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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Knology of the Plains, Inc. ) File No. EB-DV-11-0142

   Cable System Operator )

   Physical System 004182 )

   ) NOV No. V201132800024

   Watertown, South Dakota )


                              NOTICE OF VIOLATION

   Released: September 7, 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 Knology of the Plains, Inc.
       ("Knology"), operator of a cable system in Watertown, South Dakota.
       This Notice may be combined with a further action, if further action
       is warranted.

    2. On June 21 and June 23, 2011, an agent of the Enforcement Bureau's
       Denver Office inspected a cable system located at Watertown, South
       Dakota, and observed the following violation(s):

     a. 47 C.F.R. S: 11.52(d): "EAS participants must monitor two EAS
        sources. The monitoring assignments of each broadcast station and
        cable system and wireless cable system are specified in the State EAS
        Plan..." The State Plan, revised as of December 15, 2009, specified
        the LP-2 assignment to be KXLG-FM, Milbank, SD, on 99.1 MHz versus
        KIXX-FM, Watertown, SD, on 96.1 MHz.

     b. 47 C.F.R. S: 11.61(a): "EAS Participants shall conduct tests at
        regular intervals, as specified in paragraphs (a)(1) and (a)(2) of
        this section. Additional tests may be performed anytime. EAS
        activations and special tests may be performed in lieu of required
        tests as specified in paragraph (a)(4) of this section. All tests
        will conform with the procedures in the EAS Operating Handbook."
        Knology failed to properly identify and log all required entries from
        the two required EAS sources for the three month period prior to the

     c. 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, an agent observed signal leakage on the frequency of
        121.2625 MHz at the following location:

   1) Alley/Street near 15 4th Avenue SW 82 uV/m

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       cable operators play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its regulatees. We also must investigate
       violations of other rules that apply to cable operators.  Pursuant to
       Section 403 of the Communications Act of 1934, as amended, and Section
       1.89 of the Commission's Rules, we seek additional information
       concerning the violations and any remedial actions the station may
       have taken.  Therefore, Knology must submit a written statement
       concerning this matter within twenty (20) days of release of this
       Notice. The response (i) must fully explain each violation, including
       all relevant surrounding facts and circumstances, (ii) must contain a
       statement of the specific action(s) taken to correct each violation
       and preclude recurrence, and (iii) must include a time line for
       completion of any pending corrective action(s). The response must be
       complete in itself and must not be abbreviated by reference to other
       communications or answers to other notices.

    4. In accordance with Section 1.16 of the Commission's Rules, we direct
       Knology f the Plains, Inc., to support its response to this Notice
       with an affidavit or declaration under penalty of perjury, signed and
       dated by an authorized officer of Knology with personal knowledge of
       the representations provided in Knology's response, verifying the
       truth and accuracy of the information therein, and confirming that all
       of the information requested by this Notice which is in the licensee's
       possession, custody, control, or knowledge has been produced. To
       knowingly and willfully make any false statement or conceal any
       material fact in reply to this Notice is punishable by fine or
       imprisonment under Title 18 of the U.S. Code.

    5. 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

    6. This Notice shall be sent to Knology of the Plains, Inc., at its
       address of record.

    7. 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.


   Nikki P. Shears

   District Director

   Denver District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   47 U.S.C. S: 403.

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's Rules provides that "[a]ny document to be
   filed with the Federal Communications Commission and which is required by
   any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

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

   Federal Communications Commission


                       Federal Communications Commission