**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. 64^th^ 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 1974[^3] 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

[^1]: 47 C.F.R. § 1.89.

[^2]: 47 U.S.C. § 308(b).

[^3]: P.L. 93-579, 5 U.S.C. § 552a(e)(3).

[^4]: 18 U.S.C. § 1001 *et seq.*