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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Bentleyville Telephone Company ) File No. EB-07-PA-338
)
Bentleyville, Pennsylvania ) NOV No. V20083240004
)
NOTICE OF VIOLATION
Released: October 22, 2007
By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Bentleyville Telephone Company
("BTC"), operator of a cable system serving Bentleyville, Pennsylvania
(Community Unit No. PA-3297).
2. On September 13, 2007, an agent of the Commission's Philadelphia
Office inspected the BTC cable system located in Bentleyville,
Pennsylvania and observed the following violations:
a. 47 C.F.R. S: 11.52(d): "EAS participants 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, BTC was not
monitoring the designated second local primary ("LP2") station, WQED
on 89.3 MHz. BTC was monitoring station WFHM, Cleveland, Ohio and the
first local primary ("LP-1") station KDKA, Pittsburgh, Pennsylvania.
b. 47 C.F.R. S:11.61(b): "Entries shall be made in EAS Participant
records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the
time of inspection, the cable system records contained no entries
documenting the receipt and transmission of the required monthly test
(RMT) for the month of August 2007 and the receipt of the required
weekly test (RWT) between August 31, 2007 and September 12, 2007. No
system record entries were found indicating the reasons why the RMT
had not been received or transmitted in August 2007 and why the RWT
had not been received between August 31, 2007 and September 12, 2007.
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 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, the agent measured signal leakage in excess
of 20 micro-volts per meter (mV/m) on the frequency of 133.2625 MHz
at the following location:
Frequency Signal Strength
Date Location
(MHz) (uV/m)
40o 07' 12" N
09/13/07 133.2625 104.8 080o 02' 15" W
90 Chippewa Road,
Bentleyville, PA
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, BTC 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 the cable
operator. 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Bentleyville Telephone Company 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
Gene J. Stanbro
District Director
Philadelphia Office
Northeast 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