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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
El-Mar Communications ) File No. EB-07-BF-001
)
Bolivar, New York ) NOV No. V20073228003
NOTICE OF VIOLATION
Released: January 26, 2007
By the Resident Agent, Buffalo Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to El-Mar Communications (El-Mar),
operator of cable systems serving Ashford Hollow, New York.
2. On January 11, 2007 an agent of the Commission's Buffalo Office
conducted an inspection of El-Mar's cable systems located in Ashford
Hollow, New York, and observed the following violation:
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
measured signal leakage in excess of 20 mV/m on the frequency of 133.2625
MHz at the following location:
Frequency Signal Strength
Date Location
(MHz) (uV/m)
Route 219, pole in front of
1/11/07 133.2625 320 Ashford Hollow Fire Station.
Coordinates: 42 24 08N, 078 41
02W
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, El-Mar 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
El-Mar. 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
6400 Sheridan Drive
Suite 140
Williamsville, New York 14221
4. This Notice shall be sent to El-Mar 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
David A. Viglione
Resident Agent
Buffalo Office
Northeast 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