**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

Certified Mail \# 7000 0250 0021 4662 8122

Return Receipt Requested

In the Matter of

  ---------------------------------- --- ---------------------------------
                                     )   

  City of Point Hope                 )   File No: EB-04-AN-006

                                     )   

  Unregistered Cable Television      )   NOV No: V20043278003
  System                                 

  Point Hope, Alaska                 )   

                                     )   
  ---------------------------------- --- ---------------------------------

NOTICE OF VIOLATION

Released: April 2, 2004

By the Anchorage Resident Agent Office, Enforcement Bureau:

1.  This is a Notice of Violation (\"Notice\") issued pursuant to
    Section 1.89 of the Commission's Rules,[^1] to the City of Point
    Hope, Point Hope, Alaska.

2.  On March 22, 2004, the Commission's Anchorage Resident Agent Office
    received a report from FAA engineers that a cable television system
    was interfering with the FAA RCO aeronautical frequency of 122.250
    MHz, in Point Hope, Alaska.

3.  Statements by the Acting Mayor of Point Hope and the technician for
    the cable system admit the cable system does cross public
    rights-of-way and is carrying signals other/more than local
    television broadcast stations[^2] as are the definitions under
    Section 76.5(a)(1) and (2)[^3] of the Rules and therefore requires
    the cable system be registered with the Commission. A search of
    Commission records shows that the cable system in Point Hope, Alaska
    is not registered and therefore the violation:

> 47 C.F.R. § 76.1801(a): "A system community unit shall be authorized
> to commence operation only after filing with the Commission the
> information required on FCC Form 322." *See also* Sections
> 76.1801(a)(1) -- (7), (b) and (c).[^4]^,^[^5]

4.  Regarding the FAA reported interference to their RCO aeronautical
    frequency in Point Hope. This Office directs the city's principal or
    officer attention to Section 76.610 of the Commissions Rules.[^6]
    This Section states, in part, that any operation of any cable system
    using aeronautical frequencies must comply with the provisions of
    Sections 76.611, 76.612, 76.613, 76.614, 76.1803, 76.1804 and
    76.1706 by reference of the Commissions Rules.[^7] These Sections
    delineate the requirements for startup of and continued operations
    of a cable system that utilizes aeronautical frequencies, regular
    programmed scheduled monitoring of the system for leakage, offset
    channel standards, and a requirement to act promptly and take
    appropriate corrective measures to eliminate harmful interference to
    radio communications involving the safety of life and protection of
    property and logging of cable leakage monitoring and repairs related
    to leakage. The aeronautical service is a safety service.

5.  In addition, the City of Point Hope cable operation also requires
    the installation of specific Emergency Alert System (EAS) equipment
    if not already accomplished. See 47 C.F.R. § 11.1 *et seq*. Waivers
    are granted on a case-by-case basis upon the filing of a waiver
    request with the Commission that includes a showing of financial
    hardship. *Amendment of Part 73, Subpart G, of the Commission's
    Rules Regarding the Emergency Broadcast System,* Second Report and
    Order, 12 FCC Rcd 15503, 15513 (1997).

6.  Pursuant to Section 308(b) of the Communications Act of 1934, as
    amended,[^8] and Section 1.89 of the Commission\'s Rules, the City
    of Point Hope, Alaska, 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 the City of Point Hope. 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
>
> Enforcement Bureau
>
> Anchorage Resident Agent Office
>
> P.O. Box 221849
>
> Anchorage, Alaska 99522-1849

7.  This Notice shall be sent by certified mail; return receipt
    requested, to City of Point Hope, P.O. Box 169, Point Hope, AK
    99766.

8.  The Privacy Act of 1974[^9] 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.[^10]

FEDERAL COMMUNICATIONS COMMISSION

David J. Charlton

Resident Agent

Anchorage Resident Agent Office

[^1]: 47 C.F.R. § 1.89.

[^2]: 47 C.F.R. §§ 73.606 & 73.622; Table of Allotments for local
    television stations. There are no television broadcast channel
    assignments for Point Hope, Alaska.

[^3]: 47 C.F.R. § 76.5(a)(1) and (2).

[^4]: 47 C.F.R. § 76.1801(a), (b) and (c) inclusive.

[^5]: *See also,* 47 C.F.R. § 76.1802 Equal Employment Opportunity, 47
    C.F.R. § 76.1803 Signal Leakage Monitoring, 47 C.F.R. § 76.1804
    Aeronautical Frequencies: Leakage Monitoring (CLI); associated FCC
    Form 321 for operations in the aeronautical bands of 108 -- 137 and
    225 -- 400 MHz and 47 C.F.R. § 11.1 *et seq* for Emergency Alert
    System equipment, procedures and requirements.

[^6]: 47 C.F.R. § 76.610 *et seq*

[^7]: 47 C.F.R. §§ 76.611, 76.612, 76.613, 76.614, 76.1803, 76.1804 and
    76.1706

[^8]: 47 U.S.C. § 308(b).

[^9]: P.L. 93-579, 5 U.S.C. § 552a(e)(3).

[^10]: 18 U.S.C. § 1001 *et seq.*