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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Bresnan Communications, LLC ) File No. EB-07-DV-018
Physical System ID # 003372 )
Grand Junction, Colorado ) NOV No. V20073280015
)
NOTICE OF VIOLATION
Released: February 14, 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 Bresnan Communications, LLC
("Bresnan"), operator of a cable system in Grand Junction, Colorado.
2. On January 4 and 5, 2007, agents of the Enforcement Bureau's Denver
Office inspected the Bresnan cable system located at Grand Junction,
Colorado, and observed the following violations:
a. 47 C.F.R. S 11.52(d): "Broadcast stations and cable systems and
wireless cable systems must monitor two EAS sources. The monitoring
assignments of each broadcast station and cable system and wireless
cable system are specified in the State EAS Plan and FCC Mapbook." At
the time of inspection, Bresnan was monitoring only one of its
assigned EAS sources.
b. 47 C.F.R. S 11.61(a)(1)(v): "Required Monthly Tests of the EAS header
codes, Attention Signal, Test Script and EOM code...must be
transmitted within 60 minutes of receipt by broadcast stations and
cable systems and wireless cable systems in an EAS Local Area or
State." At the time of the inspection, Bresnan's logs did not show
any entries of the required monthly test (RMT) being received or sent
for December 2006.
c. 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 locations:
1) Pole to South of 321 27 . Road 60 uV/m
2) Crystal Brook Townhomes, Building 1781, Apartment F 101 uV/m
3) Linden Pointe Apartments, 1925 David Street, Pole 5467 64 uV/m
4) Pole in front of Western Colorado Math and Science Center
New Emerson School on Unaweep Avenue 367 uV/m
5) Cable behind 319 Pitkin Avenue 330 uV/m
6) Pole to right side of 2928 Wellington Avenue 108 uV/m
7) 2813 Village Park Drive 64 uV/m
8) In front of 2624 Hawthorne Avenue 55 uV/m
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Bresnan 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 Bresnan.
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 Bresnan Communications, LLC, 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