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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File Number EB-07-DL-033
Northland Cable Ventures, LLC )
NAL/Acct. No.200732500004
Owner of Physical System ID 008406 )
FRN 0004522298
Gun Barrel City, Texas )
)
ORDER
Adopted: June 10, 2008 Released: June 12, 2008
By the Associate Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and Northland Cable
Ventures, LLC ("Northland"). The Consent Decree terminates an
investigation and Notice of Apparent Liability for Forfeiture by the
Bureau against Northland for possible violations of Section 76.1700(b)
of the Commission's Rules regarding cable public inspection files.
2. The Bureau and Northland have negotiated the terms of the Consent
Decree that resolve this matter. A copy of the Consent Decree is
attached hereto and incorporated by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigation.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether Northland possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, and Sections 0.111 and 0.311
of the Commission's Rules, the Consent Decree attached to this Order
IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.
7. IT IS FURTHER ORDERED that Northland Cable Ventures, LLC shall make
its voluntary contribution to the United States Treasury, as specified
in the Consent Decree, by mailing a check or similar instrument
payable to the order of the Federal Communications Commission, to
Federal Communications Commission, P.O. Box 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the NAL/Account
number in block number 23A (call sign/other ID), and enter the letters
"FORF" in block number 24A (payment type code). Northland shall also
send electronic notification on the date said payment is made to
SCR-Response@fcc.gov.
8. IT IS FURTHER ORDERED that within 90 of days of the adoption of this
Consent Decree, Northland Cable Ventures, LLC will provide the Bureau
with a written report on actions it has taken subsequent to the
effective date of this Order to confirm the Company is in compliance
with the rules and regulations referenced herein and resolved through
the adoption of this Consent Decree.
9. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Northland Cable Ventures LLC at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
George R. Dillon
Associate Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
File Number EB-07-DL-033
Northland Cable Ventures, LLC )
NAL/Acct. No.200732500004
Owner of Physical System ID 008406 )
FRN 0004522298
Gun Barrel City, Texas )
)
)
CONSENT DECREE
The Enforcement Bureau ("Bureau") and Northland Cable Ventures, LLC,
("Northland"), owner of the cable television system in Gun Barrel City,
Texas, Physical System ID 008406, by their authorized representatives,
hereby enter into this Consent Decree for the purpose of terminating the
Bureau's investigation into whether Northland violated Section 76.1700(b)
of the Commission's Rules ("Rules").
I. DEFINITIONS
1. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
S: 151 et seq.
b. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
c. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
d. "Compliance Plan" means the Company-wide program described in this
Consent Decree.
e. "Effective Date" means the date on which the Commission releases the
Adopting Order.
f. "Investigation" means the investigation commenced by the Bureau with
its inspection of the cable system in Gun Barrel City, Texas on April
26, 2007 regarding possible violations of Section 76.1700(b) of the
Rules.
g. "Northland" means Northland Cable Ventures, LLC and its
predecessors-in-interest and successors-in-interest.
h. "NAL" means the Notices of Apparent Liability for Forfeiture issued to
Northland on May 23, 2007.
i. "Order" or "Adopting Order" means an Order of the Commission adopting
the terms of this Consent Decree without change, addition, deletion,
or modification.
j. "Parties" means Northland and the Commission.
k. "Rules" means the Commission's regulations found in Title 47 of the
Federal Regulations.
II. BACKGROUND
2. Pursuant to Section 76.1700(b) of the Rules, cable system operators
are required to maintain a public inspection file at the office which
the system operator maintains for the ordinary collection of
subscriber charges, resolution of subscriber complaints, and other
business or at any other accessible place in the community served by
the system unit(s). The public inspection file shall be available for
public inspection at any time during regular business hours.
3. On May 23, 2007, the Commission's Dallas Office of the Enforcement
Bureau issued a NAL in the amount of $10,000 to Northland. Northland
filed a response to the NAL, requesting that the forfeiture be
cancelled or reduced.
III. TERMS OF AGREEMENT
4. Adopting Order. The Parties agree that the provisions of this Consent
Decree shall be subject to final approval by the Bureau by
incorporation of such provisions by reference in the Adopting Order
without change, addition, modification, or deletion.
5. Jurisdiction. Northland agrees that the Bureau has jurisdiction over
it and the matters contained in this Consent Decree and has the
authority to enter into and adopt this Consent Decree.
6. Effective Date: Violations. The Parties agree that this Consent Decree
shall become effective on the date on which the FCC releases the
Adopting Order. Upon release, the Adopting Order and this Consent
Decree shall have the same force and effect as any other order of the
Commission. Any violation of the Adopting Order or of the terms of
this Consent Decree shall constitute a separate violation of a Bureau
order, entitling the Bureau to exercise any rights and remedies
attendant to the enforcement of a Commission order.
7. Termination of Investigation. In express reliance on the covenants and
representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate its
investigation and to cancel its NAL. In consideration for the
termination of said investigation, Northland agrees to the terms,
conditions, and procedures contained herein. The Bureau further agrees
that in the absence of new material evidence, the Bureau will not use
the facts developed in this Investigation through the Effective Date
of the Consent Decree, or the existence of this Consent Decree to
institute, on its own motion, any new proceeding, formal or informal,
or take any action on its own motion against Northland concerning the
matters that were the subject of the investigation. The Bureau also
agrees that it will not use the facts developed in this Investigation
through the Effective Date of this Consent Decree, or the existence of
this Consent Decree, to institute on its own motion any proceeding,
formal or informal, or take any action on its own motion against
Northland with respect to Northland's basic qualifications, including
its character qualifications, to be a Commission licensee.
8. Compliance Plan. For purposes of settling the matters set forth
herein, for two years after the Effective Date, Northland agrees to
maintain a Compliance Plan with respect to Northland's obligations
under Section 76.1700(b) of the Rules. Northland will ensure that it
will compile and maintain a complete public inspection file for the
Gun Barrel system in Gun Barrel City, Texas.
9. Compliance Reports. Northland will file compliance reports with the
Commission ninety days after the Effective Date, twelve months after
the Effective Date, and twenty-four month after the Effective Date.
Each compliance report shall include a compliance certificate from an
officer, as an agent of Northland, stating that the officer has
personal knowledge that Northland has established operating procedures
intended to ensure compliance with this Consent Decree, together with
an accompanying statement explaining the basis for the officer's
compliance certification. All compliance reports shall be submitted
to George Dillon, Associate Chief, Enforcement Bureau, Federal
Communications Commission, 445 12th Street, S.W., Washington, D.C.
20554.
10. Voluntary Contribution. Northland agrees that it will make a voluntary
contribution to the United States Treasury in the amount of five
thousand dollars ($5,000). The payment will be made within thirty (30)
calendar days after the Effective Date of the Adopting Order.
Northland shall make its voluntary contribution to the United States
Treasury, by check or similar instrument, payable to the order of the
Federal Communications Commission. The payment must include the
NAL/Account Number and FRN Number referenced above. Payment by check
or money order may be mailed to Federal Communications Commission,
P.O. Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail
may be sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL,
1005 Convention Plaza, St. Louis, MO 63101. Payment by wire transfer
may be made to ABA Number 021030004, receiving bank TREAS/NYC, and
account number 27000001. For payment by credit card, an FCC Form 159
(Remittance Advice) must be submitted. When completing the FCC Form
159, enter the NAL/Account number in block number 23A (call sign/other
ID), and enter the letters "FORF" in block number 24A (payment type
code). Requests for full payment under an installment plan should be
sent to: Chief Financial Officer -- Financial Operations, 445 12th
Street, S.W., Room 1-A625, Washington, D.C. 20554. Please contact
the Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov with any questions regarding payment procedures.
11. Waivers. Northland waives any and all rights it may have to seek
administrative or judicial reconsideration, review, appeal or stay, or
to otherwise challenge or contest the validity of this Consent Decree
and the Order adopting this Consent Decree, provided the Commission
issues an Order adopting the Consent Decree without change, addition,
modification, or deletion. Northland shall retain the right to
challenge Commission interpretation of the Consent Decree or any terms
contained herein. If either Party (or the United States on behalf of
the Commission) brings a judicial action to enforce the terms of the
Adopting Order, neither Northland nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and Northland
shall waive any statutory right to a trial de novo. Northland hereby
agrees to waive any claims it may otherwise have under the Equal
Access to Justice Act, 5 U.S.C. S: 504 and 47 C.F.R. S: 1.1501 et
seq., relating to the matters addressed in this Consent Decree.
12. Invalidation. In the event that this Consent Decree is rendered
invalid by any court of competent jurisdiction, it shall become null
and void and may not be used in any manner in any legal proceeding.
`
13. Severability. The Parties agree that if any of the provisions of the
Adopting Order or the Consent Decree shall be invalid or
unenforceable, such invalidity or unenforceability shall not
invalidate or render unenforceable the entire Adopting Order or
Consent Decree, but rather the entire Adopting Order or Consent Decree
shall be construed as if not containing the particular invalid or
unenforceable provision or provisions, and the rights and obligations
of the Parties shall be construed and enforced accordingly.
14. Subsequent Rule or Order. The Parties agree that if any provision of
the Consent Decree conflicts with any subsequent rule or order adopted
by the Commission (except an Order specifically intended to revise the
terms of this Consent Decree to which Northland does not expressly
consent) that provision will be superseded by such Commission rule or
order.
15. Successors and Assigns. Northland agrees that the provisions of this
Consent Decree shall be binding on its successors and assigns.
16. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties. The
Parties further agree that this Consent Decree does not constitute
either an adjudication on the merits or a factual or legal finding or
determination regarding any compliance or noncompliance with the
requirements of the Act or the Commission's rules and orders. The
parties agree that this Consent Decree is for settlement purposes only
and that, by agreeing to this Consent Decree, Northland does not admit
or deny liability for violating any statute, regulation, or
administrative rule in connection with the matters that are the
subject of this Consent Decree.
17. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
18. Paragraph Headings. The headings of the Paragraphs in this Consent
Decree are inserted for convenience only and are not intended to
affect the meaning or interpretation of this Consent Decree.
19. Termination Date. Unless stated otherwise, the requirements of this
Consent Decree will expire 2 years from the Effective Date.
20. Authorized Representative. Each party represents and warrants to the
other that it has full power and authority to enter into this Consent
Decree.
21. Counterparts. This Consent Decree may be signed in any number of
counterparts (including by facsimile), each of which, when executed
and delivered, shall be an original, and all of which counterparts
together shall constitute one and the same fully executed instrument.
________________________________
George R. Dillon
Associate Chief
Enforcement Bureau
________________________________
Date
________________________________
Northland Cable Ventures, LLC
By: Its Manager and Sole Member
Northland Cable Properties, Inc.
Gary S. Jones
President
________________________________
Date
47 C.F.R. S: 76.1700(b).
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
47 C.F.R. S: 76.1700(b).
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732500004
(Enf. Bur., Dallas Office, May 23, 2007) ("NAL").
Federal Communications Commission DA 08-1384
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Federal Communications Commission DA 08-1384
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Federal Communications Commission DA 08-1384
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Federal Communications Commission DA 08-1384