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 Federal  Communications  Commission 
 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  Commissions  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 
 FAAs  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: 

 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. 
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 Federal  Communications  Commission 
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 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  citys  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 
 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. 
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 Federal  Communications  Commission 
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 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 
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