**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

Certified Mail \# 7000 0520 0021 4662 8719

Return Receipt Requested

In the Matter of

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

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

  Point Hope, Alaska                 )   

                                     )   NOV No: V20043278005

  Failure to Respond to Commission   )   
  Notice                                 

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

NOTICE OF VIOLATION

Released: May 14, 2004

By the Anchorage Resident Agent Office, Western Region, 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 April 4, 2004, this Office released a Notice to the City of Point
    Hope, Alaska for an unregistered operating cable television system
    ("CATV") in violation of 47 C.F.R. § 76.1801(a).[^2] The City of
    Point Hope was given 20 days from the release date to respond. Copy
    attached for your reference.

3.  On May 7, 2004, a Commission agent discussed with the Acting Mayor
    the non-response to a Commission notice issue, registering the CATV
    system and the on-going sporadic interference the FAA's RCO
    aeronautical frequency of 122.250 MHz continues to receive from the
    CATV system.[^3] The agent stressed to the Acting Mayor the
    importance of keeping the aeronautical band CATV modulators (CATV
    channels 14, 15 and 16) turned off and locked out from unauthorized
    personnel until such time repairs and proofing of the system are
    affected and the interference to the FAA system mitigated. Failure
    to do so could potentially result in a monetary forfeiture or other
    enforcement action.

4.  To date the Commission has not received a reply to the Notice and
    therefore the violation:

> 47 C.F.R. § 1.89(b): "Within 10 days from the receipt of the notice or
> such other period as may be specified, the recipient shall send a
> written answer, in duplicate, directly to the Commission office
> originating the official notice."

5.  Again, this Office directs the city's principal or officer attention
    to Section 76.610 of the Commissions Rules.[^4] 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.[^5] 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.

6.  Pursuant to Section 308(b) of the Communications Act of 1934, as
    amended,[^6] 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[^7] 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.[^8]

FEDERAL COMMUNICATIONS COMMISSION

David J. Charlton

Resident Agent

Anchorage Resident Agent Office

Western Region

Enforcement Bureau

Encl: Notice of Violation, File EB-04-AN-006; NOV No. V20043278003

[^1]: 47 C.F.R. § 1.89.

[^2]: Notice of Violation, File No. EB-04-AN-006, NOV No. V20043278003,
    Released April 4, 2004, by the Anchorage Resident Agent Office,
    Western Region, Enforcement Bureau.

[^3]: The FAA continues to report sporadic interference from the cable
    system to the point that, by way of a Notice to Airmen (NOTAM),
    logged their RCO system/frequency at Point Hope "out of service" on
    May 6, 2004. This places a severe safety hazard upon the flying
    public and hinders the effective operations of the FAA in Point Hope
    and the surrounding communities/areas.

[^4]: 47 C.F.R. § 76.610 *et seq*

[^5]: 47 C.F.R. §§ 76.611, 76.612, 76.613, 76.614, 76.1803, 76.1804 and
    76.1706

[^6]: 47 U.S.C. § 308(b).

[^7]: P.L. 93-579, 5 U.S.C. § 552a(e)(3).

[^8]: 18 U.S.C. § 1001 *et seq.*