Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   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