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Cox Communications Louisiana LLC, Baton Rouge, LA

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Released: July 17, 2012

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Cox Communications Louisiana LLC
)
File No.: EB-11-OR-0074
)
Cable System Operator
)
Physical System ID No. LA0003
)
Baton Rouge, LA
)
NOV No.: V201232620003
)

NOTICE OF VIOLATION

Released:

July 17, 2012
By the District Director, New Orleans Office, South Central Region, Enforcement Bureau:
1.
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules,1 to Cox Communications Louisiana LLC dba Cox Communications (Cox), operator
of a cable system in Baton Rouge, LA. This Notice may be combined with a further action, if further
action is warranted.2
2.
On July 20, 2011, agents of the Enforcement Bureau’s New Orleans Office inspected the
cable system at 7401 Florida Blvd., Baton Rouge and observed the following violation:
47 C.F.R. § 76.1703: “Cable operators airing children’s programming must maintain records
sufficient to verify compliance with § 76.225 and make such records available to the public.
Such records must be maintained for a period sufficient to cover the limitations period specified
in 47 U.S.C. 503(b)(6)(B).” Such records must be placed in the cable system’s public file no later
than the tenth day of the quarter following the quarter in which the covered programming aired
and must be maintained for a period sufficient to cover the limitations period specified in 47
U.S.C. 503(b)(6)(B) (one year). See Children's Television Programming, Memorandum Opinion
and Order
, 6 FCC Rcd 5093, para. 23 (1991).
At the time of inspection, agents found that Cox’s public inspection file was missing the
children’s programming records for the second quarter of 2011. Such records should have been
placed in the public inspection file no later than July 11, 2011.3

147 C.F.R. § 1.89.
247 C.F.R. § 1.89(a).
3The tenth day of the third quarter of 2011 fell on a Sunday. In accordance with Section 1.4(j) of the Commission’s
rules (47 C.F.R. § 1.4(j)), the required records should have been placed in the file no later than the following day,
Monday, July 11, 2011.

Federal Communications Commission

3.
Pursuant to Section 403 of the Communications Act of 1934, as amended,4 and Section
1.89 of the Commission’s rules, we seek additional information concerning the violation and any remedial
actions the system may have taken. Therefore, Cox must submit a written statement concerning this
matter within twenty (20) days of release of this Notice. The response (i) must fully explain each
violation, including all relevant surrounding facts and circumstances, (ii) must contain a statement of the
specific action(s) taken to correct each violation and preclude recurrence, and (iii) must include a time
line for completion of any pending corrective action(s). The response must be complete in itself and must
not be abbreviated by reference to other communications or answers to other notices.5
4.
In accordance with Section 1.16 of the Commission’s rules, we direct Cox to support its
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an
authorized officer of Cox with personal knowledge of the representations provided in Cox’s response,
verifying the truth and accuracy of the information therein,6 and confirming that all of the information
requested by this Notice which is in the licensee’s possession, custody, control, or knowledge has been
produced. To knowingly and willfully make any false statement or conceal any material fact in reply to
this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.7
5.
All replies and documentation sent in response to this Notice should be marked with the
File No. and NOV No. specified above, and mailed to the following address:
Federal Communications Commission
New Orleans Office
2424 Edenborn Avenue, Suite 460
New Orleans, LA 70001
6.
This Notice shall be sent to Cox Communications at its address of record.

447 U.S.C. § 403.
547 C.F.R. § 1.89(c).
6Section 1.16 of the Commission’s rules provides that “[a]ny document to be filed with the Federal Communications
Commission and which is required by any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration, verification, certificate, statement, oath or affidavit
by the person making the same, may be supported, evidenced, established or proved by the unsworn declaration,
certification, verification, or statement in writing of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially the following form . . . : ‘I declare (or certify,
verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)’.” 47
C.F.R. § 1.16.
718 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.

Federal Communications Commission

7.
The Privacy Act of 19748 requires that we advise you that the Commission will use all
relevant material information before it, including any information disclosed in your reply, to determine
what, if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
Walter Gernon
District Director
New Orleans District Office
South Central Region
Enforcement Bureau

8P.L. 93-579, 5 U.S.C. § 552a(e)(3).

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