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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
US Cable of Coastal-Texas LP ) File No. EB-06-DV-451
Physical System ID # 013010 )
Marshdale, Colorado ) NOV No. V20073280009
)
NOTICE OF VIOLATION
Released: January 24, 2007
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 US Cable of Coastal-Texas LP ("US
Cable"), operator of a cable system in Marshdale, Colorado.
2. On November 21, 2006, an agent of the Enforcement Bureau's Denver
Office inspected the US Cable cable system located at Marshdale,
Colorado, and observed the following violation(s):
a. 47 C.F.R. S 11.61(b): "Entries shall be made in...cable system and
wireless cable system records as specified in S 11.54(b)(12)." At the
time of the inspection, while the EAS equipment was found to be
operational, US Cable's 2006 logs contained no entries made of
transmitted or received required monthly tests.
b. 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, agents observed signal leakage on the frequency of
121.2625 MHz at the following location:
1) Grandma's Mountain Home, 650 Hwy 73, Evergreen, CO 287 uV/m
c. 47 C.F.R. S 76.612(a)(1): "All cable television systems which operate
in the frequency bands 108-137 and 225-400 MHz shall comply with the
following frequency separation standards: All such cable carriers or
signal components shall be offset by 12.5 kHz with a frequency
tolerance of +/- 5kHz." At the time of the inspection, US Cable
channel 52 (PP) (391.2625 MHz) was operating outside the allowable
frequency tolerance. The video carrier frequency was measured as
391.24100 MHz.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, US Cable 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 US Cable.
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 US Cable of Coastal-Texas LP 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