On September 6, 2012, the FCC’s Enforcement Bureau Office in Tampa issued a Notice of Apparent Liability for Forfeiture and Order (“NAL”) to St. George Cable, Inc., for failing to install and maintain emergency alert system (EAS) equipment, failing to operate its cable system within required signal leakage limits, failing to register its system with the FCC, and failing to respond to a Bureau order.  The potential fine was set at $236,500. 

The NAL alleged that on August 10, 2011, the FCC received a complaint from a consumer claiming that the cable operator did not have EAS equipment installed.  FCC enforcement agents inspected the cable operator’s system on September 7, 2011, and confirmed that the system did not have the required EAS equipment.  At the same time, FCC enforcement agents verbally warned the cable operator that it needed to register its system with the FCC.  

Moreover, the enforcement agents observed 23 signal leaks exceeding the FCC’s limit, and ordered the cable operator to cease operations until the excessive signal leakage was eliminated.  FCC enforcement agents re-inspected the system again on September 10, 21, and 22, 2011, October 12, 2011, and again on March 19, 2012, and continued to find signal leaks exceeding the FCC’s limit. 

This NAL is a strong reminder that FCC licensees ignore FCC rules and orders at their peril.  Due to the repeated violations, and failure to respond, the FCC assessed forfeitures for each violation well above the base forfeiture amounts.  

 If you have questions about your cable system’s obligations under the EAS rules, cable signal leakage requirements, or system registration filings, please contact Bruce Beard at (314) 394-1535 or bbeard@cm-chi.com, or Scott Friedman at (312) 580-8557 or sfriedman@cm-chi.com.