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


Certified Mail # 7001 0320 0004 8142 7647
Return Receipt Requested

In the Matter of                )
                                )
Midcontinent Communications     )            File  No.  EB-05-DV-
366
                                )
Physical System ID # 005186     )            NOV              No.  
V20053280019
Colome, South Dakota            )
                                
                                

 
                       NOTICE OF VIOLATION

                                             
                                             Released:  September 
29, 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 
     Midcontinent Communications ("Midcontinent"), operator of a 
     cable system in Colome, South Dakota.

  2.      On August 4, 2005, an agent of the Commission's Denver 
     Office inspected Midcontinent's cable television system 
     located at Colome, 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 
          locations: 

          1)  In alley next to 109 W. Sixth Street     68 
          µV/m
          2)  In alley back of 201 W. Third Street     
          81µV/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, Midcontinent 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 Midcontinent.  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 Midcontinent 
     Communications 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.