*Pages 1--2 from Microsoft Word - 57351.doc* Federal Communications Commission Before the Federal Communications Commission Washington, D. C. 20554 Certified Mail # 7002 0860 0007 3905 2111 Return Receipt Requested In the Matter of ) ) Champion Broadband Colorado, LLC ) File No. EB- 06- DV- 092 ) Physical System ID # 008882 ) NOV No. V20063280009 Walsh, Colorado ) NOTICE OF VIOLATION Released: April 28, 2006 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, 1 to Champion Broadband Cable, LLC (" Champion"), operator of a cable system in Walsh, Colorado. 2. On March 28, 2006, an agent of the Enforcement Bureau’s Denver Office inspected Champion's cable television system located at Walsh, Colorado, and observed the following violation: 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 § 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) Near intersection of Spruce and Kansas Streets 340 µV/ m 2) Near 437 Maplewood Street 161 µV/ m 3) On pole across from intersection of Maplewood and Alaska Streets 513 µV/ m 1 47 C. F. R. § 1.89. 1 Federal Communications Commission 2 3. Pursuant to Section 308( b) of the Communications Act of 1934, as amended, 2 and Section 1.89 of the Commission's Rules, Champion must submit a written statement concerning this matter 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 Champion. 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 Office 215 S. Wadsworth Blvd., Suite 303 Lakewood, CO 80226 4. This Notice shall be sent by Certified Mail/ Return Receipt Requested and regular mail to Champion Broadband Colorado, LLC, 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 Nikki P. Shears District Director Denver Office Western Region Enforcement Bureau 2 47 U. S. C. § 308( b). 3 P. L. 93- 579, 5 U. S. C. § 552a (e)( 3). 4 18 U. S. C. § 1001 et seq. 2