Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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


Certified Mail # 7001 0320 0004 8142 7807
Return Receipt Requested

In the Matter of                )
                                )
Galaxy American Communications, Inc.         )    File No. EB-05-
DV-212
                                )
Physical System ID # 014511     )            NOV              No.  
V20053280007
Aguilar, Colorado               )
                                
                                

 
                       NOTICE OF VIOLATION

                                             
                                             Released:  June 28, 
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 
     Galaxy American Communications, Inc., ("Galaxy"), operator 
     of a cable system in Aguilar, Colorado.

  2.      On May 24, 2005, an agent of the Commission's Denver 
     Office inspected Galaxy's cable television system located at 
     Aguilar, Colorado, and observed the following violation:

      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 along Linden Street near Elm St. and Las 
          Animas Ave.                                 267 
          µV/m
          



  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 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 Galaxy American 
     Communications, 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




                                Nikki P. Shears
                                District Director
                                Denver Office
                                Western 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.