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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Fort Randall Cable Systems, Inc. ) File No. EB-11-DV-0174

   Cable System Operator )

   Community Unit ID # SD0250 )

   ) NOV No. V201132800019

   Tabor, South Dakota )


                              NOTICE OF VIOLATION

   Released: July 28, 2011

   By the District Director, Denver Office, Western Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Fort Randall Cable Systems, Inc.
       ("Fort Randall"), operator of a cable system in Tabor, South Dakota.

    2. On June 20, 2011, an agent of the Enforcement Bureau's Denver Office
       inspected the Fort Randall cable system located at Tabor, South
       Dakota, and observed the following violations:

     a. 47 C.F.R. S: 76.605(a)(12): "As an exception to the general provision
        requiring measurements to be made at subscriber terminals, and
        without regard to the type of signals carried by the cable television
        system, signal leakage from a cable television system shall be
        measured in accordance with the procedures outlined in S: 76.609(h)
        and shall be limited as follows: Over 54 MHz up to and including 216
        MHz - 20 micro-volts per meter, measured at 3 meters." At the time of
        the inspection, the agent observed signal leakage on the frequency of
        121.25033 MHz at the following location:

   1) Alley next to 117 W. Yankton Street 302 uV/m

     b. 47 C.F.R. S: 76.612(a)(1): "All cable television systems which
        operate in the frequency bands 108-137 and 225-400 MHz shall comply
        with the following frequency separation standards: All such cable
        carriers or signal components shall be offset by 12.5 kHz with a
        frequency tolerance of +/- 5kHz." At the time of the inspection, the
        agent observed the following channels were operating outside the
        allowable frequency tolerance:

   Channel 14 (A) Measured 121.25033 MHz, Authorized 121.2625 MHz

   Channel 34 (U) Measured 283.250 MHz, Authorized 283.2625 MHz

   Channel 38 (BB) Measured 307.250 MHz, Authorized 307.2625 MHz

   Channel 39 (CC) Measured 313.250 MHz, Authorized 313.2625 MHz

     c. 47 C.F.R. S: 76.1610: "The Operator shall inform the Commission on
        FCC Form 324 whenever there is a change of cable television system
        operator; change of legal name, change of the operator's mailing
        address or FCC Registration Number (FRN); or change in the
        operational status of a cable television system. Notification must be
        done within 30 days from the date the change occurs..." At the time
        of the inspection, Fort Randall had acquired ownership of the cable
        system, apparently in 2004, but had not notified the Commission as

     d. 47 C.F.R. S: 76.1804: A Multichannel Video Programming Distributor
        ("MVPD") "shall notify the Commission before transmitting any carrier
        or other signal component with an average power level across a 25 kHz
        bandwidth in any 160 microsecond time period equal to or greater than
        10-4 watts at any point in the cable distribution system on any new
        frequency or frequencies in the aeronautical radio frequency bands
        (108-137 and 225-400 MHz). The notification shall be made on FCC Form
        321." At the time of the inspection, Fort Randall was using
        aeronautical frequencies in both the 108 - 137 MHz and 225 - 400 MHz
        bands but had not notified the Commission as required.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Fort Randall 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 Fort
       Randall. 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

   Denver District Office

   215 S. Wadsworth Blvd. Suite 303

   Lakewood, Colorado 80226

    4. This Notice shall be sent to Fort Randall Cable Systems, Inc., at its
       address of record.

    5. The Privacy Act of 1974 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.


   Nikki P. Shears

   District Director

   Denver District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 403.

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

   18 U.S.C. S: 1001 et seq.

   Federal Communications Commission


                       Federal Communications Commission