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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

    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

    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.


   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


                       Federal Communications Commission