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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
NexHorizon of Colorado, Inc. ) File No. EB-08-DV-0098
Physical System ID # 008881 )
Hugo, Colorado ) NOV No. V200832800008
)
NOTICE OF VIOLATION
Released: April 10, 2008
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 NexHorizon of Colorado, Inc.
("NexHorizon"), operator of a cable system in Hugo, Colorado.
2. On April 3, 2008, an agent of the Enforcement Bureau's Denver Office
inspected the NexHorizon cable system located at Hugo, Colorado, and
observed the following violations:
a. 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) Alley in back of motel next to Jean's Family Restaurant on US Highway
40/287 between First Avenue and Second Avenue 727 uV/m
2) Alley in back of 522 Seventh Street 548 uV/m
3) Alley in back of 516 Fifth Street 180 uV/m
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, an
agent observed the following channels were operating outside the
allowable frequency tolerance:
Channel 15 (B) Measured 127.26964 MHz, Authorized 127.2625 MHz
Channel 26 (M) Measured 235.28402 MHz, Authorized 235.2625 MHz
Channel 28 (O) Measured 247.28523 MHz, Authorized 247.2625 MHz
Channel 33 (T) Measured 277.29051 MHz, Authorized 277.2625 MHz
Channel 34 (U) Measured 283.27755 MHz, Authorized 283.2625 MHz
Channel 35 (V) Measured 289.25604 MHz, Authorized 289.2625 MHz
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, NexHorizon 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 NexHorizon.
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 District 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 NexHorizon of Colorado, 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