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NPG Cable, LLC, Flagstaff, AZ

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Released: November 7, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
NPG Cable, LLC
) File No. EB-FIELDWR-13-00011915
)
Flagstaff, Arizona
) NOV No. V201432940001
)
) Physical System ID: 003591
)

NOTICE OF VIOLATION

Released:

November 7, 2013
By the District Director, San Diego Office, Western Region, Enforcement Bureau:
1.
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)1 to NPG Cable, LLC., (NPG), operator of a cable system in Flagstaff,
Arizona. Pursuant to Section 1.89(a) of the Rules, issuance of this NOV does not preclude the
Enforcement Bureau from further action if warranted, including issuing a Notice of Apparent Liability for
Forfeiture for the violations noted herein.2
2.
On August 21, 2013, an agent of the Enforcement Bureau’s San Diego Office inspected
the NPG cable system, located in Flagstaff, Arizona, and observed the following violations:
a. 47 C.F.R. § 11.61(a)(2)(i)(B): “Analog cable systems and digital cable
systems with 5,000 or more subscribers per headend and wireless cable
systems with 5,000 or more subscribers must conduct tests of the EAS
Header and EOM Codes at least once a week at random days and times on all
programmed channels.” The required weekly test (RWT) conducted at the
time of the inspection did not have Header or EOM codes.
b. 47 C.F.R. § 11.61(b): “Entries shall be made in EAS Participant records, as
specified in §11.35(a) and 11.54(a)(3).” NPG did not have any records for
sending out required monthly test (RMT) for the period from January 1 to
August 1, 2013. The station had no records or logs to suggest that EAS
deficiencies were noticed or addressed.


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).

Federal Communications Commission

c.
47 C.F.R. S 76.605(a)(12): "As an exception to the general provision requiring
measurements to be made at subscriber terminals, and without regard to the type of
signals carried by the cable television system, signal leakage from a cable television
system shall be measured in accordance with the procedures outlined in S 76.609(h)
and shall be limited as follows: Over 54 MHz up to and including 216 MHz – 20
micro-volts per meter, measured at 3 meters." At the time of the inspection, the agent
observed leakage on the frequency of 133.2625 MHz at the following location:
1. Whispering Pine Motel, 860 E. Route 66, Flagstaff: 139 µV/m
3.
As the nation’s emergency warning system, the Emergency Alert System is critical to
public safety, and we recognize the vital role that cable operators play in ensuring its success. The
Commission takes seriously any violations of the Rules implementing the EAS and expects full
compliance from its regulatees. We also must investigate violations of other rules that apply to cable
operators.
4.
Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section
1.89 of the Rules, we seek additional information concerning the violations and any remedial actions
taken. Therefore, NPG, 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.4
5.
In accordance with Section 1.16 of the Rules, we direct NPG to support its response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of NPG with personal knowledge of the representations provided in NPG’s response, verifying the
truth and accuracy of the information therein,5 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


3 47 U.S.C. § 403.
4 47 C.F.R. § 1.89(c).
5 Section 1.16 of the 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.

Federal Communications Commission

punishable by fine or imprisonment under Title 18 of the U.S. Code.6
6.
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
San Diego Office
4542 Ruffner St., Room 370
San Diego, CA 92111
7.
This Notice shall be sent to NPG Cable, LLC., at its address of record.
8.
The Privacy Act of 19747 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
James T. Lyon
District Director
San Diego Office
Western Region
Enforcement Bureau


6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).

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