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 Federal  Communications  Commission 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  James  Cable  Partners,  LP 
 d/  b/  a  CommuniComm  Services 
 Physical  System  ID  006437  Akron,  Colorado 


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 )  ) 
 )  ) 
 NAL/  Acct.  No.  20013280-  0002  EB-  00-  DV-  267 


 NOTICE  OF  APPARENT  LIABILITY  FOR  FORFEITURE 
 Released:  June  1,  2001 
 By  the  District  Director,  Denver  Office,  Enforcement  Bureau: 


 I.  INTRODUCTION 
 1.  In  this  Notice  of  Apparent  Liability  for  Forfeiture  ("  NAL")  we  find  that  James  Cable  Partners,  LP,  d/  b/  a  CommuniComm  Services  ("  CommuniComm")  has  apparently  violated  Sections  76.605(  a)(  12)  and 


 76.611(  a)  of  the  Commission's  Rules  (the  "Rules")  for  failure  to  comply  with  signal  leakage  standards.  We  conclude  that  James  Cable  Partners,  LP,  d/  b/  a  CommuniComm  Services  is  apparently  liable  for  a  forfeiture  in  the 
 amount  of  eight  thousand  dollars  ($  8,000). 


 II.  BACKGROUND 
 2.  The  Commission  has  established  cable  signal  leakage  rules  to  control  emissions  that  could  cause  interference  to  aviation  frequencies  from  cable  systems.  Protecting  the  aeronautical  frequencies  1  from  harmful 


 interference  is  of  paramount  importance.  2  To  this  end,  the  Commission  established  basic  signal  leakage  standards.  3  We  have  determined  the  tolerable  levels  of  unwanted  signals  on  the  aeronautical  frequencies  in  two  ways. 
 Signal  leakage  levels  that  exceed  these  thresholds  are  considered  harmful  interference.  First,  leakage  at  any  given 


 1  The  aeronautical  bands  are  108-  137  MHz  and  225-  400  MHz.  These  frequencies  encompass  both  radionavigation 
 frequencies,  108–  118  MHZ  and  328.6–  335.4  MHz,  and  communications  frequencies,  118–  137  MHz  and  225–  328.6  MHz  and  335.4–  400  MHz.  Deserving  particular  protection  are  the  international  distress  and  calling  frequencies  121.5  MHz,  156.8 


 MHz,  and  243  MHz.  See  47  C.  F.  R.  §76.616.  These  frequencies  are  critical  for  Search  and  Rescue  Operations  including  use  by  Emergency  Locator  Transmitters  (ELT)  on  planes  and  Emergency  Position  Indicating  Radio  Beacons  (EPIRB)  on  boats. 
 See  generally  47  C.  F.  R.  Part  80,  Subpart  V  and  47  C.  F.  R.  §§  87.193–  87.199.  2 
 Harmful  interference  includes  any  interference  that  “endangers  the  functioning  of  a  radionavigation  service  or  of  other  safety  services.”  See  47  C.  F.  R.  §§  2.1  &  76.613(  a). 


 3  Memorandum  Opinion  and  Order,  Amendment  of  Part  76  of  the  Commission’s  Rules  to  Add  Frequency  Channelling 
 Requirements  and  restrictions  and  to  require  Monitoring  for  Signal  Leakage  from  Cable  Television  Systems,  Docket  No.  21006,  101  F.  C.  C.  2d  117,  para.  14  (1985)  [hereinafter  MO&  O]. 
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 Federal  Communications  Commission 
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 thirty  days  of  the  release  date  of  this  NOTICE  OF  APPARENT  LIABILITY,  James  Cable  Partners,  LP,  d/  b/  a  CommuniComm  Services,  SHALL  PAY  the  full  amount  of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
 statement  seeking  reduction  or  cancellation  of  the  proposed  forfeiture. 
 11.  Payment  of  the  forfeiture  may  be  made  by  mailing  a  check  or  similar  instrument  payable  to  the  order  of  the  Federal  Communications  Commission,  to  the  Forfeiture  Collection  Section,  Finance  Branch,  Federal 


 Communications  Commission,  P.  O.  Box  73482,  Chicago,  Illinois  60673-  7482.  The  payment  should  note  the  NAL/  Acct.  No.  20013280-  0002. 


 12.  A  response  regarding  this  matter,  if  any,  must  be  mailed  to  Federal  Communications  Commission,  Enforcement  Bureau,  Technical  and  Public  Safety  Division,  445  12th  Street,  S.  W.,  Washington, 
 D.  C.  20554,  and  MUST  INCLUDE  THE  NAL/  Acct.  No.  20013280-  0002. 
 13.  The  Commission  will  not  consider  reducing  or  canceling  a  forfeiture  in  response  to  a  claim  of  inability  to  pay  unless  the  petitioner  submits:  (1)  federal  tax  returns  for  the  most  recent  three-  year  period;  (2) 


 financial  statements  prepared  according  to  generally  accepted  accounting  practices  ("  GAAP");  or  (3)  some  other  reliable  and  objective  documentation  that  accurately  reflects  the  petitioner's  current  financial  status.  Any  claim  of 
 inability  to  pay  must  specifically  identify  the  basis  for  the  claim  by  reference  to  the  financial  documentation  submitted. 


 14.  Requests  for  payment  of  the  full  amount  of  this  Notice  of  Apparent  Liability  under  an  installment  plan  should  be  sent  to:  Chief,  Revenue  and  Receivable  Operations  Group,  445  12th  Street,  S.  W.,  Washington, 
 D.  C.  20554.  21 
 15.  IT  IS  FURTHER  ORDERED  THAT  a  copy  of  this  NOTICE  OF  APPARENT  LIABILITY  shall  be  sent,  by  Certified  Mail/  Return  Receipt  Requested,  No.  P  028  896  936,  to  James  Cable 


 Partners,  LP,  d/  b/  a  CommuniComm  Services,  38710  Woodward  Avenue  –  Suite  180,  Bloomfield  Hills,  Michigan  48304. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Leo  E.  Cirbo  District  Director,  Denver  Office 


 21  See  47  C.  F.  R.  §1.1914. 
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