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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cebridge Connections ) File No. EB-05-
DL-096
Physical System ID # 006136 )
Terrell, Texas ) NOV No.
V20053250013
)
NOTICE OF VIOLATION
Released: August
3, 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 Rules1 to
Cebridge Connections, operator of a cable system
serving Terrell, Texas.
2. On June 27, 2005, an agent of the Commission's
Dallas Office inspected the cable television system
located at Terrell, Texas, and observed the following
violation(s):
2.a. 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 stations and systems are in
operation. Additionally, ... cable systems
...must determine the cause of any failure to
receive the required tests or activations
specified in §§ 11.61(a)(1) and (2).
Appropriate entries must be made in the cable
system record as specified in §§ 76.1700,
76.1708 and 76.1711 of this chapter ...
indicating reasons why any tests were not
received.'' A review of the available EAS logs
from August 30, 2004 through June 28, 2005
revealed that there were missing entries for
received tests. There were numerous weeks
which did not have an entry for a received
test and those weeks which showed a received
test just logged reception of an End of
Message (EOM) without logging the actual
message. There were no appropriate entries in
the available records explaining the missing
log entries.
2.b. 47 C.F.R. § 76.612(a)(1): ``In the
aeronautical radiocommunication bands 118-137,
225-328.6 and 335.4-400 MHz, the frequency of
all carrier signals or signal components
carried at an average power level equal to or
greater than 10-4 watts in a 25 kHz bandwidth
in any 160 microsecond period 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 or its
Agencies. The aeronautical frequencies from
which offsets must be maintained are those
frequencies which are within one of the
aeronautical bands defined in this
subparagraph, and when expressed in MHz and
divided by 0.025 yield an integer. .... All
such cable carriers or signal components shall
be offset by 12.5 kHz with a frequency
tolerance of ±5 kHz...'' On June 27, 2005,
the Video Carrier for cable channel 14 was
measured as 121.250 MHz and was not off-set
from the aeronautical frequency as required.
3. Pursuant to Section 308(b) of the Communications
Act of 1934, as amended,2 and Section 1.89 of the
Commission's Rules, Cebridge Connections, 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 cable operator.
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, #1170
Dallas, Texas 75243
4. This Notice shall be sent to Cebridge Connections
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 D. Wells
District Director
Dallas District Office
South Central Region
Enforcement BureauMailing Address:
Cebridge Connections
16610 N. Dallas Pkwy Ste 2300
Dallas, Texas 75248
_________________________
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.