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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Falcon Telecable, A California LP ) File No. EB-11-PO-0104
)
Physical System ID # 005343 )
Community ID # OR0147 )
) NOV No. V201132920029
Yachats, Oregon )
NOTICE OF VIOLATION
Released: August 31, 2011
By the Resident Agent, Portland Resident Agent 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 the Falcon Telecable, A California
LP ("Falcon"), operator of a cable system in Yachats, Oregon.
2. On August 19, 2011, an agent of the Enforcement Bureau's Portland
Resident Agent Office inspected the Falcon's cable system located in
Yachats, Oregon, 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, the agent observed signal leakage in
excess of 20 micro-volts per meter on the frequency 121.2625 MHz at
the following locations:
1) Fireside Motel's Village Gift Gallery, 1881 Hwy 101, Yachats, Oregon:
204 uV/m
2) Utility pole near an Oregon Visitors Information sign and Ya Hots Video
store, 265 N. Hwy 101, Yachats, Oregon: 170 uV/m
3) Utility pole # A2980K, near the Dublin House Motel, w. 7th Street and
Hwy 101, Yachats, Oregon : 170 uV/m
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Falcon, 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 Falcon.
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
Portland Resident Agent Office
POB 61469
Vancouver, WA 98666-1469
4. This Notice shall be sent to Falcon Telecable, A California LP 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
Binh Nguyen
Resident Agent
Portland Resident Agent 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