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Cable Montana, LLC, South Fork, CO

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Released: September 13, 2012

Federal Communications Commission

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,1 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
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. § 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. § 76.605(a)(12): “As an exception to the general provision
requiring measurements to be made at subscriber terminals, and without


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).

Federal Communications Commission

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 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,3 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
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,5 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.6
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:


3 47 U.S.C. § 403.
4 47 C.F.R. § 1.89(c).
5 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. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
2

Federal Communications Commission

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 19747 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


7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
3

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