Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Friendship Cable of Texas, Inc. ) File No. EB-04-HU-
020
Operator of Cable Television System )
Porter, Texas ) NOV No.
V20043254001
NOTICE OF VIOLATION
Released: September
20, 2004
By the Resident Agent, Houston Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Friendship Cable of Texas, Inc. operator of a cable
television system in Porter, Texas.
2. On August 16, 2004, the Commission received a Basic
Leakage Performance Report, Form 320, signed on June 29,
2004. Report revealed violations of the commission's Rules
in the following manner:
2.a. 47 C.F.R. § 76.605(a)(12): As an exception to
the general provision requiring measurements to
be made at subscriber terminals, and without
regard to the type of signals carriers by the
cable television system, signal leakage from a
cable television system shall be measured in
accordance with the procedures outlined in
§76.609(h) and shall be limited as follows:
Over 54 MHz, and less than and including 216
MHz - 20 micro-volts per meter measured at 3
meters.
The report received identified seventeen leaks
observed on May 10, 2004 grossly exceeding the
20 microvolt per meter limit. The report
further indicates the leaks were not repaired
until sometime after the signing of the report
on June 29, 2004. Additionally, an agent from
the Commission's Houston Office inspected the
cable television system in Porter on September
8, 2004. At the time of inspection signal
leakage was observed on the frequency of
121.2625 MHz as follows:
92 µV/m Corner of Woody and
Meadow Lanes
212 Off of Cunningham
µV/m Drive at the VFW Hall
building
377 Corner of Yupon and
µV/m Virginia Lanes
2.b. 47 C.F.R. § 76.611(a): States in part, no cable
television system shall commence or provide
service in the frequency bands 108-137 and 225-
400 MHz unless such systems are in compliance
with one of the following cable television
basic performance criteria: (1) prior to
carriage of signals in the aeronautical bands
and at least once each calendar year, with no
more than 12 months between successive tests
thereafter, the system operator demonstrates
compliance with a cumulative leakage index
calculation of less that 64; or (2)
demonstrates by measurement in the airspace
that at no point does the field strength
generated by the cable television system exceed
10 microvolts per meter RMS at an altitude of
450 meters above average terrain of the cable
system.
The Basic Leakage Performance Report filed with
the Commission states that measurements
conducted on May 10, 2004 on your Porter cable
television system results in this system having
a CLI calculation greater than 64, and the
report does not indicate corrective actions
were taken at that time.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Friendship Cable of Texas, Inc. must submit a written
statement concerning this matter within 30 days of release
of this Notice. You must submit leakage repair logs
sufficient to show that you have repaired the leaks
identified in your Form 320 and the date of each repair. You
must also complete a new CLI test and submit the results.
Form 320 may be used for this purpose. 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
Houston Office
9597 Jones Road, #362
Houston, Texas 77065
4. This Notice shall be sent to Friendship Cable of Texas,
Inc., P. O. Box 9200, Tyler, Texas, 75711.
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
Stephen P. Lee
Resident Agent
Houston 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.