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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Bud-Alpoca Cable Club, Inc. ) File No. EB-05-CF-
267
)
Bud, West Virginia ) NOV No. V20053234009
)
NOTICE OF VIOLATION
Released: August 30,
2005
By the Columbia Office, Northeast Region, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Federal Communications
Commission's Rules (``the Rules''),1 to Bud-Alpoca Cable
Club, Inc. (``Bud-Alpoca''), operator of a cable television
system serving Bud and Alpoca, West Virginia.
2. On August 3, 2005, an agent from the Commission's
Columbia Office inspected the cable systems located in Bud,
West Virginia and observed the following violations:
a) Section 76.605(a)(12) of the Rules requires that
cable operators maintain their cable system signal
leakage below 20 µV/m when operating in the frequency
band between 54 MHz and 216 MHz. 2 The Columbia
Office agent measured signal leakages in excess of 20
µV/m at the following locations:
Date Fre- Signal Location
quency Level
(MHz) (µV/m)
8/3/2- 127.2- 477 At the SW corner of County Road 10/26
005 50 (GPS Coordinates: 37º31.88'N X
81º22.76'W)
8/3/2- 127.2- 220 In front the first house on Rt. 10,
005 50 north of Herndon School (GPS
Coordinates: 37º31.58'N X 81º22.36'W)
b) Section 76.612(a)(1) of the Rules requires that
cable television systems that operate in the
aeronautical radio communication bands 118-137, 225-
328.6 and 335.4-400 MHz shall offset their
frequencies by 12.5 KHz. The agent from the
Columbia Office observed a cable TV signal on 127.250
MHz with no offset.
3. Pursuant to Section 403 of the Communications Act of
1934, as amended,3 and Section 1.89 of the Commission's
Rules, Bud-Alpoca 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 Bud-Alpoca. 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
Columbia Office
9200 Farm House Lane
Columbia, MD 21046
4. This Notice shall be sent to Bud-Alpoca at its address
of record.
5. The Privacy Act of 19744 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.5
FEDERAL COMMUNICATIONS
COMMISSION
Charles C. Magin
District Director
Columbia Office
Northeast Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
2
247 C.F.R. § 76.605(a)(12).
347 U.S.C. § 403.
4 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
5 18 U.S.C. § 1001 et seq.