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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Get Real Cable, LLC ) File No. EB-05-
DL-038
Operator of Cable Television System )
Physical System ID # 016681 ) NOV No.
V20053250011
Blackwell, Oklahoma )
NOTICE OF VIOLATION
Released: April 19, 2005
By the District Director, Dallas 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
Get Real Cable, LLC., operator of cable television
system serving Blackwell, Oklahoma.
2. On March 4, 2005, an agent of the Commission's
Dallas Office inspected the cable television system
located in Blackwell, Oklahoma, and observed the
following violation:
47 C.F.R. § 11.35(a): ``...cable systems...are
responsible for ensuring that EAS Encoders, EAS
Decoders and Attention Signal generating and
receiving equipment used as part of the EAS are
installed so that the monitoring and
transmitting functions are available during the
times the...systems are in operation.'' At the
time of inspection, Get Real Cable, LLC
personnel stated that the EAS equipment at
their cable headend was damaged by power spikes
during an ice storm and had not been replaced
since failing during May 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, Get Real Cable, LLC., 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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, TX 75243
4. This Notice shall be sent to Get Real Cable, LLC.
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
Jerry M. Montgomery
Acting District Director
Dallas 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.