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


In the Matter of                 )
                                 )
Galaxy Cablevision               )         File No. EB-05-
KC-022
Operator of Cable Television System        )
Physical System ID # 014619      )         NOV           No.  
V20053256004
Hope, Kansas                     )
                                 

                     NOTICE OF VIOLATION

                                     Released: April 7, 2005

By the District Director, Kansas City 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 
     Galaxy Cablevision, operator of a cable television 
     system serving Hope, Kansas.

   2.     On March 16, 2005, an agent of the Commission's 
     Kansas City Office inspected the cable television 
     system located in Hope, Kansas, and observed the 
     following violations:

        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 from the 
                  apparent source in the frequency band 
                  between 54 MHz and 216 MHz.  Signal 
                  leakage in excess of 20 µV/m was 
                  measured on 139.2605 MHz at the 
                  following locations. 

             Signal Level   Location
             (µV/m)
             1318           Pole at corner of Hope Avenue 
                            and Park Street
             1273           Pole South of corner of 
                            Sherman Street and Park 
                            Street
             407            Pole on corner of Poplar 
                            Street and Broadway
             1396           Pole in front of 322 Broadway
             575            Pole number TS199753 just 
                            East of 322 Broadway
             229            Pole at East 4th Avenue and 
                            North Poplar Street



        2.b.      47 C.F.R. § 76.612(a)(1): ``All cable 
                  television systems which operate in 
                  the frequency bands 108-137 and 225-
                  400 MHz ....must operate at 
                  frequencies offset from certain 
                  frequencies which may be used by 
                  aeronautical radio services.  All 
                  such cable carriers or signal 
                  components shall be offset by 12.5 
                  kHz with a frequency tolerance of ±5 
                  kHz.''  Galaxy Cablevision channel 16 
                  (C) was not properly offset and 
                  continuously varied in frequency from 
                  133.20 MHz to 133.27 MHz. 


   3.     Pursuant to Section 308(b) of the Communications 
     Act of 1934, as amended,2 and Section 1.89 of the 
     Commission's Rules, Galaxy Cablevision, 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 an officer of Galaxy Cablevision.  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
                  Kansas City Office
                  520 NE Colbern Road
                  Second Floor
                  Lee's Summit, MO. 64086-4711


   4.     This Notice shall be sent to Galaxy Cablevision 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




                            Robert C. McKinney
                            District Director
                            Kansas City 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.