**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number EB-02-AT-266        |
|                                  |   |                                 |
| James C. Bilbrey ET AL           | ) | NAL/Acct. No. 200232480015      |
|                                  |   |                                 |
| Overton County Cable TV          | ) | FRN 0007-5632-24                |
|                                  |   |                                 |
| 712 East Main Street             | ) |                                 |
|                                  |   |                                 |
| Livingston, Tennessee            | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

### Released: August 26, 2002

By the Enforcement Bureau, Atlanta Office:

**I.** **INTRODUCTION**

1\. In this *Notice of Apparent Liability for Forfeiture*, we find that
James C. Bilbrey ET AL, Overton County Cable TV ("Overton") 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
James C. Bilbrey ET AL, Overton County Cable TV is apparently liable for
a forfeiture in the amount of eight thousand dollars (\$8,000).

**II.** **BACKGROUND**

2\. On July 10, 2002, an agent from the FCC Enforcement Bureau\'s
Atlanta Field Office conducted a cable television signal leakage
inspection of Overton's cable system located in Livingston, Tennessee.
The agent found that, at sixteen locations, cable signal leakage on the
frequency 121.275 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 652 µV/m to 1055 µV/m. Based on these measurements, the
agent calculated the system's cumulative leakage index ("CLI") at a
value of 70.6, 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 10, 2002, Overton
exceeded this limit at sixteen locations on its system in Livingston,
Tennessee. SSSection 76.611(a)(1) of the Rules requires cable operators
to limit the CLI to a value at or below 64. On July 10, 2002, Overton's
cable system in Livingston, Tennessee operated with a CLI value of 70.6.

4\. Based on the evidence before us, we find that on July 10, 2002,
James C. Bilbrey ET AL, Overton County Cable TV willfully[^4] and
repeatedly[^5] violated Section 76.605(a)(12) of the Rules, and
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] James C.
Bilbrey ET AL, Overton County Cable TV 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*, James C. Bilbrey ET AL, Overton County
Cable TV 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 James C. Bilbrey ET AL, Overton County Cable TV, at
712 East Main Street,, Livingston, TN 38570.

FEDERAL COMMUNICATIONS COMMISSION

Fred L. Broce

District Director

Atlanta Office, Enforcement Bureau

James C. Bilbrey, Overton County Cable TV NAL Acct. No. 200232480015

ATTACHMENT A

FIELD STRENGTH MEASUREMENTS OF OVERTON COUNTY CABLE TV, LIVINGSTON, TN

MEASUREMENT DATE: JULY 10, 2002 FREQUENCY: 121.275 MHZ

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

  1    E. Cedar St. @ Windle St.                 980

  2    Pole at 207 E. Cedar St.                  667

  3    Sevier St. @ Tayes St.                    756

  4    210 Keaton St.                            697

  5    218 Tanglewood St.                        832

  6    205 Bussell St.                           1010

  7    613 Burgess St.                           936

  8    607 Burgess St.                           907

  9    E. 7^th^ St. @ Preston St.                712

  10   Across from 813 Preston St.               890

  11   808 N. Goodpasture St.                    832

  12   E. 7^th^ St. @ Oak Heights                1055

  13   Water St. @ Hi-Tech Drive                 652

  14   Oak St. @ College St.                     996

  15   Just West of 932 W. 6^th^ St.             682

  16   Hi-Tech Drive @ Apple Drive               727
  ---- ----------------------------------------- ------------------------

[^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 10 miles or 6% of the system inspected,
    and assumed no leaks in the 94% 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.