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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Ripley Video Cable, Inc. ) File No. EB-05-
OR-031
Operator of Cable Television System )
Physical System ID # 001157 ) NOV No.
V20053262006
Ripley, Mississippi )
NOTICE OF VIOLATION
Released: March 17, 2005
By the District Director, New Orleans Office, South Central
Region, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Ripley Video Cable, Inc., operator of cable television
system serving Ripley, Mississippi.
2. On March 4, 2005, an agent of the Commission's New
Orleans Office inspected the cable television system
located in Ripley, Mississippi, and observed the
following violations:
a. 47 C.F.R. § 17.4(a): ``Effective July
1, 1996, the owner of any
proposed or existing
antenna structure that requires
notice of proposed construction to
the Federal Aviation Administration
must register the structure with the
Commission. This includes those
structures used as part of stations
licensed by the Commission for the
transmission of radio energy, or to
be used as part of a cable television
head end system.'' Paragraph (2) of
this section states that ``For an
existing antenna structure that had
been assigned painting or lighting
requirements prior to July 1, 1996,
the owner must register the structure
prior to July 1, 1998.'' At the time
of inspection, the antenna structure
registration number was not posted at
the cable head end site located at
725 South Line Street, Ripley,
Mississippi at or near the
geographical coordinates of 34° 43'
15'' north latitude and 88° 57' 20''
west longitude, nor was there a
record of the tower being registered
in the FCC database.
b. 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 locations.
Signal Location
Level
(µV/m)
28 Pole to right of 115 West Palmer Street
(Blue Mountain)
33 Pole across street from 105 South 1st
Street
53 Pole next to office at Pine Valley
Apartments on Martindale Lane
74 Pole on corner of Jackson Street and
West Pine Street
212 Pole on left side of 1230 North Main
Street
3. Pursuant to Section 308(b) of the Communications
Act of 1934, as amended,2 and Section 1.89 of the
Commission's Rules, Ripley Video Cable, 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. 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 Avenue, Suite 460
Metairie, LA 70001
4. This Notice shall be sent to Ripley Video Cable,
Inc. at its address of record.
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 District Office
South Central Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
247 U.S.C. § 308(b).
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.