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Before the
Federal Communications Commission
Washington, D.C. 20554
CERTIFIED MAIL #7002 1000 0004 8897 2084
Return Receipt Requested
In the Matter of )
)
Oceanic Time Warner Cable ) File No. EB-06-HL-065
Physical System ID #CATV017589 )
CUID #HI0036 ) NOV No. V20063286012
Kahului, HI 96732 )
)
NOTICE OF VIOLATION
Released: July 20, 2006
By the Resident Agent, Honolulu Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Oceanic Time Warner Cable in
Kahului, HI.
2. On June 1, 2006, an agent of the Enforcement Bureau's Honolulu Office
monitored Oceanic Time Warner Cable analog channel 14, between 11:10AM
HST and 12:30PM HST. A follow-up inspection of the system headend in
Kihei, Hawaii was conducted on June 2, 2006. The following violations
were observed:
a. 47 C.F.R. S 11.61(a)(1)(v): "Required Monthly Tests of the EAS header
codes, Attention Signal, Test Script and EOM code...must be
transmitted within 60 minutes of receipt by broadcast stations and
cable systems and wireless cable systems in an EAS Local Area or
State." At the time of the inspection, the cable system did not
retransmit the required monthly test issued by Hawaii State Civil
Defense on June 1, 2006.
b. 47 C.F.R. S 11.35(a): "Broadcast stations and cable systems and
wireless cable systems are responsible for ensuring that EAS
Encoders, EAS Decoders and Attention Signal generating and receiving
equipment used as part of the EAS are installed so that the
monitoring and transmitting functions are available during the times
the stations and systems are in operation." At the time of inspection
on June 2, 2006, the cable system's EAS unit used for hotel locations
could not perform a manually-initiated required weekly test.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Oceanic Time Warner Cable,
must submit a written statement concerning this matter within 20 days
of release of this Notice. The response must fully explain each
violation, must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and should include a
time line for completion of pending corrective action(s). The response
must be complete in itself and signed by a principal or officer of
Oceanic Time Warner Cable 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
Honolulu Office
P.O. Box 971030
Waipahu, Hawaii 96797-1030
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Oceanic Time Warner Cable at its address
of record.
5. The Privacy Act of 1974 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. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Ryan Hagihara
Resident Agent
Honolulu Office
Western Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 403.
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission