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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                           )                                
     In the Matter of                                                       
                                           )                                
     Champion Broadband Colorado, LLC                                       
                                           )     File Number: EB-06-DV-093  
     Operator of Cable Television System                                    
                                           )   NAL/Acct. No.: 200632800002  
     Community Unit ID: CO0245                                              
                                           )              FRN:  0011332871  
     Physical System ID: 008880                                             
                                           )                                
     Holly, CO                                                              
                                           )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                 Released: September 28, 2006

   By the District Director, Denver Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Champion Broadband Colorado, LLC ("Champion"), operator of a
       cable television system in Holly, Colorado, apparently willfully and
       repeatedly violated Section 76.605(a)(12) of the Commission's Rules
       ("Rules") by operating its cable system in violation of cable signal
       leakage standards. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Champion is
       apparently liable for a forfeiture in the amount of eight thousand
       dollars ($8,000).

   II. BACKGROUND

    2. On March 28, 2006, an agent of the Enforcement Bureau's Denver Office
       conducted cable television signal leakage measurements of Champion's
       cable television system serving Holly, Colorado. The agent identified
       and measured four leaks on aeronautical frequency 121.2625 MHz. The
       leaks ranged in signal strength from 385 uV/m to 1,428 uV/m. (See
       Attachment A). Section 76.605(a)(12) of the Rules limits basic signal
       leakage in the frequency band from 54 MHz up to and including 216 MHz
       to 20 uV/m at a distance of 3 meters at any point in the system.
       Because Champion was operating on aeronautical frequencies, the system
       also was subject to the requirement in Section 76.611(a)(1) of the
       Rules that it conduct measurements annually to ensure that the
       totality of the system's leaks does not exceed a Cumulative Leakage
       Index ("CLI") value of 64. The agent determined that the calculated
       value of the CLI for all four leaks combined was 64.8. The agent then
       contacted Champion's Director of Operations, at 4:45 p.m. MST, March
       28, 2006, and informed him that the Holly, Colorado, cable system
       exceeded the CLI limit. Because of the potential hazard to public
       safety caused by the leaks, the Denver agent instructed Champion to
       either cease operations or reduce power on the aeronautical
       frequencies until the leaks could be repaired. Champion stated that a
       repair technician would be dispatched on March 29, 2006, from Eads,
       Colorado. Eads is approximately 63 miles from Holly, Colorado.

    3. On March 29, 2006, the Denver agent again made measurements at the
       same four locations where cable signal leaks were discovered the day
       before. The agent identified and measured four leaks on aeronautical
       frequency 121.2625 MHz. On this day, the leaks ranged in signal
       strength from 330 uV/m to 1,878 uV/m. The agent determined that the
       calculated value of the CLI for all four leaks combined was 67.2.
       Later that day, Champion shut down all aeronautical channels on its
       Holly, Colorado system, in response to the verbal notice given the day
       before to bring the system into compliance. The Denver Office then
       sent a written Order to Cease Operations  ("Shut-Down Order") to
       Champion's corporate headquarters, via fax and regular mail.  After
       Champion made repairs to the system, the Denver agent re-inspected the
       system,  on March 29, 2006, and found the cable system in compliance
       with CLI. After the FCC re-inspection on March 29, 2006, Champion
       returned their aeronautical channels to operation.

   III. DISCUSSION

    4. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    5. The Commission established cable signal leakage rules to ensure that
       emissions from cable systems do not cause harmful interference.  In
       this regard, the Commission established basic signal leakage standards
       in Section 76.605(a)(12) of the Rules, which limit the amount of
       signal leakage that is permitted at any given point in the cable
       system.   Specifically, leakage at any given point must not exceed 20
       microvolts per meter (uV/m) at a distance of 3 meters.  The Commission
       also recognized that it was particularly important to protect
       aeronautical frequencies from harmful interference. The Commission
       therefore adopted Section 76.611(a)(1) of the Rules, which sets a CLI
       that must be met before a cable system may operate on aeronautical
       frequencies.  Because of potentially hazardous interference to air
       navigation and other authorized safety services caused by excessive
       cable signal leakage, a cable system`s CLI must not exceed 64 if the
       system is to operate on aeronautical frequencies.

    6. Champion was made aware of the cable signal leakage, in excess of the
       permitted CLI, on aeronautical frequency 121.2625 MHz at its Holly,
       Colorado, system on March 28, 2006, but Champion did not repair or
       cease operations on that system's aeronautical channels until March
       29, 2006, despite a warning from a Denver agent. Therefore, Champion's
       violation was willful. The violation occurred on more than one day,
       therefore, it was repeated. Based on the evidence before us, we find
       that on March 28 and 29, 2006, Champion  apparently willfully and
       repeatedly violated Section 76.605(a)(12) of the Rules by operating
       its cable system in violation of signal leakage standards.

    7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for violation of rules relating to distress and
       safety frequencies is $8,000. In assessing the monetary forfeiture
       amount, we must also take into account the statutory factors set forth
       in Section 503(b)(2)(D) of the Act, which include the nature,
       circumstances, extent, and gravity of the violations, and with respect
       to the violator, the degree of culpability, and history of prior
       offenses, ability to pay, and other such matters as justice may
       require. Applying the Forfeiture Policy Statement,

   Section 1.80, and the statutory factors to the instant case, we conclude
   that Champion is apparently liable for an eight thousand dollar ($8,000)
   forfeiture.

   IV. ORDERING CLAUSES

    8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Champion Broadband Colorado,
       LLC  is hereby NOTIFIED of this APPARENT LIABILITY FOR A

   FORFEITURE in the amount of eight  thousand dollars ($8,000) for
   violations of Section 76.605(a)(12) of the Rules.

    9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Champion Broadband
       Colorado, LLC  SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   10. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.
       Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500
       Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire
       transfer may be made to ABA Number 043000261, receiving bank Mellon
       Bank, and account number 911-6106.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Denver Office, 215 S.
       Wadsworth Blvd., Suite 303, Lakewood, CO 80226 and must include the
       NAL/Acct. No. referenced in the caption.

   12. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   13. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Champion Broadband Colorado, LLC  at
       its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Nikki P. Shears

   District Director

   Denver  Office

   Western Region

   Enforcement Bureau

   ATTACHMENT A

   Field strength measurements of Champion Broadband Colorado, LLC (PSID:
   008880)

   MEASUREMENT DATE: March 28, 2006 FREQUENCY: 121.2625 MHz


                                                       Signal Leakage Field  
         Measurement Location                          Strength, (uV/m @ 3   
                                                       meters)               

         Pole across from Leiker Mercantile Building                         
     1   near the intersection of South 3rd and East           1438          
         Sante Fe Streets                                                    

         Pole across from Leon's Repair near the                             
     2   intersection of South 5th and West Sante Fe           548           
         Streets                                                             

     3   Pole in back of 109 Highlander Drive                  727           

     4   Pole in alley back of 217 North 7^th Street           385           


   MEASUREMENT DATE: March 29, 2006 FREQUENCY: 121.2625 MHz


                                                       Signal Leakage Field  
         Measurement Location                          Strength, (uV/m @ 3   
                                                       meters)               

         Pole across from Leiker Mercantile Building                         
     1   near the intersection of South 3rd and East           1878          
         Sante Fe Streets                                                    

         Pole across from Leon's Repair near the                             
     2   intersection of South 5th and West Sante Fe           637           
         Streets                                                             

     3   Pole in back of 109 Highlander Drive                  1084          

     4   Pole in alley back of 217 North 7^th Street           330           


   47 C.F.R. S 76.605(a)(12).

   47 U.S.C. S 503(b).

   47 C.F.R. S 76.605(a)(12).

   47 C.F.R. S 76.611(a)(1).

   The Shut-Down Order required Champion to suspend operation of the entire
   cable plant in the "critical bands" (108 - 137 MHz and 225 - 400 MHz) in
   order to eliminate potentially hazardous interference to air navigation
   and other authorized safety services. The Shut-Down Order also required
   Champion to submit a complete report to the Denver Office outlining its
   efforts to eliminate all leaks in excess of 20 microvolts per meter. The
   report was to include the location of all leaks, along with their measured
   value in microvolts per meter at three meters, both before and after the
   repair.

   In response to the Shut-Down Order, Champion sent the Denver Office a fax
   of the leakage log dated March 29, 2006, but failed to fully respond to
   the Shut-Down Order's requirements. On April 4, 2006, Champion was
   contacted by the Denver Office on this matter and was requested to
   completely respond to the Shut-Down Order and all of its requirements
   before the Denver Office would issue a Removal of the Order to Cease
   Operations. On April 4, 2006, Champion filed a written response to the
   Shut-Down Order which revealed no monitoring reports had been filed with
   the FCC, and on April 12, 2006, the Denver Officer sent Champion a written
   Removal of Order to Cease Operations.

   Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'repeated', when used with reference to the
   commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   Memorandum Opinion and Order, Amendment of Part 76 of the Commission's
   Rules to Add Frequency Channelling Requirements and restrictions and to
   require Monitoring for Signal Leakage from Cable Television Systems,
   Docket No. 21006, 101 FCC 2d 117, para. 14 (1985).

   47 C.F.R. S76.605(a)(12).

   The aeronautical bands are 108-137 MHz and 225-400 MHz. These frequencies
   encompass both radionavigation frequencies, 108-118 MHz and 328.6-335.4
   MHz, and communications frequencies, 118-137 MHz, 225-328.6 MHz and
   335.4-400 MHz. Deserving particular protection are the international
   distress and calling frequencies 121.5 MHz, 156.8 MHz, and 243 MHz. See 47
   C.F.R. S76.616. These frequencies are critical for Search and Rescue
   Operations including use by Emergency Locator Transmitters on planes and
   Emergency Position Indicating Radio Beacons on boats. See generally 47
   C.F.R. Part 80, Subpart V and 47 C.F.R. SS 87.193-87.199.

   Section 76.613(a) states that "[h]armful interference is any emission,
   radiation or induction which endangers the functioning of a
   radionavigation service or of other safety services or seriously degrades,
   obstructs or repeatedly interrupts a radiocommunication service operating
   in accordance with this chapter." See 47 C.F.R. SS2.1 & 76.613(a).

   47 C.F.R. S76.611(a)(1).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

   47 U.S.C. S 503(b)(2)(D).

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 76.605(a)(12).

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

   Federal Communications Commission

                                       5

   Federal Communications Commission