq.; i. "Rules" mean the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; j. "Cable Public File Rule" means the provisions of 47 C.F.R. S 76.1700 et seq.; k. "public file," "public inspection file" or "public inspection files" mean the records to be maintained by cable operators pursuant to the Cable Public File Rule; l. "Adopting Order" means an order of the Bureau adopting this Consent Decree; m. "Effective Date" means the date on which the Adopting Order is released; n. "Investigation" means the investigation conducted
- http://transition.fcc.gov/eb/Orders/2008/DA-08-1384A1.html
- Adopted: June 10, 2008 Released: June 12, 2008 By the Associate Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Northland Cable Ventures, LLC ("Northland"). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture by the Bureau against Northland for possible violations of Section 76.1700(b) of the Commission's Rules regarding cable public inspection files. 2. The Bureau and Northland have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest
- http://transition.fcc.gov/eb/Public_Notices/DA-03-404A1.html
- Communicaions, Inc., KDMN(AM), Buena Vista, CO. $7,000 NAL. Denver, CO District Office (12/31/02). 47 C.F.R. Part 76 Mutlichannel Video and Cable Television Service * 47 C.F.R. 76.605 Technical Standards * Small Town Communications Partner I LP, Nashville, TN. $8,000 NAL. Other violation: 47 C.F.R. 76.611 (Cable Television Basic Signal Leakage Performance Criteria). Atlanta, GA District Office (12/6/02). * 47 C.F.R. 76.1700 Records to be Maintained Locally By Cable System Operators * Time Warner Cable, Bakersfield, CA. $10,000 NAL. Los Angeles, CA District Office (12/30/02). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-404A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-404A1.doc 3. http://www.fcc.gov/ 4. ftp://ftp.fcc.gov/
- http://transition.fcc.gov/eb/Public_Notices/da012818.html http://transition.fcc.gov/eb/Public_Notices/da012818.pdf
- KCAQ(FM), Oxnard, CA. Los Angeles, CA District Office (10/1/01). 47 C.F.R. Part 76 Multichannel Video and Cable Television Service * 47 C.F.R. 76.605 Technical Standards * TCI Cablevision of California, Inc., San Mateo, CA, (Physical System #002150). San Francisco, CA District Office (10/3/01). * TCI Cablevision of California, Inc., South San Francisco, CA (Physical System #003387). Other violations: 47 C.F.R. 76.1700 (Records to be Maintained Locally By Cable System Operators), 76.1701 (Political File) and 76.1710 (Operator Interests in Video Programming). San Francisco, CA District Office (10/3/01). * Mediacom, Excelsior Springs, MO. Kansas City, MO District Office (10/9/01). * Charter Communications, Picayune, MS. New Orleans, LA District Office (10/11/01). * Charter Communications, Columbia, MS. Other violations: 47 C.F.R. 76.1701 (Political File) and
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00162.doc
- will become effective thirty (30) days after publication in the Federal Register. 4. The Order further adopted an expansion of the definition of small cable systems for purposes of the public inspection rules, which does alter the substantive public file requirements for a certain subset of cable operators. The Order redesignated Section 76.305(a) of the Commission's rules as new rule 76.1700(a). Prior to the Order, Section 76.305(a) provided an exemption from certain recordkeeping requirements for cable operators with fewer than 1000 subscribers and prescribed recordkeeping requirements for cable operators with 1000 or more subscribers. In the Order, the Commission redesignates the rule, maintains the exemption, and adds a limited exemption for cable operators with 1000 or more subscribers, but fewer than
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070307.html
- properly maintain and make available a public inspection file. Action by: Chief, Investigations and Hearings Division, Enforcement Bureau. Adopted: 03/07/2007 by NALF. (DA No. 07-1073). EB [55]DA-07-1073A1.doc [56]DA-07-1073A1.pdf [57]DA-07-1073A1.txt TIME WARNER CABLE, LOS ANGELES, CALIFORNIA. Admonished Time Warner Cable for failure to provide prompt access to its public inspection files on September 13 and 16, 2005, in violation of Section 76.1700 of the Commission's rules. Action by: Chief, Investigations & Hearings Division, Enforcement Bureau. Adopted: 03/07/2007 by MO&O. (DA No. 07-1070). EB [58]DA-07-1070A1.doc [59]DA-07-1070A1.pdf [60]DA-07-1070A1.txt CHARTER COMMUNICATIONS. Granted the Petition. Action by: Deputy Chief, Policy Division, Media Bureau. Adopted: 03/06/2007 by MO&O. (DA No. 07-1065). MB [61]DA-07-1065A1.doc [62]DA-07-1065A1.pdf [63]DA-07-1065A1.txt COXCOM, INC. D/B/A COX COMMUNICATIONS ORANGE COUNTY. Granted the Petition. Action by:
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237649A1.html
- ) Bakersfield, CA 93308 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 30, 2002 By the Enforcement Bureau, Los Angeles Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Time Warner Cable (``TWC''), the owner of cable television system serving Bakersfield, California (Community Unit # CA0173) apparently willfully and repeatedly violated Section 76.1700(a) of the Federal Communications Commission (``FCC'') Rules and Regulations (``Rules''), by failing to maintain all required material in the system's public inspection file.1 We conclude, pursuant to Section 503(b) of the Communication Act of 1934, as amended (``Act''),2 that TWC is apparently liable for forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On July 30, 2002,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238680A1.html
- City Office, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Classic Cable, operator of the cable system serving Concordia, Kansas. 2. On August 12, 2003, an agent of the Commission's Kansas City Office inspected the cable system in Concordia, Kansas and observed the following violation: 2.a. 47 C.F.R. 76.1700(b): ``The public inspection file 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 accessible place in the community served by the system unit(s) (such as a public registry for documents or an attorney's office). The public inspection file shall be available
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244163A1.html
- - 20 micro-volts per meter measured at 3 meters. At the time of inspection signal leakage was observed on the frequency of 133.2625 MHz as follows: 141 Alleyway behind 509 V/m Caswell Street 282 1208 Davis Street V/m 229 Corner East 4th Second V/m Avenue 229 Corner of Austin and V/m Ontario Streets, pole near Dominos Pizza 2.b. 47 C.F.R. 76.1700(b): The public inspection file shall be maintained at the office which the systems 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. The public inspection file shall be available for public inspection at any time during regular business hours. At
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-249194A1.html
- of the EAS are installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation. Additionally ... cable systems ...must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and (2). Appropriate entries must be made in the cable system record as specified in 76.1700, 76.1708 and 76.1711 of this chapter ... indicating reasons why any tests were not received.'' The EAS encoder / decoder would not retain the current date and there was no entry in the cable system record stating when the problem was first noted. Also, the cable system record did not address absent EAS test receptions. 3. Pursuant to Section 308(b)
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-260458A1.html
- of the EAS are installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation. Additionally, ... cable systems ...must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and (2). Appropriate entries must be made in the cable system record as specified in 76.1700, 76.1708 and 76.1711 of this chapter ... indicating reasons why any tests were not received.'' A review of the available EAS logs from August 30, 2004 through June 28, 2005 revealed that there were missing entries for received tests. There were numerous weeks which did not have an entry for a received test and those weeks which showed a received
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-266077A1.html
- ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 20, 2006 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Mediacom Communications Corporation ("Mediacom"), operator of a cable system serving Springfield, Battlefield, and parts of Greene County, Missouri, apparently willfully violated Section 76.1700 of the Commission's Rules ("Rules") by failing to make material required to be in the system's public file (commercial records for children's programming) available for inspection. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Mediacom is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267571A1.html
- and transmitting functions are available during the times the stations and systems are in operation. Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in Sec. 11.61(a)(1) and (a)(2). Appropriate entries must be made in the ... cable system record as specified in SS 76.1700, 76.1708, and 76.1711 of this chapter ... indicating reasons why any tests were not received." At the time of inspection, the EAS equipment was operational, but there were missing entries of tests received from station KYKX and there were no entries in the log indicating the reasons why the tests were not received. 3. Pursuant to Section 308(b) of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267572A1.html
- and transmitting functions are available during the times the stations and systems are in operation. Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in Sec. 11.61(a)(1) and (a)(2). Appropriate entries must be made in the ... cable system record as specified in SS 76.1700, 76.1708, and 76.1711 of this chapter ... indicating reasons why any tests were not received." At the time of inspection the EAS equipment was operational, but there were no log entries of test sent for the weeks of April 16-22, May 14-20, and June 11-17, 2006 and there were no entries in the log indicating the reasons why the tests
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-272131A1.html
- pursuant to Section 1.89 of the Commission's Rules, to Beaver Creek Cooperative Telephone Company ("Beaver Creek"), operator of a cable system in Oregon City, Oregon. 2. On March 16, 2007, an agent of the Enforcement Bureau's Portland Resident Agent Office inspected the Beaver Creek cable system located near Oregon City, Oregon and observed the following violation: a. 47 C.F.R. S 76.1700: "The operator of every cable television system having 1000 or more subscribers but fewer than 5000 subscribers . . . shall maintain for public inspection a file containing a copy of all records required to be kept by S 76.1701 (political file)." At the time of the inspection, Beaver Creek could not produce a copy of the required political file.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-276655A1.html
- 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." Section 76.1700 provides that a cable system having 1,000 or more subscribers but fewer than 5,000 subscribers "shall maintain for public inspection a file containing a copy of all records which are required to be kept by Section 76.1701 (political file)." In contrast, records regarding, among other things, commercial limits for children's programming and EEO requirements, need only be made available "upon
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277832A1.html
- APPARENT LIABILITY FOR FORFEITURE Released: May 23, 2007 By the District Director, Dallas Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Northland Cable Ventures, LLC ("Northland"), owner of the cable television system in Gun Barrel City, Texas, Physical System ID 008406, apparently willfully and repeatedly violated Section 76.1700(b) of the Commission's Rules ("Rules") by failing to maintain a complete public inspection file within their physical system and apparently willfully violated Section 76.1700(b) of the Rules by failing to make available a complete public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Northland is apparently liable for a forfeiture
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278963A1.html
- 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." Section 76.1700 provides that a cable system having 5,000 or more subscribers shall maintain for public inspection, inter alia, a file containing a copy of all records which are required to be kept by Section 76.1701 (Political File). RCN has approximately 96,960 Basic Service subscribers and therefore is required to maintain a Political File for public inspection. 12 FCC Rcd 17087 (1997),
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-283650A1.html
- 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." Section 76.1700(a) provides that a cable system having 5,000 or more subscribers shall maintain for public inspection, inter alia, a file containing a copy of all records which are required to be kept by Section 76.1701 (Political File). Atlantic Broadband has approximately 5,169 Basic Service subscribers and therefore is required to maintain a Political File for public inspection. 12 FCC Rcd 17087
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-283651A1.html
- 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." Section 76.1700(a) provides that a cable system having 5,000 or more subscribers shall maintain for public inspection, inter alia, a file containing a copy of all records which are required to be kept by Section 76.1701 (Political File). At the time of the inspection, Adams had approximately 22,271 Basic Service subscribers and therefore is required to maintain a Political File for public
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-284308A1.html
- EAS Participant records as specified in S:S: 11.35(a) and 11.54(b)(13). S: 11.35(a) states "EAS Participants must determine the cause of any failure to receive the required tests or activations specified in S: 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in . . . cable system records as specified in Sec. Sec. 76.1700, 76.1708, and 76.1711 of this chapter." During the inspection, the agent observed that for the months of April and June 2008, there were no entries in the EAS logs nor any EAS printouts of Required Monthly Tests received from station WFAS, one of Cablevision's two monitoring sources. There were no log entries indicating the reasons why these tests were not
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-284310A1.html
- EAS Participant records as specified in S:S: 11.35(a) and 11.54(b)(13). S: 11.35(a) states "EAS Participants must determine the cause of any failure to receive the required tests or activations specified in S: 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in . . . cable system records as specified in Sec. Sec. 76.1700, 76.1708, and 76.1711 of this chapter." During the inspection, the agent observed that for the months of April and June 2008, there were no entries in the EAS logs nor any EAS printouts of Required Monthly Tests received from station WFAS, one of Cablevision's two monitoring sources. There were no log entries indicating the reasons why these tests were not
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-294718A1.html
- is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Charter Communications, operator of a cable system in Irwindale, California. 2. On October 8, 2009, an agent of the Enforcement Bureau's Los Angeles Office inspected the Charter Communications cable system located at 4781 Irwindale Avenue, and observed the following violation: a. 47 C.F.R. S: 76.1700(a): "The operator of every cable television system having 5000 or more subscribers shall maintain for public inspection a file containing a copy of all records required to be kept by S: 76.1701 (political file). . . . (b) The public inspection file shall be maintained at the office which the system operator maintains for the ordinary collection of subscriber charges,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-296217A1.html
- the monitoring and transmitting functions are available during the times the systems are in operation. Additionally, cable systems must determine the cause of any failure to receive the required tests or activations specified in S: 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the cable system records as specified in S:S: 76.1700, 76.1708 and 76.1711. As the nation's emergency warning system, the Emergency Alert System 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. On October 5, 2009, an agent from the Houston
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-296218A1.html
- the monitoring and transmitting functions are available during the times the systems are in operation. Additionally, cable systems must determine the cause of any failure to receive the required tests or activations specified in S: 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the cable system records as specified in S:S: 76.1700, 76.1708 and 76.1711. As the nation's emergency warning system, the Emergency Alert System 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. On October 5 and 7, 2009, an agent from
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-301926A1.html
- Avenue, Globe, Arizona, and observed the following violations: a. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a) (1) and (a) (2). Appropriate entries indicating reasons why any tests were not received must be made in the [...] cable system records as specified in Sec. 76.1700, 76.1708, and 76.1711 of this chapter." At the time of the inspection, the agent found that there were no entries in the station log indicating why tests had not been received from the primary local primary (LP-1) Emergency Management 158.940 MHz over the three months prior to the inspection. b. 47 C.F.R. S: 11.61(a): "EAS Participants shall conduct tests at
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-309310A1.html
- 17 East Oregon Avenue, Philadelphia, Pennsylvania, and observed the following violation: 47 C.F.R. S: 11.35(a): "...EAS Participants must determine the cause of any failure to receive the required tests or activations specified in sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the ... cable system records as specified in S:S: 76.1700, 76.1708, and 76.1711 of this chapter." At the time of the inspection, there were no entries in Verizon's EAS logs indicating the reasons why the required weekly tests were not received from WMGK between July 4, 2011 and July 26, 2011, and between June 1, 2011 and June 22, 2011. 3. As the nation's emergency warning system, the Emergency Alert
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-310620A1.html
- must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in Sections 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in Sections 76.1700, 76.1708, and 76.1711 of this chapter." At the time of the inspection, logs showed that only one source for EAS messages was being received. Logs also indicated that logging printer failures were preventing the maintenance of complete and legible logs for test and alerts both originated and received. 3. As the nation's emergency warning system, the Emergency Alert System is
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-310869A1.html
- must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in Sections 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in Sections 76.1700, 76.1780, and 76.1711 of this chapter." At the time of the inspection, the KHWG(AM) EAS equipment was not able to fully receive and transmit tests, and there were no entries in the station log indicating any failures. b. 47 C.F.R. S: 11.61(a): "EAS Participants shall conduct tests at regular intervals, as specified in paragraphs (a)(1) and (a)(2) of this section.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-310870A1.html
- must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in Sections 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in Sections 76.1700, 76.1780, and 76.1711 of this chapter. " At the time of the inspection, there were no entries in KAVS-LP's logs indicating why the required monthly tests (RMTs) and the required weekly tests (RWTs) had not been received over the three months prior to the inspection. b. 47 C.F.R. S: 11.61(a): "EAS Participants shall conduct tests at regular intervals, as specified
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-311713A1.html
- are available during the times the stations and systems are in operation. Additionally, EAS Participants must determine the cause of any failure to receive the required tests or activations specified in Sec. 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the . . . cable system records as specified in Sections 76.1700, 76.1708, and 76.1711 of this chapter." At the time of the inspection, personnel were unable to demonstrate to agents that the EAS encoder and decoder were functional. c. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS sources. The monitoring assignments of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-311714A1.html
- the three month period prior to the inspection. c. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the . . . cable system records as specified in Sections 76.1700, 76.1708 and 76.1711 of this chapter." At the time of the inspection, there were no entries in CALNEVA's logs indicating why the required monthly tests (RMTs) had not been logged over the three months prior to the inspection. 3. As the nation's emergency warning system, the Emergency Alert System is critical to public safety, and we recognize the vital role
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-314316A1.html
- must determine the cause of any failure to receive the required tests or activations specified in Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in S:S: 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in S:S: 76.1700, 76.1708, and 76.1711 of this chapter." At the time of the inspection, there were no entries in the station's EAS logs indicating that the internal clock of the station's EAS equipment had rolled back one month due to a power failure making it appear the station did not receive any EAS tests between May 24, 2011 and June 24, 2011.
- http://www.fcc.gov/eb/Orders/2004/DA-04-1670A1.html
- 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand six hundred dollars ($6,600) to Time Warner Entertainment - Advance/Newhouse Subsidiary, LLC d/b/a Time Warner Cable (``TWEAN''), owner of a cable television system serving Bakersfield, California, for its apparent willful and repeated violation of Section 76.1700(a) of the Commission's Rules (``Rules'').1 The violation involves failure to maintain all required material in the system's public inspection file. II. BACKGROUND 2. On July 30, 2002, an agent from the Commission's Los Angeles, California Field Office (``Los Angeles Office'') inspected the TWEAN cable system located in Bakersfield, California.2 TWEAN's Bakersfield system serves more than 5000 customers. The agent's inspection
- http://www.fcc.gov/eb/Orders/2004/DA-04-3274A1.html
- of a complaint jointly filed on November 26, 2003, by the Communications Workers of America and the International Brotherhood of Electrical Workers (the ``Complaint''), the Enforcement Bureau has been investigating whether Comcast Corporation (``Comcast''), which operates various cable television systems through subsidiary entities, may have willfully and repeatedly violated the requirements of the cable public inspection file rules, 47 C.F.R. 76.1700 et seq. 2. The Bureau and Comcast have negotiated the terms of a Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating the captioned investigation. We also conclude that, in the absence
- http://www.fcc.gov/eb/Orders/2005/FCC-05-191A1.html
- Additionally, EAS Participants must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in 76.1700, 76.1708, and 76.1711 of this chapter. All other EAS Participants must also keep records indicating reasons why any tests were not received and these records must be retained for two years, maintained at the EAS Participant's headquarters, and made available for public inspection upon reasonable request. (b) If the EAS Encoder or EAS Decoder becomes defective, the EAS Participant may
- http://www.fcc.gov/eb/Orders/2007/DA-07-1070A1.html
- AND ORDER Adopted: March 7, 2007 Released: March 7, 2007 By the Chief, Investigations and Hearings Division, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order ("MO&O"), we admonish Time Warner Cable ("Time Warner" or the "Company") for failure to provide prompt access to its public inspection files on September 13 and 16, 2005, in violation of Section 76.1700 of the Commission's rules. We have reviewed the record thoroughly, including Time Warner's responses, and conclude that Time Warner willfully violated Section 76.1700 on September 13, 2005, by requiring a member of the public to schedule an appointment to view the Company's public file during regular business hours. Time Warner again violated the cable public file rule on September 16,
- http://www.fcc.gov/eb/Orders/2007/DA-07-1105A1.html
- or around December 22, 2005, alleging violations of the Cable Public File Rule by Bresnan. h. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S 151 et seq.; i. "Rules" mean the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; j. "Cable Public File Rule" means the provisions of 47 C.F.R. S 76.1700 et seq.; k. "public file," "public inspection file" or "public inspection files" mean the records to be maintained by cable operators pursuant to the Cable Public File Rule; l. "Adopting Order" means an order of the Bureau adopting this Consent Decree; m. "Effective Date" means the date on which the Adopting Order is released; n. "Investigation" means the investigation conducted
- http://www.fcc.gov/eb/Orders/2008/DA-08-1384A1.html
- Adopted: June 10, 2008 Released: June 12, 2008 By the Associate Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Northland Cable Ventures, LLC ("Northland"). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture by the Bureau against Northland for possible violations of Section 76.1700(b) of the Commission's Rules regarding cable public inspection files. 2. The Bureau and Northland have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest
- http://www.fcc.gov/eb/Public_Notices/DA-03-404A1.html
- Communicaions, Inc., KDMN(AM), Buena Vista, CO. $7,000 NAL. Denver, CO District Office (12/31/02). 47 C.F.R. Part 76 Mutlichannel Video and Cable Television Service * 47 C.F.R. 76.605 Technical Standards * Small Town Communications Partner I LP, Nashville, TN. $8,000 NAL. Other violation: 47 C.F.R. 76.611 (Cable Television Basic Signal Leakage Performance Criteria). Atlanta, GA District Office (12/6/02). * 47 C.F.R. 76.1700 Records to be Maintained Locally By Cable System Operators * Time Warner Cable, Bakersfield, CA. $10,000 NAL. Los Angeles, CA District Office (12/30/02). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-404A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-404A1.doc 3. http://www.fcc.gov/ 4. ftp://ftp.fcc.gov/
- http://www.fcc.gov/mb/engineering/76print.html
- and classes of time. [194]76.1612 Personal attack. [195]76.1613 Political editorials. [196]76.1614 Identification of must-carry signals. [197]76.1615 Sponsorship identification. [198]76.1616 Contracts with local exchange carriers. [199]76.1617 Initial must-carry notice. [200]76.1618 Basic tier availability. [201]76.1619 Information on subscriber bills. [202]76.1620 Availability of signals. [203]76.1621 Equipment compatibility offer. [204]76.1622 Consumer education program on compatibility. Subpart U -- Documents to be Maintained for Inspection [205]76.1700 Records to be maintained by cable system operators. [206]76.1701 Political file. [207]76.1702 Equal employment opportunity. [208]76.1703 Commercial matter on children's programs. [209]76.1704 Proof of performance test data. [210]76.1705 Performance tests (channels delivered). [211]76.1706 Signal leakage logs and repair records. [212]76.1707 Leased access. [213]76.1708 Principal headend. [214]76.1709 Availability of signals. [215]76.1710 Operator interests in video programming. [216]76.1711 Emergency alert system (EAS)
- http://www.fcc.gov/mb/engineering/part76.pdf
- exchange carriers. 76.1617 Initial must-carry notice. 76.1618 Basic tier availability. 76.1619 Information on subscriber bills. 76.1620 Availability of signals. 76.1621 Equipment compatibility offer. 76.1622 Consumer education program on compatibility. 76.1630 MVPD digital television transition notices. Page 5of 243 Electronic Code of Federal Regulations: 5/6/2011 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a0b1c7045abd9e3f08f6d3233a640e58&rg... Subpart U-Documents to be Maintained for Inspection 76.1700 Records to be maintained by cable system operators. 76.1701 Political file. 76.1702 Equal employment opportunity. 76.1703 Commercial records on children's programs. 76.1704 Proof-of-performance test data. 76.1705 Performance tests (channels delivered). 76.1706 Signal leakage logs and repair records. 76.1707 Leased access. 76.1708 Principal headend. 76.1709 Availability of signals. 76.1710 Operator interests