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

Certified Mail #     7000 0250 0021 4662 8122
Return Receipt Requested

In the Matter of
City of Point Hope               )           File No: EB-04-AN-006
Unregistered Cable Television    )            NOV No: V20043278003
Point Hope, Alaska               )

                       NOTICE OF VIOLATION

                                          Released: April 2, 2004

By the Anchorage Resident Agent Office, Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to Section 1.89 of the Commission's Rules,1 to  the 
     City of Point Hope, Point Hope, Alaska.

  2.      On March 22, 2004, the Commission's Anchorage  Resident 
     Agent Office received  a report  from FAA  engineers that  a 
     cable television  system was  interfering with  the FAA  RCO 
     aeronautical  frequency  of  122.250  MHz,  in  Point  Hope, 

  3.      Statements by the  Acting Mayor of  Point Hope and  the 
     technician for the cable system admit the cable system  does 
     cross  public   rights-of-way   and  is   carrying   signals 
     other/more than local television broadcast stations2 as  are 
     the definitions  under Section  76.5(a)(1) and  (2)3 of  the 
     Rules and therefore requires the cable system be  registered 
     with the Commission.  A  search of Commission records  shows 
     that  the  cable  system  in  Point  Hope,  Alaska  is   not 
     registered and therefore the violation:

       47  C.F.R.   76.1801(a): ``A  system community  unit 
       shall be authorized to commence operation only  after 
       filing with  the Commission the information  required 
       on FCC Form  322.''  See also Sections  76.1801(a)(1) 
       - (7), (b) and (c).4,5
  4.      Regarding the FAA  reported interference  to their  RCO 
     aeronautical frequency in Point  Hope.  This Office  directs 
     the city's principal or officer attention to Section  76.610 
     of the Commissions  Rules.6  This Section  states, in  part, 
     that any operation  of any cable  system using  aeronautical 
     frequencies must  comply  with the  provisions  of  Sections 
     76.611, 76.612, 76.613, 76.614, 76.1803, 76.1804 and 76.1706 
     by reference  of  the Commissions  Rules.7   These  Sections 
     delineate the  requirements  for startup  of  and  continued 
     operations of  a  cable system  that  utilizes  aeronautical 
     frequencies, regular programmed scheduled monitoring of  the 
     system  for  leakage,  offset   channel  standards,  and   a 
     requirement to act promptly and take appropriate  corrective 
     measures  to   eliminate  harmful   interference  to   radio 
     communications involving the safety  of life and  protection 
     of property  and logging  of  cable leakage  monitoring  and 
     repairs related to leakage.   The aeronautical service is  a 
     safety service.

  5.      In addition,  the City  of Point  Hope cable  operation 
     also requires the installation  of specific Emergency  Alert 
     System (EAS) equipment if  not already accomplished. See  47 
     C.F.R.  11.1 et seq.  Waivers are granted on a case-by-case 
     basis  upon  the  filing  of  a  waiver  request  with   the 
     Commission that includes  a showing  of financial  hardship.  
     Amendment of Part 73, Subpart  G, of the Commission's  Rules 
     Regarding the Emergency Broadcast System, Second Report  and 
     Order, 12 FCC Rcd 15503, 15513 (1997).

  6.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,8 and  Section  1.89 of  the  Commission's 
     Rules, the City of Point Hope, Alaska, 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 the  City 
     of Point  Hope.   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 

                 Federal Communications Commission
                 Enforcement Bureau
                 Anchorage Resident Agent Office
                 P.O. Box 221849
                 Anchorage, Alaska 99522-1849

  7.      This Notice  shall be  sent by  certified mail;  return 
     receipt requested,  to City  of Point  Hope, P.O.  Box  169, 
     Point Hope, AK 99766.

  8.      The Privacy Act  of 19749 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.10

                                FEDERAL COMMUNICATIONS 

                                David J. Charlton
                                Resident Agent
                                Anchorage Resident Agent Office

1 47 C.F.R.  1.89.

2 47 C.F.R.  73.606 & 73.622; Table of Allotments for local 
television stations.  There are no television broadcast channel 
assignments for Point Hope, Alaska.

3 47 C.F.R.  76.5(a)(1) and (2).

4 47 C.F.R.  76.1801(a), (b) and (c) inclusive.

5 See also, 47 C.F.R.  76.1802 Equal Employment Opportunity, 47 
C.F.R.  76.1803 Signal Leakage Monitoring, 47 C.F.R.  76.1804 
Aeronautical Frequencies: Leakage Monitoring (CLI); associated 
FCC Form 321 for operations in the aeronautical bands of 108 - 
137 and 225 - 400 MHz and 47 C.F.R.  11.1 et seq for Emergency 
Alert System equipment, procedures and requirements.
6 47 C.F.R.  76.610 et seq

7 47 C.F.R.  76.611, 76.612, 76.613, 76.614, 76.1803, 76.1804 
and 76.1706

8 47 U.S.C.  308(b).

9 P.L. 93-579, 5 U.S.C.  552a(e)(3).
10 18 U.S.C.  1001 et seq.