Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

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.

*****************************************************************




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

In the Matter of                 )
                                )
Valley Cable TV, Inc.            )                            Fi-
POB 508                          )     le Number EB-02-AT-275
602 College Street               )     NAL/Acct. No. 200232480017
Fort Valley, Georgia             )              FRN  0006-1529-20
                                )




           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                     Released:  September 3, 2002

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find that  Valley  Cable  TV,  Inc.  (``Valley'')  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 Valley Cable  TV, Inc. is  apparently liable for  a 
forfeiture in the amount of eight thousand dollars ($8,000).

                         II.  BACKGROUND

     2.   On July  23  and  25,  2002,  an  agent  from  the  FCC 
Enforcement Bureau's  Atlanta  Field  Office  conducted  a  cable 
television signal  leakage inspection  of Valley's  cable  system 
located in  Fort  Valley,  Georgia.  The  agent  found  that,  at 
thirty-one locations,  cable  signal  leakage  on  the  frequency 
121.2625 MHz  significantly  exceeded  20  microvolts  per  meter 
(V/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  165  V/m  to  983  V/m.   Based  on  these 
measurements,  the  agent  calculated  the  system's   cumulative 
leakage index (``CLI'') at a value of 68.3, 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.)  
     
                        III.  DISCUSSION

     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 V/m at  a distance of  3 
meters.  On July 23 and 25,  2002, Valley exceeded this limit  at 
thirty-one locations  on  its  system in  Fort  Valley,  Georgia.  
Section 76.611(a)(1)  of the  Rules requires  cable operators  to 
limit the CLI  to a  value at  or below  64.  On  July 25,  2002, 
Valley's cable system in Fort Valley, Georgia operated with a CLI 
value of 68.3.

     4.  Based on the evidence before us, we find that on July 23 
and 25, 2002,  Valley Cable TV,  Inc. willfully4 and  repeatedly5 
violated Section  76.605(a)(12) of  the Rules,  and on  July  25, 
2002, 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 
$8,000 forfeiture.

                      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 Valley Cable TV, Inc. 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, Valley  Cable TV, Inc.  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 
submitted.  

     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, 
D.C. 20554.10 

     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 Valley Cable  TV, Inc., at  POB 
508, 602 College Street, Fort Valley, GA 31030. 



                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              Fred L. Broce
                              District Director
                              Atlanta Office, Enforcement Bureau

              

                         
Valley Cable TV, Inc.                             NAL Acct. No. 
200232480017


ATTACHMENT A



FIELD STRENGTH MEASUREMENTS OF VALLEY CABLE TV, INC., FORT 
VALLEY, GA

MEASUREMENT DATES:  JULY 23 & 25, 2002       FREQUENCY:  121.2625 
MHZ



     Measurement Location                  Leakage Field 
                                           Strength, V/m
1    108 Peachtree Ext.                    179
2    Hampton St. @ Butler St.              165
3    320 Hiley St.                         193
4    Burnett St. @ Hiley St.               214
5    E. Church St. @ Hampton St.           229
6    616 Chamblee Dr.                      953
7    418  Chamblee Dr.                     591
8    Forrest Dr. @ Orange St.              621
9    405 Miller St.                        345
10   527 Walden St.                        252
11   Montrose St. @ Elberta St.            185
12   W. Church St. @ Everett Square        606
13   106 Knoxville St.                     314
14   Knoxville St. @ Belle St.             224
15   518 Orange St.                        652
16   607 Courtland St.                     329
17   Across from 402-A Green St.           786
18   Across from 503 S. Camella Blvd.      377
19   5530 Hwy 341 South                    273
20   Hwy 341 South @ Lavender St.          576
21   Pole @ 208 Lavender St.               194
22   604 Hwy 341 South                     291
23   Pole @ 209 Oak St.                    231
24   207 Calhoun St.                       182
25   327 Hwy 341 South                     313
26   201 Troutman Ave.                     285
27   505 Peachtree St.                     983
28   Edward St. @ Spruce St.               203
29   312 Spruce St.                        280
30   Pole #13 @ 505 Preston St.            606
31   Beech St. @ Spruce St.                835

_________________________

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 V/m, 
included leaks found in only 15 miles or 27% of the system 
inspected, and assumed no leaks in the 73% of the system not 
checked.
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.