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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                           )                               
                                                                           
     In the Matter of                      )                               
                                                                           
     KLIP, LLC                             )                               
                                                File Number: EB-08-DV-016  
     Operator of Cable Television System   )                               
                                               NAL/Acct. No. 200832800003  
     Community Unit ID: WY0087             )                               
                                                          FRN: 0013598081  
     Physical System ID: 004758            )                               
                                                                           
     Pinedale, Wyoming                     )                               
                                                                           
                                           )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: March 31,  2008

   By the District Director, Denver Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that KLIP, LLC ("KLIP"), operator of the cable television system in
       Pinedale, Wyoming, apparently willfully  and repeatedly violated
       Section 76.605(a)(12) of the Commission's Rules ("Rules") by operating
       a cable system in violation of cable signal leakage standards. We
       conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that KLIP is apparently liable for a
       forfeiture in the amount of eight  thousand dollars ($8,000).

   II. BACKGROUND

    2. The above-captioned system has a history of non-compliance with the
       Commission's cable leakage standards. The previous owner of the
       system, Mallard Cablevision, LLC, was issued a Notice of Violation
       ("NOV") on July 20, 2001, for violations of the basic signal leakage
       standards found in 76.605(a)(12) of the Rules. On July 18, 2002, a
       second NOV was issued against the system for violations of the same
       rule section. On June 8, 2003, an agent from the Denver Office
       inspected this system and found the system exceeded the allowable
       cumulative signal leakage. On May 25, 2004, a Notice of Apparent
       Liability for Forfeiture was issued to Mallard for apparently
       willfully and repeatedly violating Sections 76.605(a)(12) and
       76.611(a)(1) of the Rules. On March 11, 2005, the Associate Chief,
       Enforcement Bureau, issued a Memorandum Opinion and Order admonishing
       Mallard for its willful and repeated violations of Sections
       76.605(a)(12) and 76.611(a)(1), but cancelling the proposed forfeiture
       because of Mallard's demonstrated inability to pay.

    3. On September 7, 2007, KLIP was issued an NOV for violation of Section
       76.605(a)(12) at its Pinedale, Wyoming, cable system,  as well as an
       NOV for violation of Section 76.605(a)(12) at its Big Piney, and
       Marbleton, Wyoming, cable systems. Most recently, KLIP was issued two
       NOV's on February 20, 2008, for violation of Section 76.605(a)(12) at
       its Diamondville, Wyoming, and Kemmerer, Wyoming, cable systems.

    4. On January 15, 2008, agents from the Enforcement Bureau's Denver
       Office conducted a routine inspection of KLIP's cable system serving
       Pinedale, Wyoming, to identify leaks and determine compliance with the
       Commission's basic signal leakage criteria. The agents identified and
       measured three leaks, on aeronautical frequency 121.2625 MHz, ranging
       from 176 to 1,632 microvolts per meter ("uV/m") (See Attachment A).
       The agents calculated the system's Cumulative Leakage Index ("CLI") to
       be a value of 64.6, exceeding the allowable cumulative signal leakage
       performance criteria of 64.

    5. Because of the potential hazard to public safety caused by the leaks,
       the agents contacted KLIP on January 15, 2008, and ordered the cable
       operator to cease operation on aeronautical band frequencies or,
       alternatively, reduce the amplitude of all signals on these
       frequencies until the leaks were repaired and the system complied with
       the basic signal leakage criteria. Later on January 15, 2008, the
       Denver Office followed the oral order with a written Order to Cease
       Operations ("Order"), sent via facsimile and first class mail to KLIP.
       The Order required KLIP to conduct a complete inspection of the
       system's cable plant, make the necessary repairs to bring the system
       into compliance, and submit a report of their findings. Communications
       with KLIP representatives indicated that technicians were being
       dispatched to the headend and the system should be shut down at some
       point that evening.

    6. On January 16, 2008, the Denver agents returned to the Pinedale
       system, to examine the three leakage locations identified the previous
       day. On this day, the measurements taken by the Denver agents showed
       that the leaks were greater, ranging in signal strength from 190 to
       2,062 uV/m (See Attachment B), resulting in a higher CLI of 67.5.
       Also, the leaks were measured on the frequency of 121.2625 MHz,
       indicating that KLIP had neither ceased operation nor reduced the
       amplitude of at least one channel operating in the "critical bands
       (108-137 and 225-400 MHz)" as required by the Order issued on January
       15, 2008.

    7. On January 17, 2008, KLIP informed the Denver agents that they had
       completed the required repairs. The Denver agents confirmed the system
       was in compliance that same date.

    8. On January 18, 2008, KLIP responded to the Order, by fax to the Denver
       Office, with a written report of the leaks found, including their
       locations, measured values, and actions taken to repair them. The
       Denver District Director then approved KLIP to resume operations of
       its Pinedale, Wyoming, system.

   III. DISCUSSION

    9. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

   10. The Commission established cable signal leakage rules to ensure that
       emissions from cable systems do not cause harmful interference. In
       this regard, the Commission established basic signal leakage standards
       in Section 76.605(a)(12) of the Rules, which limit the amount of
       signal leakage that is permitted at any given point in the cable
       system. Specifically, leakage at any given point must not exceed 20
       uV/m at a distance of 3 meters. The Commission also recognized that it
       was particularly important to protect aeronautical frequencies from
       harmful interference. The Commission therefore adopted Section
       76.611(a)(1) of the Rules, which sets a CLI that must be met before a
       cable system may operate on aeronautical frequencies. Because of
       potentially hazardous interference to air navigation and other
       authorized safety services cased by excessive cable signal leakage, a
       cable system's CLI must not exceed 64 if the system is to operate on
       aeronautical frequencies.

   11. On January 15 and 16, 2008, KLIP exceeded the limits for both basic
       and cumulative signal leakage at its system in Pinedale, Wyoming, by
       operating with a CLI value of 64.6 and 67.5, respectively. This
       operation continued through both days on aeronautical frequencies.
       Prior to the instant inspection, KLIP received multiple NOV's for
       exceeding cable signal leakage standards while operating several of
       its cable systems  in Wyoming, including its Pinedale system. 
       Additionally, KLIP maintains signal leakage logs which identify signal
       leaks and repairs. Consequently,  KLIP was aware of the requirements
       concerning cable leakage, therefore, its violation was willful. The
       violation occurred on more than one day, therefore, it was repeated. 
       Based on the evidence before us, we find that KLIP  apparently
       willfully and repeatedly violated Section 76.605(a)(12) of the Rules
       by operating a cable system in violation of signal leakage standards.

   12. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for violating rules relating to distress and
       safety frequencies is $8,000. In assessing the monetary forfeiture
       amount, we must also take into account the statutory factors set forth
       in Section 503(b)(2)(E) of the Act, which include the nature,
       circumstances, extent, and gravity of the violations, and with respect
       to the violator, the degree of culpability, and history of prior
       offenses, ability to pay, and other such matters as justice may
       require. Applying the Forfeiture Policy Statement, Section 1.80, and
       the statutory factors to the instant case, we conclude that KLIP  is
       apparently liable for an  $8,000 forfeiture.

   IV. ORDERING CLAUSES

   13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, KLIP, LLC, is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       eight  thousand dollars ($8,000) for violations of Section
       76.605(a)(12) of the Rules.

   14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, KLIP, LLC, SHALL PAY the
       full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   15. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to:  Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.    Please contact the Financial Operations Group Help
       Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any
       questions regarding payment procedures.

   16. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Denver Office, 215 S.
       Wadsworth Blvd., Suite 303, Lakewood, Colorado, 80226, and must
       include the NAL/Acct. No. referenced in the caption.

   17. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   18. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to KLIP, LLC, at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Nikki P. Shears

   District Director

   Denver District Office

   Western Region

   Enforcement Bureau

                                  ATTACHMENT A



       System Location: Pinedale, WY     System PSID:   Frequency: 121.2625  
                                            004758              MHz          

     Inspection Date(s): 1/15/2008                                           



     Measurement Location                                 Signal Leakage     
                                                          Field Strength     

                                                         (uV/m @ 3 meters)   


     In alley of Pine Creek Inn near                                         
     the street intersections                                  1632          
                                                                             
     of Pine and Madison                                                     

     On corner next to 912 Washington                           176          

     Near PacifiCorp power pole                                 403          
     52-33-109/034806 by 117 Skyline                                         


                                  ATTACHMENT B



       System Location: Pinedale, WY     System PSID:   Frequency: 121.2625  
                                            004758              MHz          

     Inspection Date(s): 1/16/2008                                           



     Measurement Location                                 Signal Leakage     
                                                          Field Strength     

                                                         (uV/m @ 3 meters)   


     In alley of Pine Creek Inn near                                         
     the street intersections                                  2062          
                                                                             
     of Pine and Madison                                                     

     On corner next to 912 Washington                           190          

     Near PacifiCorp power pole                                1173          
     52-33-109/034806 by 117 Skyline                                         


   47 C.F.R. S: 76.605(a)(12). The standards found in this section limit
   basic signal leakage in the frequency band from 54 MHz to and including
   216 MHz to 20 uV/m at a distance of 3 meters.

   47 U.S.C. S: 503(b).

   Notice of Violation, Case No. EB-01-DV-191  (Enf. Bur., Western Region,
   Denver Office, July 20, 2001).

   Notice of Violation, Case No. EB-02-DV-178  (Enf. Bur., Western Region,
   Denver Office, July 18, 2002).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200432800002
   (Enf. Bur., Western Region, Denver Office, May 25, 2004).

   47 C.F.R. S:S: 76.605(a)(12) and 76.611(a)(1).

   Mallard Cablevision, LLC, 20 FCC Rcd 5143 (EB 2005). Mallard sold this
   system to LB Cable, LLC, in 2004. LB Cable, LLC, sold this system to KLIP
   in 2005.

   Notice of Violation, No. V20073280027 (Enf. Bur., Western Region, Denver
   Office, September 7, 2007).

   Notice of Violation, No. V20073280026 (Enf. Bur., Western Region, Denver
   Office, September 7, 2007).

   Notice of Violation, No. V20083280007 (Enf. Bur., Western Region, Denver
   Office, February 20, 2008).

   Notice of Violation, No. V20083280006 (Enf. Bur., Western Region, Denver
   Office, February 20, 2008).

   The leaks were measured on the frequency 121.2625 MHz. A maximum CLI of 64
   is the basic single leakage performance criteria of Section 76.611(a)(1)
   of the Rules. Leakage that exceeds this level is deemed to pose a serious
   threat to air safety communications. The calculated CLI included only
   leaks greater than 50 uV/m.

   KLIP was ordered to cease operations on the aeronautical band frequencies
   or reduce amplitude of all signals on these frequencies so that the power
   level did not exceed 10-4 watts (38.75 dBmV) across a 25 kHz bandwidth in
   any 160 microsecond period.

   The Order required KLIP to suspend operation of the entire cable plant in
   the "critical bands" (108 - 137 MHz and 225 - 400 MHz) in order to
   eliminate potentially hazardous interference to air navigation and other
   authorized safety services. The Order also required KLIP to submit a
   complete report to the Denver Office outlining its efforts to eliminate
   all leaks in excess of 20 uV/m. The report was to include the location of
   all leaks, along with their measured value in uV/m at three meters, both
   before and after the repair.

   Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   Memorandum Opinion and Order, Amendment of Part 76 of the Commission's
   Rules to Add Frequency Channelling Requirements and restrictions and to
   require Monitoring for Signal Leakage from Cable Television  Systems,
   Docket No. 21006, 101 FCC 2d 117, para. 14 (1985).

   47 C.F.R. S: 76.605(a)(12).

   The aeronautical bands are 108-137 MHz and 225-400 MHz. These frequencies
   encompass both radionavigation frequencies, 108-118 MHz and 328.6-335.4
   MHz, and communications frequencies, 118-137 MHz, 225-328.6 MHz and
   335.4-400 MHz. Deserving particular protection are the international
   distress and calling frequencies 121.5 MHz, 156.8 MHz, and 243 MHz. See 47
   C.F.R. S: 76.616. These frequencies are critical for Search and Rescue
   Operations including use by Emergency Locator Transmitters on planes and
   Emergency Position Indicating Radio Beacons on boats. See generally 47
   C.F.R. Part 80, Subpart V and 47 C.F.R. S:S: 87.193-87.199.

   76.613(a) states that "[h]armful interference is any emission, radiation
   or induction which endangers the functioning of a radionavigation service
   or of other safety services or seriously degrades, obstructs or repeatedly
   interrupts a radiocommunication service operating in accordance with this
   chapter." See 47 C.F.R. S:S: 2.1 & 76.613(a).

   47 C.F.R. S: 76.611(a)(1).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80,
   76.605(a)(12).

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       6

   Federal Communications Commission