Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
James C. Bilbrey ET AL ) File Number EB-02-AT-266
Overton County Cable TV ) NAL/Acct. No. 200232480015
712 East Main Street ) FRN 0007-5632-24
Livingston, Tennessee )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: August 26, 2002
By the Enforcement Bureau, Atlanta Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find that James C. Bilbrey ET AL, Overton County Cable TV
(``Overton'') willfully and repeatedly violated Section
76.605(a)(12) of the Commission's Rules (``Rules'')1 and
willfully violated Section 76.611(a)(1) of the Rules2 relating to
cable television signal leakage. We conclude that James C.
Bilbrey ET AL, Overton County Cable TV is apparently liable for a
forfeiture in the amount of eight thousand dollars ($8,000).
2. On July 10, 2002, an agent from the FCC Enforcement
Bureau's Atlanta Field Office conducted a cable television signal
leakage inspection of Overton's cable system located in
Livingston, Tennessee. The agent found that, at sixteen
locations, cable signal leakage on the frequency 121.275 MHz
significantly exceeded 20 microvolts per meter (µV/m) at a
distance of at least three meters from each leakage, in violation
of Section 76.605(a)(12) of the Rules. The measured leaks ranged
from 652 µV/m to 1055 µV/m. Based on these measurements, the
agent calculated the system's cumulative leakage index (``CLI'')
at a value of 70.6, exceeding the allowed cumulative signal
leakage performance criteria of 64, in violation of Section
76.611(a)(1) of the Rules.3 (See Attachment A.)
3. Section 76.605(a)(12) of the Rules requires cable
operators to limit signal leakage in the frequency band from 54
MHz up to and including 216 MHz to 20 µV/m at a distance of 3
meters. On July 10, 2002, Overton exceeded this limit at sixteen
locations on its system in Livingston, Tennessee. Section
76.611(a)(1) of the Rules requires cable operators to limit the
CLI to a value at or below 64. On July 10, 2002, Overton's cable
system in Livingston, Tennessee operated with a CLI value of
4. Based on the evidence before us, we find that on July
10, 2002, James C. Bilbrey ET AL, Overton County Cable TV
willfully4 and repeatedly5 violated Section 76.605(a)(12) of the
Rules, and willfully violated Section 76.611(a)(1) of the Rules.
5. Pursuant to Section 1.80(b)(4) of the Rules, the base
forfeiture amount for the violations cited in this notice is
$8,000 (violation of rules relating to distress and safety
frequencies).6 Section 503(b)(2)(D) of the Communications Act of
1934, as amended (``Act''), requires us to take into account
``... the nature, circumstances, extent, and gravity of the
violation, and with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay, and
other such matters as justice may require.''7 Considering the
entire record and the factors listed above, this case warrants an
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act8 and Sections 0.111, 0.311 and 1.80 of the
Rules,9 James C. Bilbrey ET AL, Overton County Cable TV is hereby
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount
of eight thousand dollars ($8,000) for willful and repeated
violation of Section 76.605(a)(12) of the Rules and willful
violation of Section 76.611(a)(1) of the Rules.
7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules, within thirty days of the release date of
this NOTICE OF APPARENT LIABILITY, James C. Bilbrey ET AL,
Overton County Cable TV SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
8. Payment of the forfeiture may be made by mailing a check
or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment MUST INCLUDE
the NAL/Acct. No. and FRN referenced in the letterhead above.
9. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street, SW, Washington, DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division, and MUST INCLUDE THE
NAL/Acct. No. and FRN referenced in the letterhead above.
10. The Commission will not consider reducing or canceling
a forfeiture in response to a claim of inability to pay unless
the petitioner submits: (1) federal tax returns for the most
recent three-year period; (2) financial statements prepared
according to generally accepted accounting practices (``GAAP'');
or (3) some other reliable and objective documentation that
accurately reflects the petitioner's current financial status.
Any claim of inability to pay must specifically identify the
basis for the claim by reference to the financial documentation
11. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Federal Communications Commission, Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W., Washington,
12. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by regular mail and Certified
Mail Return Receipt Requested to James C. Bilbrey ET AL, Overton
County Cable TV, at 712 East Main Street,, Livingston, TN 38570.
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
Atlanta Office, Enforcement Bureau
James C. Bilbrey, Overton County Cable TV NAL Acct.
FIELD STRENGTH MEASUREMENTS OF OVERTON COUNTY CABLE TV,
MEASUREMENT DATE: JULY 10, 2002 FREQUENCY: 121.275 MHZ
Measurement Location Leakage Field
1 E. Cedar St. @ Windle St. 980
2 Pole at 207 E. Cedar St. 667
3 Sevier St. @ Tayes St. 756
4 210 Keaton St. 697
5 218 Tanglewood St. 832
6 205 Bussell St. 1010
7 613 Burgess St. 936
8 607 Burgess St. 907
9 E. 7th St. @ Preston St. 712
10 Across from 813 Preston St. 890
11 808 N. Goodpasture St. 832
12 E. 7th St. @ Oak Heights 1055
13 Water St. @ Hi-Tech Drive 652
14 Oak St. @ College St. 996
15 Just West of 932 W. 6th St. 682
16 Hi-Tech Drive @ Apple Drive 727
1 47 C.F.R. § 76.605(a)(12).
2 47 C.F.R. § 76.611(a)(1).
3 The calculated CLI included only leaks greater than 50 µV/m,
included leaks found in only 10 miles or 6% of the system
inspected, and assumed no leaks in the 94% of the system not
4 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies equally to Section 503(b) of the Act, provides that
``[t]he term `willful,' when used with reference to the
commission or omission of any act, means the conscious and
deliberate commission or omission of such act, irrespective of
any intent to violate any provision of this Act ....'' See
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
5 The term ``repeated'' means the commission or omission of an
act more than once or, if such commission or omission is
continuous, for more than one day. 47 U.S.C. § 312(f)(2).
6 47 C.F.R. § 1.80(b)(4).
7 47 U.S.C. § 503 (b)(2)(D).
8 47 U.S.C. § 503(b).
9 47 C.F.R. §§ 0.111, 0.311, 1.80.
10 See 47 C.F.R. § 1.1914.