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

In the Matter of                )
Cable America Corporation       )            File  No.  EB-05-SD-
Physical System ID # 012238     )            NOV              No.  
Mesa, Arizona                   )

                       NOTICE OF VIOLATION

                                             Released:  August 
25, 2005

By the District Director, San Diego 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 
     Cable America Corporation ("CAC"), operator of a cable 
     system in Mesa, Arizona.

  2.      On May 13, 2005, an agent from the Commission's San 
     Diego Office inspected CAC's cable television system located 
     in Mesa, Arizona and observed the following violation:

  2.a.      47 C.F.R.  11.61(a):  Emergency alert system 
            (``EAS'') ``[t]ests shall be made at regular 
            intervals . . . [including] Required Monthly 
            Tests of the EAS header codes, Attention 
            Signal, Test Script and End of Message code.''  
            At the time of inspection, the cable system had 
            records of only seven Required Monthly Test 
            transmissions since January 2004. 

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as amended,2 and Section 1.89 of the Commission's 
     Rules, CAC 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 CAC.  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
               San Diego Office
               4542 Ruffner Street, Suite 370
               San Diego, California  92111

  4.      This Notice shall be sent by Certified Mail/Return 
     Receipt Requested and regular mail to Cable America 
     Corporation 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 

                                William R. Zears, Jr.
                                District Director
                                San Diego Office
                                Western Region
                                Enforcement Bureau

1 47 C.F.R.  1.89.
2 47 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.