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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
KLIP, LLC ) File No. EB-07-DV-258
Physical System ID # 006552 )
Big Piney, Marbleton and Kemmerer, Wyoming ) NOV No. V20073280026
)
NOTICE OF VIOLATION
Released: September 7, 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 KLIP, LLC ("KLIP"), operator of a
cable system serving Big Piney, Marbleton, and Kemmerer, Wyoming.
2. On July 9, 2007, the Denver Office was notified by the Sublette County
Sheriff's Office, in Pinedale, Wyoming, that their assigned FCC
frequency, 155.730 MHz, licensed under call sign KA49949, for their
mobile/portable radios, was receiving audio interference from KLIP's
cable channel 19 in the areas of Big Piney and Marbleton, Wyoming. On
July 10 and July 11, 2007, agents of the Enforcement Bureau's Denver
Office inspected the KLIP cable system serving the communities of Big
Piney, Marbleton, and Kemmerer, Wyoming, 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, no EAS system was installed in the cable system or at its
principal headend in Kemmerer, Wyoming. KLIP's EAS waiver for
equipment installation expired in March 2006.
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 locations:
1) In alley next to 117 1st Street, Marbleton, WY 55 uV/m
2) In alley by 135 N. Noble Street, Big Piney, WY 135 uV/m
3) In alley just off Taylor Avenue between Third Street and Fourth Street
Marbleton, WY 165 uV/m
4) On pole by Space 5A at 3rd and Chalfant RV Park,
Marbleton, WY 256 uV/m
5) In alley back of 111 Ball Lane, Marbleton, WY 293 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,
agents observed the following channels were operating outside the
allowable frequency tolerance:
The Big Piney/Marbleton, Wyoming, cable system frequency offset
measurements had 29 out of 29 aeronautical frequencies outside the
allowable frequency tolerance; two such channels were as follows:
Channel 99 (A-1) Measured 115.23779 MHz Authorized 115.275 MHz
Channel 14 (A) Measured 121.24433 MHz Authorized 121.2625 MHz
The Kemmerer, Wyoming, cable system frequency offset measurements had 24
out of 32 aeronautical frequencies outside the allowable frequency
tolerance; two such channels were as follows:
Channel 14 (A) Measured 121.250 MHz Authorized 121.2625 MHz
Channel 15 (B) Measured 127.250 MHz Authorized 121.2625 MHz
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, KLIP 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 KLIP. 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 KLIP, 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
3
Federal Communications Commission