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 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of 
 James  C.  Bilbrey  ET  AL  Overton  County  Cable  TV 
 712  East  Main  Street  Livingston,  Tennessee 

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 File  Number  EB-  02-  AT-  266  NAL/  Acct.  No.  200232480015 
 FRN  0007-  5632-  24 

 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 
 Commissions  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  Overtons  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  (V/  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  V/  m  to  1055  V/  m.  Based  on  these  measurements,  the  agent  calculated  the  systems  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  V/  m  at  a  distance  of  3  meters.  On 

 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  V/  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. 
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 July  10,  2002,  Overton  exceeded  this  limit  at  sixteen  locations  on  its  system  in  Livingston,  Tennessee.  Section  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,  Overtons  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 
 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. 
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 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  petitioners  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 

 10  See  47  C.  F.  R.    1.1914. 
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 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,  V/  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 
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