*Pages 1--3 from Microsoft Word - 50878.doc* Federal Communications Commission Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Cebridge Connections ) File No. EB- 05- DL- 096 Physical System ID # 006136 ) Terrell, Texas ) NOV No. V20053250013 ) NOTICE OF VIOLATION Released: August 3, 2005 By the District Director, Dallas Office, South Central Region, Enforcement Bureau: 1. This is a Notice of Violation (“ Notice”) issued pursuant to Section 1.89 of the Commission’s Rules 1 to Cebridge Connections, operator of a cable system serving Terrell, Texas. 2. On June 27, 2005, an agent of the Commission’s Dallas Office inspected the cable television system located at Terrell, Texas, and observed the following violation( s): a. 47 C. F. R. § 11. 35( a): “... cable systems… are responsible for ensuring that EAS Encoders, EAS Decoders and Attention Signal generating and receiving equipment used as part of the EAS are installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation. Additionally, … cable systems …must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61( a)( 1) and (2). Appropriate entries must be made in the cable system record as specified in §§ 76. 1700, 76. 1708 and 76.1711 of this chapter … indicating reasons why any tests were not received.” A review of the available EAS logs from August 30, 2004 through June 28, 2005 revealed that there were missing entries for received tests. There were numerous weeks which did not have an entry for a received test and those weeks which showed a received test just logged reception of an End of Message (EOM) without logging the actual message. There were no appropriate entries in the available records explaining the missing log entries. b. 47 C. F. R. § 76. 612( a)( 1): “In the aeronautical radiocommunication bands 118- 137, 225- 328.6 and 335. 4- 400 MHz, the frequency of all carrier signals or signal components carried at an average power level equal to or greater than 10 -4 watts in a 25 kHz bandwidth in any 160 microsecond period must operate at frequencies offset from certain frequencies which may be used by aeronautical radio services operated by Commission 1 47 C. F. R. § 1.89. 1 Federal Communications Commission 2 licensees or by the United States Government or its Agencies. The aeronautical frequencies from which offsets must be maintained are those frequencies which are within one of the aeronautical bands defined in this subparagraph, and when expressed in MHz and divided by 0.025 yield an integer. …. All such cable carriers or signal components shall be offset by 12.5 kHz with a frequency tolerance of ±5 kHz…” On June 27, 2005, the Video Carrier for cable channel 14 was measured as 121.250 MHz and was not off- set from the aeronautical frequency as required. 3. Pursuant to Section 308( b) of the Communications Act of 1934, as amended, 2 and Section 1.89 of the Commission's Rules, Cebridge Connections, must submit a written statement concerning this matter within twenty (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 the cable operator. 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 Dallas Office 9330 LBJ Freeway, #1170 Dallas, Texas 75243 4. This Notice shall be sent to Cebridge Connections 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 James D. Wells District Director Dallas District Office South Central 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 Federal Communications Commission 3 Mailing Address: Cebridge Connections 16610 N. Dallas Pkwy Ste 2300 Dallas, Texas 75248 3