Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
PrairieWave Telecommunications, Inc. ) File No. EB-06-DV-198
)
Physical System ID # 016759 )
Spearfish, South Dakota ) NOV No. V20063280016
)
)
NOTICE OF VIOLATION
Released: June 22, 2006
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, to PrairieWave Telecommunications,
Inc., operator of a cable system in Spearfish, South Dakota.
2. On May 17, 2006, an agent of the Enforcement Bureau's Denver Office
inspected a cable system located at Spearfish, South Dakota, and
observed the following violation:
a. 47 C.F.R. S 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 S 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 location:
1) On pole near west parking lot of Great Western Goodyear store at 638 E.
Colorado Boulevard 202 uV/m
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Prairiewave
Telecommunications, Inc., 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 PrairieWave Telecommunications,
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
Denver Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to PrairieWave Telecommunications, Inc., at
its address of record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 403.
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission