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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cable Montana, LLC ) File No. EB-FIELDWR-12-00004015
Cable System Operator )
Physical System ID # 021581 )
South Fork, Colorado ) NOV No. V201232800061
)
NOTICE OF VIOLATION
Released: September 13, 2012
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 Cable Montana, LLC (Cable Montana),
operator of a cable system in South Fork, Colorado. Pursuant to
Section 1.89(a) of the Commission's Rules, issuance of this NOV does
not preclude the Enforcement Bureau from further action if warranted,
including issuing a Notice of Apparent Liability for Forfeiture for
the violations noted herein.
2. On August 25, 2012, an agent of the Enforcement Bureau's Denver Office
inspected the cable system located at South Fork, Colorado, 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, an
agent observed the following channels were operating outside the
allowable frequency tolerance:
Channel 15 (B) Measured 127.2353 MHz, Authorized 127.2625 MHz
Channel 26 (M) Measured 235.2504 MHz, Authorized 235.2626 MHz
Channel 36 (W) Measured 295.2402 MHz, Authorized 295.2625 MHz
b. 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 leakage on the frequency of
133.2625 MHz at the following location:
Pole in back of 8200 Sports, 30923 US Highway 160: 548 uV/m
3. Pursuant to Section 403 of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, we seek
additional information concerning the violations and any remedial
actions taken. Therefore, Cable Montana must submit a written
statement concerning this matter within twenty (20) days of release of
this Notice. The response (i) must fully explain each violation,
including all relevant surrounding facts and circumstances, (ii) must
contain a statement of the specific action(s) taken to correct each
violation and preclude recurrence, and (iii) must include a time line
for completion of any pending corrective action(s). The response must
be complete in itself and must not be abbreviated by reference to
other communications or answers to other notices.
4. In accordance with Section 1.16 of the Commission's Rules, we direct
Cable Montana to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Cable Montana with personal knowledge of the
representations provided in Cable Montana's response, verifying the
truth and accuracy of the information therein, and confirming that all
of the information requested by this Notice which is in the licensee's
possession, custody, control, or knowledge has been produced. To
knowingly and willfully make any false statement or conceal any
material fact in reply to this Notice is punishable by fine or
imprisonment under Title 18 of the U.S. Code.
5. 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
6. This Notice shall be sent to Cable Montana, LLC, at its address of
record.
7. 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.
FEDERAL COMMUNICATIONS COMMISSION
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's Rules provides that "[a]ny document to be
filed with the Federal Communications Commission and which is required by
any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration,
verification, certificate, statement, oath or affidavit by the person
making the same, may be supported, evidenced, established or proved by the
unsworn declaration, certification, verification, or statement in writing
of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially
the following form . . . : `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
2
Federal Communications Commission