*Pages 1--5 from Microsoft Word - 31452* Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Friendship Cable of Texas, Inc. Physical System ID 005073 Vernon, Texas ) ) ) ) ) ) ) File Number EB- 01- DL- 703 NAL/ Acct. No. 200232500002 FRN 004- 9995- 61 NOTICE OF APPARENT LIABILITY FOR FORFEITURE CORRECTED COPY - CORRECTED TO REFLECT ACTUAL RELEASE DATE - NO ADDITIONAL RESPONSE REQUIRED Released: February 4, 2002 By the Enforcement Bureau, Dallas Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Friendship Cable of Texas, Inc. (Friendship) apparently violated Sections 76.605( a)( 12) and 76.611( a) of the Commission's Rules 1 by failure to comply with signal leakage standards. We conclude that Friendship 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 2 from harmful interference is of paramount importance. 3 To this end, the Commission established basic signal leakage standards. 4 The Commission has determined the tolerable levels of unwanted signals on the 1 47 C. F. R §§ 76.605( a)( 12) and 76.611( a) 2 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. 3 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). 4 Memorandum Opinion and Order, Amendment of Part 76 of the Commission’s Rules to Add Frequency 1 4 the Act requires us to take into account “… the nature, circumstances, extent, and gravity of the violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require.” 22 Considering the entire record and applying the statutory factors listed above, this case warrants a $8,000 forfeiture. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503( b) of the Communications Act of 1934, as amended, 23 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, 24 Friendship Cable of Texas, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand dollars ($ 8,000) for willful or repeated violation of 76.605( a)( 12) and 76.611( a) of the Commission’s Rules. 11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules 25 , within thirty days of the release date of this NOTICE OF APPARENT LIABILITY, Friendship Cable of Texas, Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture. 12. 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. referenced in the letterhead above. 13. The response, if any, must be mailed to Federal Communications Commission, Office of the Secretary, 445 12 th Street, SW, Washington, DC 20554, Attn: Enforcement Bureau- Technical & Public Safety Division, and MUST INCLUDE THE NAL/ Acct. No. referenced in the letterhead above. 14. 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. 15. Requests for payment of the full amount of this Notice of Apparent Liability under an installment plan should be sent to: Federal Communications Commission, Chief, Revenue and Receivables Operations Group, 445 12th Street, S. W., Washington, D. C. 20554. 26 22 47 U. S. C. § 503 (b)( 2)( D) 23 47 U. S. C. § 503( b). 24 47 C. F. R. §§ 0.111, 0.311, 1.80. 25 47 C. F. R. § 1.80. 26 See 47 C. F. R. § 1.1914. 4 5 16. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY shall be sent by Certified Mail Return Receipt Requested to Friendship Cable of Texas, Inc. at P. O. Box 9200, Tyler, Texas 75111. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director – Dallas Office 5