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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
ETAN Industries, Inc. dba CMA Communications ) File No.: EB-11-HU-0066
Cable System Operator )
Community Unit ID #: TX0409 ) NOV No.: V201132540003
Cleveland, Texas )
)
)
NOTICE OF VIOLATION
Released: September 13, 2011
By the Resident Agent, Houston Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to section
1.89 of the Commission's rules to ETAN Industries, Inc. dba CMA
Communications ("CMA"), operator of a cable system in Cleveland,
Texas.
2. On August 30, 2011, an agent of the Commission's Houston Office
inspected the CMA cable system located in Cleveland, Texas, 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, the agent observed signal leakage on the frequency of
121.2625 MHz at the following locations:
1) Pole just south of 302 Charles Avenue 479 uV/m
2) Pole at southwest corner of the intersection of
Southline Street and Park Lane 128 uV/m
3. Pursuant to section 308(b) of the Communications Act of 1934, as
amended, and section 1.89 of the Commission's rules, CMA
Communications, must submit a written statement concerning this matter
within twenty (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 cable operator. 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
Houston Office
9597 Jones Road, #362
Houston, Texas, 77065
4. This Notice shall be sent to CMA Communications 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
Lee R. Browning
Resident Agent
Houston Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
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