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.


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

In the Matter of                   )      File Number EB-03-TP-179
Suwannee Cable TV                  )     NAL/Acct. No.200332700028
Operator of Cable Television       )
System FL1248, PSID 020182         )                FRN 0009301516
Old Town, Florida


                                     Released: July 17, 2003

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''),  we find Suwannee Cable  TV apparently 
liable  for a  forfeiture in  the amount  of eight  thousand 
dollars  ($8,000)  for  willful and  repeated  violation  of 
Sections 76.605(a)(12) and  76.611(a)(1) of the Commission's 
Rules (``Rules'').1  Specifically, we find Suwannee Cable TV 
apparently   liable  for   failing   to   comply  with   the 
Commission's cable signal leakage standards.

                         II.  BACKGROUND

     2.   On  April  9  and  10, 2003,  agents  of  the  FCC 
Enforcement Bureau's  Tampa Field Office  (``Tampa Office'') 
inspected  a portion  of  Suwannee Cable  TV's cable  system 
serving Fanning  Springs  and Old Town,  Florida to identify 
leaks and determine compliance with the basic signal leakage 
criteria.  The agents identified and measured eighteen leaks 
on the  frequency 121.2625  MHz, ranging in  signal strength 
from  51  microvolts per  meter  (``V/m'')  to 3,052  V/m.  
Based  on  these  measurements, the  agents  calculated  the 
system's Cumulative  Leakage Index  (``CLI'') at a  value of 
72.7,  exceeding  the  allowable cumulative  signal  leakage 
performance criteria of 64.2  (See Attachment B.)

     3.   On  April 10,  2003,  the FCC  agents  met with  a 
Suwannee  Cable TV  representative  at their  office in  Old 
Town,  Florida and  verbally  advised and  hand delivered  a 
written  Order  to  Cease Operations  on  aeronautical  band 
frequencies  until the  leaks were  repaired and  the system 
complied with the basic signal leakage criteria.3  

     4.  In  accordance with the Order  to Cease Operations, 
Suwannee Cable TV was required  to complete an inspection of 
at least 75% of the system's cable plant, make the necessary 
repairs to  bring the  system into  compliance and  submit a 
report of  their findings.  Suwannee Cable  TV complied with 
the Order to Cease Operations.  

                      III.  DISCUSSION

     5. 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 April  9 and  10, 2003, Suwannee  Cable TV 
exceeded this limit  at eighteen locations on  its system in 
Fanning Springs and Old  Town, Florida. Section 76.611(a)(1) 
of the Rules requires cable operators  to limit the CLI to a 
value at  or below 64.   On April  9 and 10,  2003, Suwannee 
Cable TV's  cable system  in Fanning  Springs and  Old Town, 
Florida operated with a CLI value of 72.7.  

     6.  Based  on the evidence  before us, we find  that on 
April  9 and  10,  2003, Suwannee  Cable  TV willfully4  and 
repeatedly5 violated Sections 76.605(a)(12) and 76.611(a)(1) 
of the Rules. 

     7.  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   In  assessing   the  monetary 
forfeiture  amount,  we  must  also take  into  account  the 
statutory factors  set forth in Section  503(b)(2)(D) of the 
Communications  Act of  1934,  as  amended (``Act''),  which 
include 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  applying  the  factors 
listed above, this case warrants an $8,000 forfeiture.

                      IV.  ORDERING CLAUSES

     8.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,8  and Sections 0.111,  0.311 and 
1.80 of the Rules,9 Suwannee  Cable TV is hereby NOTIFIED of 
eight  thousand dollars  ($8,000) for  willful and  repeated 
violation of Sections 76.605(a)(12)  and 76.611(a)(1) of the 

     9.   IT  IS FURTHER  ORDERED THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Suwannee Cable TV SHALL PAY the full amount of the 
proposed  forfeiture  or  SHALL  FILE  a  written  statement 
seeking   reduction   or   cancellation  of   the   proposed 

     10.  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 should note the NAL/Acct. No. and FRN referenced 
above.  Requests for payment of  the full amount of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.10

     11.  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. referenced above.  

     12.   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 

     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  A 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 A,  please contact 
OCBO at (202) 418-0990.
     14.   IT IS  FURTHER ORDERED  THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested  to Suwannee  Cable TV, Highway  19 South, 
Box 1120, Old Town, Florida, 33692.  


                         Ralph M. Barlow
                         District Director
                         Tampa  Field   Office,  Enforcement 

Attachments                                                ATTACHMENT B

System Location: Fanning Springs & Old System PSID:  Frequency: 121.2625 
               Town, FL                   020182             MHz
Inspection Date(s): 4/9/2003 & 

Measurement Location                                 Signal Leakage Field 
                                                      (V/m @ 3 meters)

NW 165 LN / HWY 27, POLE 30                                 1,384
16781 NW 85 TER                                              224
LEVY/GICHRIST BORDER @ HWY 98 & 26                           610
FANNING SPRINGS CITY HALL                                    224
HWY 351-U ACROSS FROM TRADING POST                           132
512 ARROWHEAD RD NEAR ED LEWIS'S HOUSE                       224
W END OF 6TH ST OFF OF 1ST AVE                                51
ARMADILLO / ARROWHEAD                                         92
ELM / 8TH ST                                                 387
CHERRY ST / CR 351-U                                         244
SUWANEE RIVER DR / M.D. MCDOUGAL                             305
17788 NW 90 TER POLE B30091                                  407
17730 SUWANNE RIVER DR                                       610
HENSLEY RD / HINTON LANDING                                  407
BAY ST / HINTON LANDING                                     3,052
JOHNSON RD / WILLIAMS RD OLD TOWN                           1,221  
ACROSS FROM OLD TOWN CAMPGROUND,WEST                         753
N OF ELBERT DR ON HINTON LANDING                            1,933


1 47 C.F.R.  76.605(a)(12) and 76.611(a)(1).

2 A maximum CLI of 64 is the basic signal leakage 
performance criteria of Section 76.611(a)(1) of the rules.  
Leakage that exceeds this level is deemed to pose a serious 
threat to air safety communications.  The calculated CLI 
included only leaks greater than 50 V/m.

3  See 47 C.F.R. 76.613(c). 

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 

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.