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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
) File No. EB-10-SF-0196
NPG Cable, Inc. )
Physical System ID # 004744 ) NOV No. V201132960001
Mammoth Lakes, California )
)
)
NOTICE OF VIOLATION
Released: October 29, 2010
By the District Director, San Francisco Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to NPG Cable, Inc., operator of a
cable system in Mammoth Lake, California.
2. On August 30, 2010, agents of the Enforcement Bureau's San Francisco
Office inspected the NPG Cable, Inc. system located at Mammoth Lake,
California, 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, an agent observed signal leakage on the frequency of
121.2625 MHz at the following location:
1. #16 Sierra Manor Apt. (back wall) 221 uV/m
2. #20 Villa de los Pinos Apts., Chateaus Rd. 72 uV/m
3. #48 The Woodlands, Chateau Rd. and Azimath Rd. 66 uV/m
4. 387 Mono St. (pole # 1687595) 66 uV/m
5. 29 Lupin St. 126 uV/m
b. 47 C.F.R. S: 76.612(a): "In the aeronautical radiocommunication bands
118-137, 225-328.6 and 335.4-400 MHz, the frequency of all carrier
signals or signal components carried at an average power level equal
to or greater than 10 -4watts in a 25 kHz bandwidth in any 160
microsecond period must operate at frequencies offset from certain
frequencies which may be used by aeronautical radio services operated
by Commission licensees or by the United States Government or its
Agencies. The aeronautical frequencies from which offsets must be
maintained are those frequencies which are within one of the
aeronautical bands defined in this subparagraph, and when expressed
in MHz and divided by 0.025 yield an integer." At the time of the
inspection, an agent measured the frequency for Channel 37, as
301.25029 MHz. This channel has not been properly offset. The
frequency should be 301.2625 MHz +/- 5 kHz.
c. 47 C.F.R. S: 76.1706: Cable operators shall maintain a log showing
the date and location of each leakage source identified pursuant to
76.614, the date on which the leakage was repaired, and the probable
cause of the leakage. The log shall be kept on file for a period of
two years and shall be made available to authorized representatives
of the Commission upon request." At the time of the inspection,
there was no leakage log being maintained at the system since January
2009.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, NPG Cable, Inc., 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 the
licensee. 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
San Francisco Office
5653 Stoneridge Dr.
Pleasanton, CA 94588
4. This Notice shall be sent to NPG Cable, 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
Thomas VanStavern
District Director
San Francisco 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
3
Federal Communications Commission