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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Midstate Communications, Inc. ) File No. EB-10-DV-0372
Physical System ID # 002530 )
Stickney, South Dakota ) NOV No. V201132800011
)
NOTICE OF VIOLATION
Released: October 27, 2010
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 Midstate Communications, Inc.
("Midstate"), operator of a cable system in Stickney, South Dakota.
2. On September 17, 2010, an agent of the Enforcement Bureau's Denver
Office inspected the Midstate cable system located at Stickney, South
Dakota, and observed the following violation:
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, an agent observed signal leakage on the frequency of
121.2625 MHz at the following location:
1) Near intersection of N. 4th Avenue & N. 2nd Street 637 uV/m
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Midstate 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 Midstate.
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 Midstate Communications, 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