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


In the Matter of                )
                                )
Upper Peninsula Communications, Inc.         )    File No. EB-05-
DT-554
Cable TV System Operator        )
Community Unit MI1350           )
Detour, Michigan                )            NOV              No.  
V20063236007
                                )
                                )


                       NOTICE OF VIOLATION

                                             
                                             Released: November 
3, 2005

By the Detroit Office, Northeast Region, Enforcement Bureau:

  1.      This is a Notice of Violation ("Notice") issued 
     pursuant to Section 1.89 of the Commission's Rules (``the 
     Rules''),1 to Upper Peninsula Communications Inc., operator 
     of Cable TV System MI1350 (PSID 012485) serving Detour, 
     Michigan.

  2.      On September 27, 2005, an agent from the Commission's 
     Detroit Office inspected the cable system located in Detour, 
     Michigan and observed the following violations:

     Section 76.605(a) (12) of the Rules requires that cable 
operators maintain their cable system signal leakage below 
20 microvolts per meter (µV/m) measured at 3 meters when 
operating in the frequency band between 54 MHz and 216 MHz.  
See 47 C.F.R. § 76.605(a)(12).  The agent measured signal 
leakage in excess of 20 µV/m at the following locations:  

  Date    Fre-     Signal                  Location
         quency    Level 
          (MHz)    (µV/m)
 9/27/-  121.2-     275    Near  pole  DT1  37B  in front  of  523 
  2005   625               Ontario Street.
9/27/-   121.2-      91    Near  green cable  box in  alley behind 
2005     625               114 Erie Street.
 9/27/-  121.2-     111    Near  green cable  box in  alley behind 
  2005   625               Fishers   Fine  Food  Restaurant.   The 
                           restaurant    is   located   near   the 
                           intersection of  Ontario Street and St. 
                           Marys Street.

     

  3.      Pursuant to Section 403 of the Communications Act of 
     1934, as amended,2 and Section 1.89 of the Commission's 
     Rules, Upper Peninsula Communications, Inc. 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 Upper Peninsula Communications, Inc.  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
                 Detroit Office
                 24897 Hathaway Street
                 Farmington Hills, Michigan 48335 

  4.      This Notice shall be sent to Upper Peninsula 
     Communications, 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 
COMMISSION


                                James Bridgewater
                                District Director
                                Detroit Office
                                Northeast Region
                                Enforcement Bureau

_________________________

147 C.F.R. § 1.89.

247 U.S.C. § 403.

3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).

4 18 U.S.C. § 1001 et seq.