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 Federal  Communications  Commission 
 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  System  )  NOV  No:  V20043278003  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  Commissions  Rules,  1  to  the  City  of  Point  Hope,  Point  Hope,  Alaska. 

 2.  On  March  22,  2004,  the  Commissions  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 

 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, 
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 4.  Regarding  the  FAA  reported  interference  to  their  RCO  aeronautical  frequency  in  Point  Hope.  This  Office  directs  the  citys  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  Commissions 
 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 

 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). 
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 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 

 10  18  U.  S.  C.    1001  et  seq. 
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