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                1.                       Before the
          2.            Federal Communications Commission
             3.                 Washington, D.C. 20554

In the Matter of                )
Metrocast Cablevision           )            File No.   EB-04-BS-
Laconia, New  Hampshire         )            NOV              No.  

              5.                  NOTICE OF VIOLATION

                                             Released:  May 24, 

By the District Director, Boston Office, Enforcement Bureau:

     This is a Notice of Violation ("Notice") issued pursuant  to 
Section  1.89   of   the  Commission's   Rules,1   to   Metrocast 
Cablevision, operator of  the cable system  serving Laconia,  New 

     On May 11, 2004, an agent of the Commission's Boston  Office 
inspected the  cable system  serving Laconia,  New Hampshire  and 
observed the following violation(s):

  5.a.      47  C.F.R.   76.605(a)(12) ``...signal  leakage 
            from  a   cable  television   system  shall   be 
            measured... and  shall be limited as  follows:''  
            This  section  requires  that  cable   operators 
            maintain  their  cable  system  signal   leakage 
            below 20 V/m  in the frequency band between  54 
            MHz and  216 MHz.  Signal  leakage in excess  of 
            20   V/m   was  measured   at   the   following 

 Date    Fre-      Signal                 Location
        quency    Strength
         (MHz)     (V/m)
5-11-   127.2-  138          Pole at 69 Belvidere St.
04      625

     Pursuant to  Section 308(b)  of  the Communications  Act  of 
1934, as amended,2  and Section 1.89  of the Commission's  Rules, 
Metrocast Cablevision 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  licensee  with personal  knowledge  of the  matter.   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
                 Boston Office
                 One Batterymarch Park
                 Quincy, MA 02169     

     This Notice shall be sent to  Metrocast Cablevision, 9 Apple 
Road, Belmont, New Hampshire 03220.

     The Privacy Act of  19743 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.4

                                FEDERAL COMMUNICATIONS 

                                Dennis V. Loria   
                                District Director
                                Boston Office


1 47 C.F.R.  1.89.

2 47 U.S.C.  308(b).
3 P.L. 93-579, 5 U.S.C.  552a(e)(3).

4 18 U.S.C.  1001 et seq.