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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Eagle West Communications, Inc. ) File No. EB-06-SF-130
)
Physical System ID # 000388 )
Tonopah, NV ) NOV No. V20063296005
)
NOTICE OF VIOLATION
Released: July 13, 2006
By the District Director, San Francisco 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 Eagle West Communications, Inc.,
operator of the cable system in Tonopah, Nevada.
2. On June 14, 2006, agents of the Enforcement Bureau's San Francisco
Office inspected the cable system located at Tonopah, Nevada and
observed the following violation:
a. 47 C.F.R. S 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 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. 440 Valley View - Pole t166 87 uV/m
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Eagle West Communications
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 taken to
correct each violation and preclude recurrence, and should include a
time line for completion of pending corrective actions. The response
must be complete in itself and signed by a principal or officer of
Eagle West 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
San Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94588
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Eagle West Communications, 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
Thomas N. VanStavern
District Director
San Francisco District Office
Western Region
Enforcement Bureau
cc: Eagle West Communications, Inc.
Attn: John Harness
291 St. Patrick
Tonopah, NV 89049
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