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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Philippi Communications Systems )
) File No. EB-04-CF-
322
Cable TV System )
Philippi, West Virginia )
) NOV No.
V20043234009
)
NOTICE OF VIOLATION
Released: September
2, 2004
By the Columbia Office, Northeast 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
Philippi Communications.
2. On August 17, 2004, agents of the Commission's Columbia
Office inspected the cable system operated by the Philippi
Communications Systems in Philippi, West Virginia and
observed the following violation:
47 C.F.R. § 76.605(a)(12): Signal leakage from cable
systems shall be limited to 20 micro-volts/meter
measured at 3 meters in the frequency band of 54 to 216
MHz. The agents measured leakage on 127.2625 MHz in
excess of the limits as follows:
Location Signal Level
(mv/m)
Pole #652 at Walnut and Gall
St. 54
Pole #194 Next to Box 16, Rt.
4 on Route 250 152
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Philippi Communications 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
company 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
Columbia Office
9200 Farm House Lane
Columbia, MD 21046
4. This Notice shall be sent to the Philippi
Communications Systems, 108 North Main Street, Philippi, WV
26416.
5. 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
COMMISSION
Charles C. Magin
District Director,
Columbia 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.