*Pages 1--2 from Microsoft Word - 50306.doc* Federal Communications Commission Before the Federal Communications Commission Washington, D. C. 20554 Certified Mail # Return Receipt Requested In the Matter of ) ) Concept Cable Television ) File No. EB- 05- ST- 251 ) Physical System ID # 014459 ) NOV No. V20053298006 Newport, Washington ) ) ) NOTICE OF VIOLATION Released: July 15, 2005 By the Acting District Director, Seattle Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation (" Notice") issued pursuant to Section 1.89 of the Commission's Rules, 1 to Concept Cable Television (" Concept"), operator of a cable system in Newport, Washington. 2. On June 9, 2005, agents of the Commission's Seattle Office inspected Concept's cable television system located at Newport, Washington and observed the following violation: a. 47 C. F. R. § 76. 605( a)( 12): “As an exception to the general provisions 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 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 agents observed signal leakage on the frequency of 127.2625 MHz at the following location: In the alley behind 718 4 th Street. 126 µV/ m 3. Pursuant to Section 308( b) of the Communications Act of 1934, as amended, 2 and Section 1.89 of the Commission's Rules, Wave must submit a written statement concerning this matter 1 47 C. F. R. § 1.89. 2 47 U. S. C. § 308( b). 1 Federal Communications Commission 2 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 Concept Cable Television. 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 Seattle Office 11410 NE 122 nd Way, Suite 312 Kirkland, WA 98034 4. This Notice shall be sent by Certified Mail/ Return Receipt Requested and regular mail to Concept Cable Television, at its address of record. 5. The Privacy Act of 1974 3 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. 4 FEDERAL COMMUNICATIONS COMMISSION Kristine McGowan Acting District Director Seattle Office Western Region Enforcement Bureau 3 P. L. 93- 579, 5 U. S. C. § 552a (e)( 3). 4 18 U. S. C. § 1001 et seq. 2