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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Rapid Communications LLC ) File No. EB-07-SD-073
Operator of a cable television system )
Physical System ID # 008133 )
Needles, California ) NOV No. V20073294006
)
NOTICE OF VIOLATION
Released: April 19, 2007
By the District Director, San Diego 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 Rapid Communications LLC, operator
of a cable television system located in Needles, California.
2. On March 7, 2007, an agent of the Enforcement Bureau's San Diego
Office inspected your cable television system located in Needles,
California, and observed the following violations:
a. 47 C.F.R. S 76.605(a)(12): "As an exception to the general provision
requiring measurements 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 S76.609(h) and shall be
limited as follows: Over 54 MHz, and less than and including 216 MHz
- 20 micro-volts per meter measured at 3 meters." At the time of
inspection signal leakage was observed on the frequency 127.2625 MHz
as follows:
1) Measured 100 uV/m, near power pole, front of
112 Market Street, Needles, CA
b. 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 Plans and the FCC
Mapbook." At the time of the inspection, the EAS equipment was
observed to be monitoring only the designated first local primary
(LP-1) station, KFLG Kingman, AZ on 94.7 MHz, for Mojave County, AZ.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Rapid Communications LLC,
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 Rapid Communications LLC. 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
San Diego Office
4542 Ruffner Street, Suite 370
San Diego, CA 92111
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Rapid 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
Williams R. Zears Jr.
District Director
San Diego 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