Before the

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of                 | * | File Number EB-02-AT-275     |
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| Valley Cable TV, Inc.            | ) | NAL/Acct. No. 200232480017   |
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| POB 508                          | * | FRN 0006-1529-20             |
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| 602 College Street               | * |                              |
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| Fort Valley, Georgia 31030       | ) |                              |
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FORFEITURE ORDER

#  {#section .unnumbered}

> **Adopted: October 27, 2003 Released: October 29, 2003**

By the Chief, Enforcement Bureau:

# Introduction

1.  In this *Forfeiture Order* ("*Order*"), we issue a monetary
    forfeiture in the amount of eight thousand dollars (\$8,000) to
    Valley Cable TV, Inc., ("Valley") for willful and repeated
    violations of Sections 76.605(a)(12) and 76.611(a)(1) of the
    Commission's Rules ("Rules")[^1]. The noted violations involve
    excessive cable signal leakage.

2.  On September 3, 2002, the District Director of the Commission's
    Atlanta, Georgia Field Office ("Atlanta Office") released a *Notice
    of Apparent Liability for Forfeiture* ("*NAL*") to Valley in the
    amount of \$8,000.[^2] Valley filed its response to the *NAL* on
    October 2, 2002.

# background

3.  The Commission established cable signal leakage rules to control
    emissions that could cause interference to aviation frequencies from
    cable systems. Protecting the aeronautical frequencies [^3] from
    harmful interference is of paramount importance.[^4] To this end,
    the Commission established basic signal leakage standards.[^5] We
    have determined the tolerable levels of unwanted signals on the
    aeronautical frequencies in two ways. Signal leakage levels that
    exceed these thresholds are considered harmful interference. First,
    leakage at any given point must not exceed 20 microvolts per meter
    (µV/m).[^6] Second, we set basic signal leakage performance criteria
    for the system as a prerequisite for operation on aeronautical
    frequencies. This is the system's Cumulative Leakage Index ("CLI").
    We require annual measurement of each system's CLI to demonstrate
    safe levels of signal leakage (a CLI of less than 64),[^7] the
    results of which must be reported to us.[^8] We also require routine
    monitoring of the system to detect leaks.[^9] Whenever harmful
    interference occurs, the cable system operator must eliminate
    it.[^10] Further, should the harmful interference not be eliminated,
    we will intervene and require cessation of operation of the portion
    of the system involved or reduction of power[^11] below the levels
    specified in Section 76.610 of the Rules.[^12]

4.  On July 23 and 25, 2002, an agent from the Atlanta Office conducted
    a cable television signal leakage inspection of Valley's cable
    system located in Fort Valley, Georgia. The agent found that at 31
    locations cable signal leakage on the frequency 121.2625 MHz
    significantly exceeded 20 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 from165 µV/m to 983 µV/m. Based
    on these measurements, the agent calculated the system's CLI at a
    value of 68.3, exceeding the allowed CLI performance criteria of 64,
    in violation of Section 76.611(a)(1) of the Rules.

5.  On July 25, 2002, the Atlanta Office issued an Order to Cease
    Operations, pursuant to Section 76.613(c) of the Rules.[^13] The
    system resumed normal operation on July 26, 2002, after being
    brought into compliance. The Atlanta Office issued a *NAL* on
    September 3, 2002, to Valley for violation of Sections 76.605(a)(12)
    and 76.611(a)(1) of the Rules.

6.  Valley responded to the *NAL* on October 2, 2002. Valley stated
    that, due to extenuating circumstances, it had been negligent in its
    monitoring of its cable system for signal leakage during the
    previous two years. Valley stated that while correcting signal leaks
    it discovered that more than 15 of the large leaks were the result
    of theft of service, which it subsequently reported to the local
    police, and requested that the Commission consider reducing the
    forfeiture as a result. Valley provided no other information in its
    response regarding the signal leakage.

# Discussion

7.  The Commission assessed the proposed forfeiture amount in this case
    in accordance with Section 503(b) of the Communications Act of 1934,
    as amended ("Act"),[^14] Section 1.80 of the Rules,[^15] and *The
    Commission's Forfeiture Policy Statement and Amendment of Section
    1.80 of the Rules to Incorporate the Forfeiture Guidelines*, 12 FCC
    Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999)
    ("*Forfeiture Policy Statement*"). Section 503(b) of the Act
    requires that, in examining Valley's response, the Commission 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.[^16]

8.  Valley does not dispute the violations alleged by the *NAL,* but
    requests that the proposed monetary forfeiture be reduced because 15
    of the large leaks were the result of theft of service.[^17] Section
    312(f)(1) of the Act,[^18] 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
    ...."[^19] 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.[^20] Regardless of the reason for
    the cable leaks, Valley is responsible for due diligence in
    maintaining its system and preventing or minimizing leakage. Had it
    done so, it would have discovered and repaired the offending leaks,
    regardless of their cause, prior to our inspection of the cable
    system.

9.  The Commission's leakage rules are designed to protect aircraft
    safety communications from harmful interference.  Based on the facts
    before us, we find that Valley willfully and repeatedly violated
    those rules. We are, therefore, not persuaded that the proposed
    forfeiture should be reduced.

10. We have examined Valley's response to the *NAL* pursuant to the
    statutory factors above, and in conjunction with the *Policy
    Statement* as well. As a result of our review, we conclude that
    Valley willfully and repeatedly violated Sections 76.605(a)(12) and
    76.611(a)(1) of the Rules, and find no basis for cancellation or
    reduction of the proposed \$8,000 monetary forfeiture.

# Ordering clauses

11. Accordingly, **IT IS ORDERED THAT**, pursuant to Section 503(b) of
    the Act and Section 1.80(f)(4) of the Rules,[^21] Valley Cable TV,
    Inc., **IS LIABLE FOR A MONETARY FORFEITURE** in the amount of eight
    thousand dollars (\$8,000) for willful and repeated violation of
    Sections 76.605(a)(12) and 76.611(a)(1) of the Rules.

12. Payment of the forfeiture shall be made in the manner provided for
    in Section 1.80 of the Rules within 30 days of the release of this
    *Order*. If the forfeiture is not paid within the period specified,
    the case may be referred to the Department of Justice for collection
    pursuant to Section 504(a) of the Act.[^22] Payment shall be made by
    mailing a check or similar instrument, payable to the order of the
    "Federal Communications Commission," to the Federal Communications
    Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The
    payment should note NAL/Acct. No. 200232480017, and FRN
    0006-1529-20. Requests for full payment under an installment plan
    should be sent to: Chief, Revenue and Receivables Operations Group,
    445 12^th^ Street, S.W., Washington, D.C. 20554.[^23]

13. **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by Certified Mail, Return Receipt Requested, and by First Class Mail
    to Robert Barnes, VP Operations, Valley Cable T.V., Inc., 602
    College Street, PO Box 508, Fort Valley, Georgia 31030.

> **FEDERAL COMMUNICATIONS COMMISSION**
>
> David H. Solomon
>
> Chief, Enforcement Bureau

[^1]: 47 C.F.R. §§76.605(a)(12), 76.611(a)(1).

[^2]: *Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    200232480017 (Enf. Bur., Atlanta Office, released September 3,
    2002).

[^3]: The aeronautical bands are 108-137 MHz and 225-400 MHz. These
    frequencies encompass both radionavigation frequencies, 108--118 MHZ
    and 328.6--335.4 MHz, and communications frequencies, 118--137 MHz,
    225--328.6 MHz and 335.4--400 MHz. Deserving particular protection
    are the international distress and calling frequencies 121.5 MHz,
    156.8 MHz, and 243 MHz. *See* 47 C.F.R. §76.616. These frequencies
    are critical for Search and Rescue Operations including use by
    Emergency Locator Transmitters on planes and Emergency Position
    Indicating Radio Beacons on boats. *See generally* 47 C.F.R. Part
    80, Subpart V and 47 C.F.R. §§87.193--87.199.

[^4]: Harmful interference includes any interference that "endangers the
    functioning of a radionavigation service or of other safety
    services." *See* 47 C.F.R. §§2.1 & 76.613(a).

[^5]: *Memorandum Opinion and Order*, *Amendment of Part 76 of the
    Commission's Rules to Add Frequency Channelling Requirements and
    restrictions and to require Monitoring for Signal Leakage from Cable
    Television Systems*, Docket No. 21006, 101 FCC 2d 117, para. 14
    (1985) (*hereinafter* MO&O).

[^6]: 47 C.F.R. §76.605(a)(12).

[^7]: 47 C.F.R. §76.611(a).

[^8]: 47 C.F.R. §76.1804(g).

[^9]: 47 C.F.R. §76.614.

[^10]: 47 C.F.R. §76.613(b).

[^11]: 47 C.F.R. §76.613(c).

[^12]: 47 C.F.R. §76.610.

[^13]: ^13^ 47 C.F.R. §76.613(c).

[^14]: 47 U.S.C. § 503(b).

[^15]: 47 C.F.R. § 1.80.

[^16]: ^16^ 47 U.S.C. § 503(b)(2)(D).

[^17]: Valley also states in its response that it is a "small company,"
    but does not directly request consideration based on, or provide
    supportive financial documentation demonstrating an inability to
    pay. *See* *NAL* at para. 10 and *also* 47 C.F.R. § 1.80(b)(4)
    ("Downward Adjustment Criteria").

[^18]: 47 U.S.C. § 312(f)(1).

[^19]: *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^20]: 47 U.S.C. § 312(f)(2).

[^21]: 47 C.F.R. § 1.80(f)(4).

[^22]: 47 U.S.C. § 504(a).

[^23]: 47 C. F. R. § 1.1914