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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cable One Inc. ) File No. EB-05-DL-172
Operator of Cable Television System )
Physical System ID 002990 ) NOV No. V20063250007
Elk City et al, Oklahoma )
)
)
NOTICE OF VIOLATION
Released: July 24, 2006
By the District Director, Dallas Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Cable One Inc., operator of a cable
television system serving Clinton, Cordell, Elk City, Hobart, Mangum,
and Sayre, Oklahoma.
2. On June 13 - 15, 2006, an agent of the Commission's Dallas Office of
the Enforcement Bureau inspected your cable television system located
in Clinton, Cordell, Elk City, Hobart, Mangum, and Sayre, Oklahoma,
and observed the following violation(s):
a. 47 C.F.R. S 76.605(a)(12): As an exception to the general provision
requiring measurements 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 S76.609(h) and shall be
limited as follows: Over 54 MHz, and less than and including 216 MHz
- 20 micro-volts per meter measured at 3 meters. At the time of
inspection signal leakage was observed on the frequency 133.2625 MHz
as follows:
Signal Level (uV/m) Location
298 In alley behind 705 West D Ave., Elk City,
Oklahoma
136 In alley behind 810 West D Ave., Elk City,
Oklahoma
b. 47 C.F.R. S 76.612(a)(1): "In the aeronautical radiocommunication
bands 118-137, 225-328.6 and 335.4-400 MHz, the frequency of all
carrier signals or signal components carried at an average power
level equal to or greater than 10^-4 watts in a 25 kHz bandwidth in
any 160 microsecond period must operate at frequencies offset from
certain frequencies which may be used by aeronautical radio services
operated by Commission licensees or by the United States Government
or its Agencies. The aeronautical frequencies from which offsets must
be maintained are those frequencies which are within one of the
aeronautical bands defined in this subparagraph, and when expressed
in MHz and divided by 0.025 yield an integer. .... All such cable
carriers or signal components shall be offset by 12.5 kHz with a
frequency tolerance of +-5 kHz..." On June 15, 2006, the Video
Carrier for cable channel 15 was measured at the head end located in
Elk City, Oklahoma, as 127.250 MHz and was not off-set from the
aeronautical frequency as required.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Cable One 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 the cable operator. 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
Dallas Office
9330 LBJ Fwy, Suite 1170
Dallas, Texas 75243
4. This Notice shall be sent to Cable One Inc. at its address of record,
with a copy to be sent to the system's business office in Elk City,
Oklahoma.
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
James D. Wells
District Director
Dallas District Office
South Central Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 308(b).
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