******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   City of Tacoma ) File No.: EB-FIELDWR-13-00008277

   Click! Cable Television )

   ) NOV No.: V201332980011

   Tacoma, WA )

   ) Physical System ID: 016637

                              NOTICE OF VIOLATION

   Released: May 23, 2013

   By the Acting District Director, Seattle District 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)^ to the City of Tacoma, operator of
       Click! Cable Television serving Pierce County, Washington. Pursuant to
       Section 1.89(a) of the Rules, issuance of this Notice does not
       preclude the Enforcement Bureau from further action if warranted,
       including issuing a Notice of Apparent Liability for Forfeiture for
       the violation(s) noted herein.^

    2. On April 26, 2013 agents of the Enforcement Bureau's Seattle District
       Office inspected Click! Cable Television located at 3628 South 35^th
       Street, Tacoma, WA, and observed the following violations:

     a. 47 C.F.R. S 76.1703: "Commercial Records on Children's Programs -
        Cable operators airing children's programming must maintain records
        sufficient to verify compliance with S 76.225 and make such records
        available to the public." Click! Cable Television showed the
        inspecting FCC agents the Commercial Records on Children's Programs
        from 1998 to 2007, but for the period 2008 until April 2013, there
        were no such records available for inspection.

     b. 47 C.F.R. S 76.1715(b): "Sponsorship Identification - ...the cable
        television system operator shall make this list available to members
        of the public who have a legitimate interest in obtaining the
        information contained in the list." During the inspection, the
        inspecting agents were informed by the representative of Click! Cable
        Television that they could not find any files containing records of
        any kind for sponsorship identification.

     c. 47 C.F.R. S 11.15: "EAS Operating Handbook - A copy of the Handbook
        must be located at normal duty positions or EAS equipment locations .
        . . ." At the time of the inspection, the FCC EAS Handbook was an
        outdated version from 2001, whereas the current 2007 EAS Cable System
        (including Digital Cable) is available on the FCC website at:

   [1]http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A2.pdf .

    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,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Tacoma Power, 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. In accordance with Section 1.16 of the Rules, we direct the City of
       Tacoma to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of the City of Tacoma with personal knowledge of
       the representations provided in the City of Tacoma's response,
       verifying the truth and accuracy of the information therein,^ 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.^

    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

   Seattle District Office

   11410 NE 122^nd Way, Suite 312

   Kirkland, WA 98034

    7. This Notice shall be sent to the City of Tacoma at its address of
       record.

    8. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Binh Nguyen

   Acting District Director

   Seattle District Office

   Western Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ 47 U.S.C. S 403.

   ^ 47 C.F.R. S 1.89(c).

   ^ 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. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

   ^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).

   Federal Communications Commission

   2

                       Federal Communications Commission

References

   Visible links
   1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A2.pdf