Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No.: EB-10-DT-0019 South Shore Cable Construction, Inc. ) ) NOV No.: V201032360006 Wellington, OH ) Notice of Violation Released: March 23, 2010 By the District Director, Detroit Office, Northeast Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to South Shore Cable Construction, Inc. (“South Shore”) operator of a cable system in Wellington, Ohio. 2. On January 20, 2010, agents of the Enforcement Bureau’s Detroit Office inspected the cable television system located at Wellington, Ohio and observed the following violations: a. 47 C.F.R. § 76.605(a)(12) of the Rules requires that cable operators maintain their cable system signal leakage below 20 microvolts per meter (µV/m) measured at 3 meters when operating in the frequency band between 54 MHz and 216 MHz. See 47 C.F.R. § 76.605(a)(12). The agents measured signal leakage in excess of 20 µV/m on 121.2625 MHz at the following locations: Date Frequency(MHz) Field Intensity (µV/m) Location 01/20/2010 121.2625 206 Pole outside of 24038 Ohio Rt. 511, Wellington, OH 01/20/2010 121.2625 103 Pole outside of 21799 Ohio Rt. 511, Wellington, OH b. 47 C.F.R. § 76.1801(a): “A system community unit shall be authorized to commence operation only after filing with the Commission the following information on FCC Form 322.” The FCC has no record of South Shore filing FCC Form 322 for any of the communities in which it operates. 1 47 C.F.R. § 1.89. Federal Communications Commission 2 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, South Shore Cable Construction, Inc. 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 South Shore Cable Construction, Inc. 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 Detroit District Office 24897 Hathaway St. Farmington Hills, Michigan 48335 4. This Notice shall be sent to South Shore Cable Construction, Inc. at its address of record. 5. The Privacy Act of 19743 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 A. Bridgewater District Director Detroit District Office Northeast Region Enforcement Bureau 2 47 U.S.C. § 403. 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.