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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.