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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
reference.
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
address:
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
COMMISSION
David J. Charlton
Resident Agent
Anchorage Resident Agent Office
Western Region
Enforcement Bureau
Encl: Notice of Violation, File EB-04-AN-006; NOV No.
V20043278003
_________________________
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.