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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Kentec Communications, Inc. ) File No. EB-06-DV-471
Physical System ID # 015677 )
Merino, Colorado ) NOV No. V20073280024
)
NOTICE OF VIOLATION
Released: February 28, 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 Kentec Communications, Inc.
("Kentec"), operator of a cable system in Merino, Colorado.
2. On December 5, 2006, an agent of the Enforcement Bureau's Denver
Office inspected the Kentec cable system located at Merino, Colorado,
and observed the following violations:
a. 47 C.F.R. S 11.35(a): "Broadcast stations and cable systems and
wireless cable systems are responsible for ensuring that EAS Encoders, EAS
Decoders and Attention Signal generating and receiving equipment used as
part of the EAS are installed so that the monitoring and transmitting
functions are available during the times the stations and systems are in
operation." At the time of the inspection, the cable system's EAS system
was not fully operational because of a comb generator failure that had
been in disrepair since November 2006.
b. 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, Kentec cable channel 30 (Q)
(259.2625 MHz) and channel 32 (S) (271.2625 MHz) were operating outside
the allowable frequency tolerance. The video carrier frequencies were
measured as 259.25350 MHz and 271.25250 MHz respectively.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Kentec 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 Kentec. 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 Kentec Communications, Inc., 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