Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Time Warner Entertainment Company LP ) File No. EB-09-NY-0261 Operator of Cable Television System ) Physical System ID # 009410 ) Woodside, New York ) NOV No. V201032380006 NOTICE OF VIOLATION Released: December 31, 2009 By the District Director, New York Office, Northeast Region, Enforcement Bureau: 1. This is a Notice of Violation (“Notice”) issued pursuant to Section 1.89 of the Commission’s Rules1 to Time Warner Entertainment Company LP (“Time Warner”), operator of a cable television system in Woodside, New York. This Notice may be combined with a further action, if further action is warranted.2 2. On September 22, 2009, an agent of the Commission’s New York Office inspected Time Warner’s cable television system serving Woodside, New York, and observed the following violations: 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)." The agent found that entries were not made in the EAS logs to show required weekly EAS tests received from the primary source for the weeks of March 8, May 31, August 9, August 16, and August 23, 2009, and from the secondary source for the weeks of July 26, August 2, August 9, August 16, and August 23, 2009. Entries were not made in the EAS logs to show required weekly EAS tests transmitted for the weeks of August 2, August 9, August 16, and August 23, 2009. Entries were not made in the EAS logs to show required monthly EAS tests received and retransmitted from either the primary or secondary sources for the month of August 2009. There were no entries in the station logs indicating the reasons why the required EAS tests were not received. 3. As the nation’s emergency warning system, the Emergency Alert System is critical to public safety, and we recognize the vital role that broadcasters play in ensuring its success. The Commission takes seriously any violations of the Rules implementing the EAS and expects full compliance from its regulatees. Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section 1.89 of the Commission's Rules, we seek additional 147 C.F.R. § 1.89. 247 C.F.R. § 1.89(a). 347 U.S.C. § 403. Federal Communications Commission 2 information concerning the violation(s) and any remedial actions the station may have taken. Therefore, Time Warner 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 4. In accordance with Section 1.16 of the Commission’s Rules, we direct Time Warner to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Time Warner with personal knowledge of the representations provided in Time Warner’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 punishable by fine or imprisonment under Title 18 of the U.S. Code.6 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 York Office 201 Varick Street, Suite 1151 New York, NY 10014 6. This Notice shall be sent to Time Warner at its address of record. 447 C.F.R. § 1.89(c). 5Section 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. 618 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. Federal Communications Commission 3 7. 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 Daniel W. Noel District Director New York District Office Northeast Region Enforcement Bureau 7P.L. 93-579, 5 U.S.C. § 552a(e)(3).