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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )
                                )
Bailey Cable TV, Inc.           )            File No. EB-04-OR-
171                             
Operator of Cable Television System          )
Community Unit MS0513           )
Magee, Mississippi              )            NOV              No.  
V20053262002
                                

                       NOTICE OF VIOLATION

                                             Released:  November 
16, 2004

By the District Director, New Orleans Office, Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to  Section 1.89  of  the Commission's  Rules,1  to 
     Bailey Cable TV, Inc.,  operator of cable television  system 
     (PSID 016646) serving Magee, Mississippi.

  2.      On November  4, 2004,  agents of  the Commission's  New 
     Orleans Office  inspected  the cable  television  system  in 
     Magee, Mississippi, and observed the following violation:

  2.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  µV/m measured  at  3  meters  in  the 
            frequency  band  between 54  MHz  and  216  MHz.  
            Signal  leakage  in   excess  of  20  µV/m   was 
            measured  on  133.2625  MHz  at  the   following 
            location(s):

             Signal         Location
             Level
             882 µV/m       Pole on  corner of  1st 
                            St. SW and 4th Ave. SW  
             151 µV/m       Pole  across street  on 
                            5th  St.  SW  and   3rd 
                            Ave. SW 
             102 µV/m       3rd  Pole  on  Hwy  149 
                            from   Hwy   49   (Pole 
                            1034) 


  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, Bailey Cable TV, Inc. must submit a written statement 
     concerning this matter within twenty (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
                     New Orleans Office
                     2424 Edenborn Ave, Suite 460
                     Metairie, LA 70001 
                                      
  4.      This Notice shall be sent to Bailey Cable TV, Inc., 807 
     Church Street, Port Gibson, MS 39150.

  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






                                    James C. Hawkins
                                District Director
                                New Orleans 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.