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.