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

In the Matter of                 )
                                )
James C. Bilbrey ET AL           )       File Number EB-02-AT-266
Overton County Cable TV          )     NAL/Acct. No. 200232480015
712 East Main Street             )              FRN  0007-5632-24
Livingston, Tennessee            )
                                )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                       Released:  August 26, 2002

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find that  James  C.  Bilbrey  ET AL,  Overton  County  Cable  TV 
(``Overton'')   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  James  C. 
Bilbrey ET AL, Overton County Cable TV is apparently liable for a 
forfeiture in the amount of eight thousand dollars ($8,000).

                         II.  BACKGROUND

     2.  On  July 10,  2002, an  agent from  the FCC  Enforcement 
Bureau's Atlanta Field Office conducted a cable television signal 
leakage  inspection  of   Overton's  cable   system  located   in 
Livingston,  Tennessee.   The  agent   found  that,  at   sixteen 
locations, cable  signal leakage  on  the frequency  121.275  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 652 V/m  to 1055  V/m.  Based on  these measurements,  the 
agent calculated the system's cumulative leakage index  (``CLI'') 
at a  value  of 70.6,  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 10, 2002, Overton exceeded this limit at sixteen 
locations  on  its  system  in  Livingston,  Tennessee.   Section 
76.611(a)(1) of the Rules requires  cable operators to limit  the 
CLI to a value at or below 64.  On July 10, 2002, Overton's cable 
system in  Livingston, Tennessee  operated with  a CLI  value  of 
70.6.

     4.  Based on the  evidence before us, we  find that on  July 
10, 2002,  James  C.  Bilbrey  ET AL,  Overton  County  Cable  TV 
willfully4 and repeatedly5 violated Section 76.605(a)(12) of  the 
Rules, and 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 James C. Bilbrey ET AL, Overton County Cable TV 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, James  C.  Bilbrey  ET  AL, 
Overton County Cable TV 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 James C. Bilbrey ET AL,  Overton 
County Cable TV, at 712 East Main Street,, Livingston, TN 38570. 


                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              Fred L. Broce
                              District Director
                              Atlanta Office, Enforcement Bureau

              

                         
James C. Bilbrey, Overton County Cable TV              NAL Acct. 
No. 200232480015


ATTACHMENT A



FIELD STRENGTH MEASUREMENTS OF OVERTON COUNTY CABLE TV, 
LIVINGSTON, TN

MEASUREMENT DATE:  JULY 10, 2002        FREQUENCY:  121.275 MHZ



     Measurement Location                  Leakage Field 
                                           Strength, V/m
1    E. Cedar St. @ Windle St.             980
2    Pole at 207 E. Cedar St.              667
3    Sevier St. @ Tayes St.                756
4    210 Keaton St.                        697
5    218 Tanglewood St.                    832
6    205 Bussell St.                       1010
7    613 Burgess St.                       936
8    607 Burgess St.                       907
9    E. 7th St. @ Preston St.              712
10   Across from 813 Preston St.           890
11   808 N. Goodpasture St.                832
12   E. 7th St. @ Oak Heights              1055
13   Water St. @ Hi-Tech Drive             652
14   Oak St. @ College St.                 996
15   Just West of 932 W. 6th St.           682
16   Hi-Tech Drive @ Apple Drive           727

_________________________

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 10 miles or 6% of the system 
inspected, and assumed no leaks in the 94% 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.