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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Valley Cable TV, Inc. ) Fi-
POB 508 ) le Number EB-02-AT-275
602 College Street ) NAL/Acct. No. 200232480017
Fort Valley, Georgia ) FRN 0006-1529-20
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: September 3, 2002
By the Enforcement Bureau, Atlanta Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find that Valley Cable TV, Inc. (``Valley'') 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 Valley Cable TV, Inc. is apparently liable for a
forfeiture in the amount of eight thousand dollars ($8,000).
2. On July 23 and 25, 2002, an agent from the FCC
Enforcement Bureau's Atlanta Field Office conducted a cable
television signal leakage inspection of Valley's cable system
located in Fort Valley, Georgia. The agent found that, at
thirty-one locations, cable signal leakage on the frequency
121.2625 MHz significantly exceeded 20 microvolts per meter
(µV/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 165 µV/m to 983 µV/m. Based on these
measurements, the agent calculated the system's cumulative
leakage index (``CLI'') at a value of 68.3, exceeding the allowed
cumulative signal leakage performance criteria of 64, in
violation of Section 76.611(a)(1) of the Rules.3 (See Attachment
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 µV/m at a distance of 3
meters. On July 23 and 25, 2002, Valley exceeded this limit at
thirty-one locations on its system in Fort Valley, Georgia.
Section 76.611(a)(1) of the Rules requires cable operators to
limit the CLI to a value at or below 64. On July 25, 2002,
Valley's cable system in Fort Valley, Georgia operated with a CLI
value of 68.3.
4. Based on the evidence before us, we find that on July 23
and 25, 2002, Valley Cable TV, Inc. willfully4 and repeatedly5
violated Section 76.605(a)(12) of the Rules, and on July 25,
2002, 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
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 Valley Cable TV, Inc. 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, Valley Cable TV, Inc. SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the
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
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,
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 Valley Cable TV, Inc., at POB
508, 602 College Street, Fort Valley, GA 31030.
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
Atlanta Office, Enforcement Bureau
Valley Cable TV, Inc. NAL Acct. No.
FIELD STRENGTH MEASUREMENTS OF VALLEY CABLE TV, INC., FORT
MEASUREMENT DATES: JULY 23 & 25, 2002 FREQUENCY: 121.2625
Measurement Location Leakage Field
1 108 Peachtree Ext. 179
2 Hampton St. @ Butler St. 165
3 320 Hiley St. 193
4 Burnett St. @ Hiley St. 214
5 E. Church St. @ Hampton St. 229
6 616 Chamblee Dr. 953
7 418 Chamblee Dr. 591
8 Forrest Dr. @ Orange St. 621
9 405 Miller St. 345
10 527 Walden St. 252
11 Montrose St. @ Elberta St. 185
12 W. Church St. @ Everett Square 606
13 106 Knoxville St. 314
14 Knoxville St. @ Belle St. 224
15 518 Orange St. 652
16 607 Courtland St. 329
17 Across from 402-A Green St. 786
18 Across from 503 S. Camella Blvd. 377
19 5530 Hwy 341 South 273
20 Hwy 341 South @ Lavender St. 576
21 Pole @ 208 Lavender St. 194
22 604 Hwy 341 South 291
23 Pole @ 209 Oak St. 231
24 207 Calhoun St. 182
25 327 Hwy 341 South 313
26 201 Troutman Ave. 285
27 505 Peachtree St. 983
28 Edward St. @ Spruce St. 203
29 312 Spruce St. 280
30 Pole #13 @ 505 Preston St. 606
31 Beech St. @ Spruce St. 835
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 µV/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
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.