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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Fort Randall Cable Systems, Inc. ) File No. EB-11-DV-0176
Cable System Operator )
Community Unit ID # SD0181 )
) NOV No. V201132800017
Tyndall, South Dakota )
)
NOTICE OF VIOLATION
Released: July 28, 2011
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 Fort Randall Cable Systems, Inc.
("Fort Randall"), operator of a cable system in Tyndall, South Dakota.
2. On June 20, 2011, an agent of the Enforcement Bureau's Denver Office
inspected the Fort Randall cable system located at Tyndall, South
Dakota, and observed the following violations:
a. 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, the
agent observed the following channels were operating outside the
allowable frequency tolerance:
Channel 14 (A) Measured 121.250 MHz, Authorized 121.2625 MHz
Channel 34 (U) Measured 283.250 MHz, Authorized 283.2625 MHz
b. 47 C.F.R. S: 76.1610: "The Operator shall inform the Commission on
FCC Form 324 whenever there is a change of cable television system
operator; change of legal name, change of the operator's mailing
address or FCC Registration Number (FRN); or change in the
operational status of a cable television system. Notification must be
done within 30 days from the date the change occurs..." At the time
of the inspection, Fort Randall had acquired ownership of the cable
system, apparently in 2004, but had not notified the Commission as
required.
c. 47 C.F.R. S: 76.1804: A Multichannel Video Programming Distributor
("MVPD") "shall notify the Commission before transmitting any carrier
or other signal component with an average power level across a 25 kHz
bandwidth in any 160 microsecond time period equal to or greater than
10-4 watts at any point in the cable distribution system on any new
frequency or frequencies in the aeronautical radio frequency bands
(108-137 and 225-400 MHz). The notification shall be made on FCC Form
321." At the time of the inspection, Fort Randall was using
aeronautical frequencies in both the 108 - 137 MHz and 225 - 400 MHz
bands but had not notified the Commission as required.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Fort Randall 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 Fort
Randall. 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, Colorado 80226
4. This Notice shall be sent to Fort Randall Cable Systems, 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