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


In the Matter of                )
                                )
El-Mar Communications Co..      )            File  No.  EB-05-BF-
002
                                )
Bolivar, New York               )            NOV              No.  
V20053228007
                                )
                                )
                                )


                       NOTICE OF VIOLATION

                                             
                                             Released: January 
18, 2005

By the Resident Agent, Buffalo Office, Northeast Region, 
Enforcement Bureau:

  1.      This is a Notice of Violation ("Notice") issued 
     pursuant to Section 1.89 of the Commission's Rules (the 
     ``Rules''),1 to El-Mar Communications Co., operator of a 
     cable system serving Ashford, New York.

  2.      On January 13, 2005, an agent of the Commission's 
     Buffalo Office inspected the cable system located at 
     Ashford, New York, and observed the following violation:

       Section 76.605(a)(12) of the Rules requires that 
       cable operators maintain their cable system signal 
       leakage below 20 µV/m when operating in the 
       frequency band between 54 MHz and 216 MHz.  47 
       C.F.R. § 76.605(a)(12).  Signal leakage in excess of 
       20 µV/m was measured at the following location:  


 Date    Fre-      Signal                 Location
        quency    Strength
         (MHz)     (µV/m)
1/13/-  133.2-  310          9185  Ahrens Road  , Ashford,  New 
05      625                  York

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as amended,2 and Section 1.89 of the Commission's 
     Rules, El-Mar Communications Co., 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 El-Mar 
     Communications Co.  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
                 Buffalo Office
                 1307 Federal Building
                 Buffalo, New York 14202


  4.      This Notice shall be sent to El-Mar Communications Co., 
     82 Boss Street, Bolivar, New York 14715.

  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




                                David A. Viglione
                                Resident Agent
                                Buffalo Office
                                Northeast Region
                                Enforcement Bureau



_________________________

147 C.F.R. § 1.89.

247 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.