Is Cox Communications too cheap to follow government regulations?

Before the
Federal Communications Commission
Washington, D.C. 20554


In the Matter of. . . . . . . . . . . . . . . . . . . .)
Cox Communications, Inc. . . . . . . . . . .) File No. EB-04-SD-051
Facility ID #s 002295 & 004818 . . . . .)
Community Unit ID #s AZ0109 . . . . . . )
AZ0110, AZ0148, AZ0176, . . . . . . . . . .)
AZ0273 and AZ0878 . . . . . . . . . . . . . . .) NOV No. V20043294001
Maricopa County, Arizona . . . . . . . . . . .)


NOTICE OF VIOLATION


Released: September
13, 2004


By the District Director, San Diego 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 Cox
Communications, Inc., the operator of a cable television
system in Maricopa County, Arizona.

2. From February 10 through 13, 2004, an agent from the
Commission's San Diego Office inspected the Emergency Alert
System (``EAS'') equipment and logs at the following cable
system headend locations operated by Cox Communications,
Inc.:

Site Address

Bell 1550 W. Deer Valley Rd.,
Phoenix, AZ
East Mesa 4437 E. Holmes Ave., Mesa, AZ
Fowler 6610 Van Buren St., Phoenix,
AZ
McDowell 3008 E. McDowell Rd., Phoenix,
AZ
Peoria 9534 W. Peoria Ave., Peoria,
AZ
Scottsdale North 28213 N. 64th St., Scottsdale,
AZ

The agent observed the following violation:

47 C.F.R. § 11.52(d): ``Broadcast stations and
cable systems and wireless cable systems must
monitor two EAS sources. The monitoring
assignments of each broadcast station, cable system
and wireless cable system are specified in the State
EAS Plan and FCC Mapbook. They are developed in
accordance with FCC monitoring priorities.'' Cox
Communications, Inc. had the capability to monitor
two EAS sources but failed to monitor the local LP-1
station. According to the local EAS plan for the
Phoenix, AZ area (Maricopa County, Arizona), the
designated LP-1 station is KTAR(AM), Phoenix,
Arizona.

3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Cox Communications, Inc., 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 the
licensee. 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
San Diego Office
4542 Ruffner Street, Suite 370
San Diego, California 92111

4. This Notice shall be sent to Cox Communications, Inc.,
1550 Deer Valley Road, Phoenix, Arizona 85027.

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




William R. Zears Jr.
District Director
San Diego Office
Western Region
Enforcement Bureau


_________________________

147 C.F.R. § 1.89.

247 U.S.C. § 308(b).
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.