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

In the Matter of                  )
                                 )
Northland Cable Properties VII,   )                       File 
LP                                )      Number EB-03-AT-061
Operator of Cable System in       )                       NAL/Ac-
Sandersville/                     )      ct. No. 200332480026
Tennille, Georgia                 )                          FRN:  
Seattle, Washington                 0004-5222-98





         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                    Released:  June 10, 2003

By the Enforcement Bureau, Atlanta Office:

                         I.  INTRODUCTION

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

                       II.  BACKGROUND

     2.  On March 5, 2003, an agent from the FCC Enforcement 
Bureau's Atlanta  Field Office conducted a  cable television 
signal  leakage  inspection   of  Northland's  cable  system 
located in  Sandersville and  Tennille, Georgia.   The agent 
found that, at thirty-eight  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 
84 V/m to 931 V/m.  Based on these measurements, the agent 
calculated the  system's cumulative leakage  index (``CLI'') 
at a value of 68.9,  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.  On  May 8, 2003, the  agent interviewed Northland's 
Vice-President  of Technical  Services who  stated that  the 
company's subsequent inspection of the system found numerous 
leaks exceeding  the Commission's radiation limits  and that 
the Sandersville cable system was an old system.
     
                      III.  DISCUSSION

     4.  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 March  5, 2003,  Northland exceeded  this 
limit   at  thirty-eight   locations   on   its  system   in 
Sandersville and Tennille, Georgia.  Section 76.611(a)(1) of 
the Rules  requires cable  operators to limit  the CLI  to a 
value at or  below 64.  On March 5,  2003, Northland's cable 
system in Sandersville and Tennille, Georgia operated with a 
CLI value of 68.9.

     5.  Based  on the evidence  before us, we find  that on 
March 5, 2003, Northland Cable Properties VII, LP willfully4 
and repeatedly5 violated Section 76.605(a)(12) of the Rules, 
and willfully violated Section 76.611(a)(1) of the Rules.

     6.  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

     7.   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 Northland  Cable Properties VII,  LP 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.

     8.   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, Northland 
Cable Properties  VII, LP SHALL  PAY the full amount  of the 
proposed  forfeiture  or  SHALL  FILE  a  written  statement 
seeking   reduction   or   cancellation  of   the   proposed 
forfeiture.

     9.  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.

     10.  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.

     11.   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.  

     12.  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 

     13. Under  the Small  Business Paperwork Relief  Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or  in a separate filing  to be sent to  the Technical & 
Public Safety Division.   Your certification should indicate 
whether   you,  including   your  parent   entity  and   its 
subsidiaries, meet one  of the definitions set  forth in the 
list provided by the FCC's Office of Communications Business 
Opportunities  (OCBO)  set forth  in  Attachment  B of  this 
Notice of Apparent Liability.  This information will be used 
for  tracking purposes  only.  Your  response or  failure to 
respond to this question will  have no effect on your rights 
and  responsibilities  pursuant  to Section  503(b)  of  the 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment B,  please contact 
OCBO at (202) 418-0990.











     14.  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  Northland Cable 
Properties  VII, LP,  1201 Third  Avenue #3600,  Seattle, WA 
98101.  




                              FEDERAL         COMMUNICATIONS 
COMMISSION
                         


                              Fred L. Broce
                              District Director
                              Atlanta   Office,  Enforcement 
Bureau

              

                         Northland Cable Properties VII, LP                  NAL 
Acct. No. 20033248XXXX


ATTACHMENT A


FIELD STRENGTH MEASUREMENTS OF NORTHLAND CABLE PROPERTIES, 
SANDERSVILLE/TENNILLE, GA

MEASUREMENT DATE:  MARCH 5, 2003                       
FREQUENCY:  121.2625 MHZ



     Measurement Location                  Leakage Field 
                                           Strength, V/m
1    218 Richmond St.                      672
2    633 Evergreen Dr.                     286
3    Richmond St. @ Kinny St.              710
4    518 Kinny St.                         260
5    508 Floyd St.                         188
6    603 Floyd St.                         152
7    608 Temple Dr.                        242
8    307 Evans St.                         351
9    Evans St. @ Carver St.                170
10   Carver St. @ Lovett St.               132
11   318 Carver St.                        84
12   Spring St. @ Green St.                209
13   Spring St. @ Floyd St.                185
14   311 South Smith St.                   138
15   219 E. Church St.                     392
16   225 E. Church St.                     383
17   333 Hines St.                         672
18   Across street from 215 Cypress St.    931
19   219 N. Smith St.                      180
20   N. Smith St. @ old Coca Cola Plant    357
21   703 Sun Hill Rd.                      792
22   215 E. Church St.                     282
23   Richmond St. @ E. Church St.          373
24   Jernigan St. @ Fire Station           696
25   Warthen St. @ Ridgeland Dr.           527
26   440 Orchard Ln.                       259
27   212 Cook St.                          866
28   228 Cook St                           910
29   513 Ridgeland Dr.                     235
30   130 Daniel St.                        323
31   529 MLK Dr.                           331
32   540 MLK Dr.                           373
33   109 Chandler St., Tennille, GA        527
34   540 Carver St., Tennille, GA          179
35   Carver St. @ Lincoln Dr., Tennille,   303
     GA
36   Smith St. @ Booker T. Washington St., 292
     Tennille, GA
37   114 Adams St., Tennille, GA           600
38   Mathews Rd. @ Chandler St., Tennille, 552
     GA

_________________________

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.