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

Certified Mail #     7000 0520 0021 4662 8719
Return Receipt Requested

In the Matter of
City of Point Hope               )           File No: EB-04-AN-006
Point Hope, Alaska               )
                                )            NOV No: V20043278005
Failure to Respond to            )
Commission Notice 

                       NOTICE OF VIOLATION

                                           Released: May 14, 2004

By the Anchorage Resident Agent Office, Western Region, 
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 April 4, 2004, this Office released a Notice to  the 
     City of  Point Hope,  Alaska for  an unregistered  operating 
     cable television system (``CATV'') in violation of 47 C.F.R. 
      76.1801(a).2  The  City of  Point Hope was  given 20  days 
     from the release  date to respond.   Copy attached for  your 

  3.      On May 7, 2004, a  Commission agent discussed with  the 
     Acting Mayor the non-response to a Commission notice  issue, 
     registering  the  CATV  system  and  the  on-going  sporadic 
     interference the FAA's RCO aeronautical frequency of 122.250 
     MHz continues to receive from  the CATV system.3  The  agent 
     stressed to the Acting Mayor  the importance of keeping  the 
     aeronautical band CATV modulators (CATV channels 14, 15  and 
     16) turned off  and locked out  from unauthorized  personnel 
     until such  time  repairs and  proofing  of the  system  are 
     affected and the interference  to the FAA system  mitigated.  
     Failure to  do so  could potentially  result in  a  monetary 
     forfeiture or other enforcement action.

  4.      To date the Commission has not received a reply to  the 
     Notice and therefore the violation:

       47  C.F.R.   1.89(b):  ``Within  10  days  from  the 
       receipt of  the notice or such  other period  as  may 
       be  specified, the  recipient  shall send  a  written 
       answer,  in  duplicate, directly  to  the  Commission 
       office originating the official notice.''

  5.      Again, this  Office  directs the  city's  principal  or 
     officer attention  to  Section  76.610  of  the  Commissions 
     Rules.4  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.5    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.

  6.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,6 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 19747 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.8

                                FEDERAL COMMUNICATIONS 

                                David J. Charlton
                                Resident Agent
                                Anchorage Resident Agent Office
                                Western Region
                                Enforcement Bureau

Encl: Notice of Violation, File EB-04-AN-006; NOV No. 

1 47 C.F.R.  1.89.

2 Notice of Violation, File No. EB-04-AN-006, NOV No. 
V20043278003, Released April 4, 2004, by the Anchorage Resident 
Agent Office, Western Region, Enforcement Bureau.

3 The FAA continues to report sporadic interference from the 
cable system to the point that, by way of a Notice to Airmen 
(NOTAM), logged their RCO system/frequency at Point Hope ``out of 
service'' on May 6, 2004.  This places a severe safety hazard 
upon the flying public and hinders the effective operations of 
the FAA in Point Hope and the surrounding communities/areas.
4 47 C.F.R.  76.610 et seq

5 47 C.F.R.  76.611, 76.612, 76.613, 76.614, 76.1803, 76.1804 
and 76.1706

6 47 U.S.C.  308(b).

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

8 18 U.S.C.  1001 et seq.