**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number EB-02-AT-275        |
|                                  |   |                                 |
| Valley Cable TV, Inc.            | ) | NAL/Acct. No. 200232480017      |
|                                  |   |                                 |
| POB 508                          | ) | FRN 0006-1529-20                |
|                                  |   |                                 |
| 602 College Street               | ) |                                 |
|                                  |   |                                 |
| Fort Valley, Georgia             | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+
|                                  |   |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

### Released: September 3, 2002

By the Enforcement Bureau, Atlanta Office:

**I.** **INTRODUCTION**

1\. In this Notice of Apparent Liability for Forfeiture, we find that
Valley Cable TV, Inc. ("Valley") willfully and repeatedly violated
Section 76.605(a)(12) of the Commission's Rules ("Rules")[^1] and
willfully violated Section 76.611(a)(1) of the Rules[^2] relating to
cable television signal leakage. We conclude that Valley Cable TV, Inc.
is apparently liable for a forfeiture in the amount of eight thousand
dollars (\$8,000).

**II.** **BACKGROUND**

2\. On July 23 and 25, 2002, an agent from the FCC Enforcement Bureau\'s
Atlanta Field Office conducted a cable television signal leakage
inspection of Valley's cable system located in Fort Valley, Georgia. The
agent found that, at thirty-one locations, cable signal leakage on the
frequency 121.2625 MHz significantly exceeded 20 microvolts per meter
(µV/m) at a distance of at least three meters from each leakage, in
violation of Section 76.605(a)(12) of the Rules. The measured leaks
ranged from 165 µV/m to 983 µV/m. Based on these measurements, the agent
calculated the system's cumulative leakage index ("CLI") at a value of
68.3, exceeding the allowed cumulative signal leakage performance
criteria of 64, in violation of Section 76.611(a)(1) of the Rules.[^3]
(See Attachment A.)

**III**. **DISCUSSION**

3\. Section 76.605(a)(12) of the Rules requires cable operators to limit
signal leakage in the frequency band from 54 MHz up to and including 216
MHz to 20 µV/m at a distance of 3 meters. On July 23 and 25, 2002,
Valley exceeded this limit at thirty-one locations on its system in Fort
Valley, Georgia. SSSection 76.611(a)(1) of the Rules requires cable
operators to limit the CLI to a value at or below 64. On July 25, 2002,
Valley's cable system in Fort Valley, Georgia operated with a CLI value
of 68.3.

4\. Based on the evidence before us, we find that on July 23 and 25,
2002, Valley Cable TV, Inc. willfully[^4] and repeatedly[^5] violated
Section 76.605(a)(12) of the Rules, and on July 25, 2002, willfully
violated Section 76.611(a)(1) of the Rules.

5\. Pursuant to Section 1.80(b)(4) of the Rules, the base forfeiture
amount for the violations cited in this notice is \$8,000 (violation of
rules relating to distress and safety frequencies).[^6] Section
503(b)(2)(D) of the Communications Act of 1934, as amended ("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."[^7] Considering the
entire record and the factors listed above, this case warrants an
\$8,000 forfeiture.

**IV. ORDERING CLAUSES**

6\. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
Act[^8] and Sections 0.111, 0.311 and 1.80 of the Rules,[^9] Valley
Cable TV, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A
FORFEITURE in the amount of eight thousand dollars (\$8,000) for willful
and repeated violation of Section 76.605(a)(12) of the Rules and willful
violation of Section 76.611(a)(1) of the Rules.

7\. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
Commission\'s Rules, within thirty days of the release date of this
NOTICE OF APPARENT LIABILITY, Valley Cable TV, Inc. SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed forfeiture.

8\. 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 MUST INCLUDE the NAL/Acct. No. and FRN
referenced in the letterhead above.

9\. 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. and FRN referenced in the letterhead
above.

10\. 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.

11\. 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.[^10]

12\. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT
LIABILITY shall be sent by regular mail and Certified Mail Return
Receipt Requested to Valley Cable TV, Inc., at POB 508, 602 College
Street, Fort Valley, GA 31030.

FEDERAL COMMUNICATIONS COMMISSION

Fred L. Broce

District Director

Atlanta Office, Enforcement Bureau

Valley Cable TV, Inc. NAL Acct. No. 200232480017

ATTACHMENT A

FIELD STRENGTH MEASUREMENTS OF VALLEY CABLE TV, INC., FORT VALLEY, GA

MEASUREMENT DATES: JULY 23 & 25, 2002 FREQUENCY: 121.2625 MHZ

  ---- ----------------------------------------- ------------------------
       Measurement Location                      Leakage Field Strength,
                                                 µV/m

  1    108 Peachtree Ext.                        179

  2    Hampton St. @ Butler St.                  165

  3    320 Hiley St.                             193

  4    Burnett St. @ Hiley St.                   214

  5    E. Church St. @ Hampton St.               229

  6    616 Chamblee Dr.                          953

  7    418 Chamblee Dr.                          591

  8    Forrest Dr. @ Orange St.                  621

  9    405 Miller St.                            345

  10   527 Walden St.                            252

  11   Montrose St. @ Elberta St.                185

  12   W. Church St. @ Everett Square            606

  13   106 Knoxville St.                         314

  14   Knoxville St. @ Belle St.                 224

  15   518 Orange St.                            652

  16   607 Courtland St.                         329

  17   Across from 402-A Green St.               786

  18   Across from 503 S. Camella Blvd.          377

  19   5530 Hwy 341 South                        273

  20   Hwy 341 South @ Lavender St.              576

  21   Pole @ 208 Lavender St.                   194

  22   604 Hwy 341 South                         291

  23   Pole @ 209 Oak St.                        231

  24   207 Calhoun St.                           182

  25   327 Hwy 341 South                         313

  26   201 Troutman Ave.                         285

  27   505 Peachtree St.                         983

  28   Edward St. @ Spruce St.                   203

  29   312 Spruce St.                            280

  30   Pole #13 @ 505 Preston St.                606

  31   Beech St. @ Spruce St.                    835
  ---- ----------------------------------------- ------------------------

[^1]: 47 C.F.R. § 76.605(a)(12).

[^2]: 47 C.F.R. § 76.611(a)(1).

[^3]: The calculated CLI included only leaks greater than 50 µV/m,
    included leaks found in only 15 miles or 27% of the system
    inspected, and assumed no leaks in the 73% of the system not
    checked.

[^4]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    equally to Section 503(b) of the Act, provides that "\[t\]he term
    'willful,' when used with reference to the commission or omission of
    any act, means the conscious and deliberate commission or omission
    of such act, irrespective of any intent to violate any provision of
    this Act ...." *See Southern California Broadcasting Co.*, 6 FCC Rcd
    4387 (1991).

[^5]: The term "repeated" means the commission or omission of an act
    more than once or, if such commission or omission is continuous, for
    more than one day. 47 U.S.C. § 312(f)(2).

[^6]: 47 C.F.R. § 1.80(b)(4).

[^7]: 47 U.S.C. § 503 (b)(2)(D).

[^8]: 47 U.S.C. § 503(b).

[^9]: 47 C.F.R. §§ 0.111, 0.311, 1.80.

[^10]: *See* 47 C.F.R. § 1.1914.