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

Certified Mail # 7001 0320 0004 8142 7685
Return Receipt Requested

In the Matter of                )
Galaxy Cable, Inc.              )            File  No.  EB-05-DV-
Physical System ID # 009761     )            NOV              No.  
Newell, South Dakota            )

                       NOTICE OF VIOLATION

                                             Released:  August 
31, 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 Cable, Inc. ("Galaxy"), operator of a cable system in 
     Newell, South Dakota.

  2.      On August 2, 2005, an agent of the Commission's Denver 
     Office inspected Galaxy's cable television system located at 
     Newell, South Dakota, 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 signal leakage on 
          the frequency of 121.2625 MHz at the following 

          1)  In alley next to 317 8th Street.          54 
          2)  In alley next to 320 4th Street         187 

  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 Galaxy.  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 Cable, 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 

                                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.