Federal Communications Commission 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)1 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 2. On April 26, 2013 agents of the Enforcement Bureau’s Seattle District Office inspected Click! Cable Television located at 3628 South 35th Street, Tacoma, WA, and observed the following violations: a. 47 C.F.R. § 76.1703: “Commercial Records on Children’s Programs - Cable operators airing children’s programming must maintain records sufficient to verify compliance with § 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. § 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 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 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. § 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 At the time of the inspection, the FCC EAS Handbook was an outdated version from 2001, whereas the current 2007 EAS Cable System (including Digital Cable) is available on the FCC website at: 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,3 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.4 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,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 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. 6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. Federal Communications Commission 3 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 122nd 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 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 Binh Nguyen Acting District Director Seattle District Office Western Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).