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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Access Media 3, Inc. West Palm Beach, Florida ) ) ) ) ) )
   File No.: EB-FIELDSCR-13-00008217 NOV No.: V201332600009

                              NOTICE OF VIOLATION

   Released: July 2, 2013

   By the Resident Agent, Miami Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Access Media 3, Inc.,^ operator
       of a non-cable multichannel video programming distributor (MVPD)
       system serving the Cresthaven-Ashley Master Association (Cresthaven
       Ashley) Community in West Palm Beach, Florida. Pursuant to Section
       1.89(a) of the Rules, issuance of this Notice does not preclude the
       Enforcement Bureau from further action if warranted, including issuing
       a Notice of Apparent Liability for Forfeiture for the violation(s)
       noted herein.^

    2. On April 23 and May 23, 2013, agents of the Enforcement Bureau's Miami
       Office inspected the non-cable MVPD system serving the Cresthaven
       Ashley Community in West Palm Beach, Florida, and observed the
       following violation(s):

     a. 47 C.F.R. 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 microvolts per meter, measured at 3 meters." On May 23,
        2013, agents observed signal leakage on the frequency 133.2625 at
        geographic coordinates of 26DEG 38' 04" North Latitude, 080DEG 07'
        12" West Longitude, and measured an emission of 699 microvolts per
        meter, which exceeds the field strength allowed on those frequencies
        by the Rules.

     b. 47 C.F.R. S 76.1804: "An 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 frequency or frequencies in the
        aeronautical radio frequency bands (108-137 and 225-400 MHz). The
        notification shall be made on FCC Form 321." On April 23 and May 23,
        2013, Access Media 3, Inc. was operating on aeronautical frequencies,
        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 Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Access Media 3, Inc. must submit a written statement
       concerning this matter within twenty calendar (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 Rules, we direct Access Media
       3, Inc. to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Access Media 3, Inc., with personal knowledge of
       the representations provided in Access Media 3, Inc.'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 Access Media 3, Inc.'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

   Miami Office

   P.O. Box 520617

   Miami, FL 33152-0617

   Re: EB-FIELDSCR-13-00008217

    6. This Notice shall be sent to Access Media 3, Inc. 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.


   Stephanie Dabkowski

   Resident Agent

   Miami Office

   South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ Access Media 3, Inc. holds microwave industrial/business pool licenses.

   ^ 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 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