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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cable Montana LLC ) File No. EB-04-ST-
182
Physical ID Nos. 000024, 000139, 007221 )
Laurel, Big Timber, and Columbus, Montana ) NOV No.
V20053298001
)
)
NOTICE OF VIOLATION
Released: November
16, 2004
By the District Director, Seattle Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Cable Montana, LLC, operator of the cable television system
serving Laurel, Columbus and Big Timber, Montana.
2. On May 16, 17 and 19, 2004, an agent of the
Commission's Seattle Office inspected Cable Montana's cable
television system serving Laurel, Columbus and Big Timber,
Montana, and observed the following violations:
2.a. 47 C.F.R. § 76.605(a)(12): ``As an exception to
the general provisions requiring measurements to
be made at subscriber terminals, and without
regard to the type of signals carriers by the
cable television system, signal leakage shall be
measured in accordance with the procedures
outlined in 76.609(h) and shall be limited as
follows: Over 54 MHz up to and including 216 MHz
- 20 micro-volts per meter, measured at 3
meters.'' On May 16 and 19, 2004, the agent
observed the following signal leakage on the
frequency of 121.2625 MHz:
1. Pole I-43 (Columbus)
140 µV/m
2. Pole I-47 (Columbus) 110
µV/m
3. Pole A1-6 (Columbus) 145
µV/m
4. 711 Busha St. (Big Timber)
80 µV/m
5. 610 Everett St. (Big Timber)
80 µV/m
6. 108 8th Ave. (Big Timber)
64 µV/m
7. 20 2nd Ave. (Big Timber)
67 µV/m
8. In the Alley behind 520 E. 5th St. (Big
Timber) 95 µV/m
b. 47 C.F.R. § 76.1704(a): ``The proof of performance
tests required by § 76.601 shall be maintained on
file at the operator's local business office for
at least five years. The test data shall be made
available for inspection by the Commission or the
local franchiser, upon request.'' In Laurel,
Montana, on May 17, 2004, the agent found that the
last available proof of performance data was dated
July 11, 2002.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Cable Montana 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 actions taken to
correct each violation and preclude recurrence, and should
include a time line for completion of pending corrective
actions. The response must be complete in itself and signed
by a principal or officer of the licensee. 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
Seattle Office
11410 NE 122nd Way, Suite 312
Kirkland, WA 98034
4. This Notice shall be sent Certified Mail/Return Receipt
Request and regular mail to Attention: Doug Lane, Cable
Montana, LLC, P.O. Box 427, Laurel, Montana 59044.
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
Dennis J. Anderson
District Director
Seattle 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.