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Before the
Federal Communications Commission
Washington, D.C. 20554
Certified Mail # 700l 0320 0004 8142 7883
Return Receipt Requested
In the Matter of )
)
US Cable of Coastal - Texas L.P.) File No. EB-05-DV-
145
)
Physical System ID # 010624 ) NOV No.
V20053280004
Arvada, Colorado )
NOTICE OF VIOLATION
Released: May 26,
2005
By the District Director, Denver 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 US
Cable of Coastal - Texas L.P. ("US Cable"), operator of a
cable system in Arvada, Colorado.
2. On February 10, 2005, an agent of the Commission's
Denver Office inspected US Cable's cable television system
located at Arvada, Colorado, and observed the following
violations:
a. 47 C.F.R. § 76.605(a)(12): "As an exception to the
general provision requiring measurements to be
made at subscriber terminals, and without regard
to the type of signals carried by the cable
television system, signal leakage from a cable
television system 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." At the time of the
inspection, the agent observed the following
signal leakage on the frequency of 121.2625 MHz:
Pole near 5380 Easley Rd. and 53rd Street 91.6
µV/m
b. 47 C.F.R. § 76.612: "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 operated by Commission
licensees or by the United States Government." At
the time of the inspection, US Cable channel 47
(KK) was not properly offset and the video carrier
frequency was measured as 361.25371 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, US Cable 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 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
Denver Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
4. This Notice shall be sent by Certified Mail/Return
Receipt Requested and regular mail to US Cable of Coastal -
Texas L.P., 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
Nikki P. Shears
District Director
Denver Office
Western 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.