Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Precis Communications LLC ) ) File No. EB-08-SF-0358 Physical System ID # 010818 ) Ely, Nevada ) ) NOV No. V200932960006 NOTICE OF VIOLATION Released: January 16, 2009 By the District Director, San Francisco Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission’s Rules,1 to Precis Communications, LLC., operator of a cable system in Ely, Nevada. 2. On September 18, 2008, an agent of the Enforcement Bureau’s San Francisco Office inspected Precis Communications LLC’s emergency alert system (“EAS”), located at Squaw Peak and Morley Ave, Ely, Nevada, and observed the following violation: a. 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." Precis Communications, LLC’s EAS records did not indicate that the required monthly tests (“RMTs”) for the months of June, July, August, and September of 2008 were conducted. There were no notes recorded as to why the cable system did not receive the RMTs from the local primary (LP-1) station, KELY (AM) - Ely, Nevada, from June 2008 to September 2008. Further, there were no records of EAS equipment inspections and if those inspections revealed any equipment malfunctions. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Precis Communications, LLC 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 Precis Communications, LLC. 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: 1 47 C.F.R. § 1.89. 2 47 U.S.C. § 403. Federal Communications Commission 2 Federal Communications Commission San Francisco District Office 5653 Stoneridge Drive, Suite 105 Pleasanton, CA 94588-8543 4. This Notice shall be sent by Certified Mail/Return Receipt Requested and regular mail to Precis Communications LLC at its address of record. 5. The Privacy Act of 19743 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.4 FEDERAL COMMUNICATIONS COMMISSION Thomas N. Van Stavern District Director San Francisco District Office Western Region Enforcement Bureau cc: Mr. Russell Drake Precis Communications LLC 1750 S Highway 10 Price, UT 84501-4364 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.