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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                 )
                                )
Mediacom                         )                             
                                ) File Number EB-02-TP-136
Gulf Breeze, Florida             )                             
                                ) NAL/Acct. No. 200232700014
                                )                             
                                  FRN # 0007-2823-12


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released: June 21, 
2002

By the Enforcement Bureau, Tampa Office:          

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),  we  find  that  Mediacom  willfully  and   repeatedly 
violated  Section   76.605(a)(12)  of   the  Commission's   Rules 
(``Rules''),1 and willfully violated 76.611(a) Rules2 by  failing 
to comply with the  Commission's cable signal leakage  standards.  
We find Mediacom apparently liable for a forfeiture in the amount 
of eight thousand dollars ($8,000).

                         II.  BACKGROUND

     2.   On March 13, 2002, a  Commission agent from the  Tampa, 
Florida, Field Office (``Tampa  Office'') inspected a portion  of 
Mediacom's cable system serving Gulf Breeze, Florida to  identify 
leaks and  determine compliance  with  the basic  signal  leakage 
criteria.  The agent  identified and measured  four leaks on  the 
frequency 121.2625  MHz,  ranging  in signal  strength  from  187 
microvolts per meter  (``V/m'') to 3,306  V/m.  Based on  these 
measurements,  the  agent  calculated  the  system's   Cumulative 
Leakage Index  (``CLI'')  at  a  value  of  70.6,  exceeding  the 
allowable cumulative signal leakage performance criteria of  64.3  
(See Attachment A.)

     3.   On the same date, the  FCC agent contacted Mediacom  at 
their  office  in  Gulf  Breeze,  Florida  and  verbally  ordered 
Mediacom to  cease  operation on  aeronautical  band  frequencies 
until the leaks were  repaired and the  system complied with  the 
basic signal  leakage criteria.   The Tampa  Office followed  the 
oral order with a written Order to Cease Operations, delivered by 
facsimile on March 13, 2002.4

     4.   On March 14,  2002, a Commission  agent from the  Tampa 
Office inspected  another  portion  of  Mediacom's  cable  system 
serving Gulf Breeze,  Florida and found  5 additional leaks  that 
exceeded 20 uV/m  in violation  of Section  76.605(a)(12) of  the 
Rules.

     5.   On the same day, a Mediacom official verbally  informed 
the Commission agent  it had  repaired all nine  sites of  signal 
leakage identified  during in  the inspection,  and requested  to 
resume normal operation. A letter  dated March 15, 2002  followed 
Mediacom's request.   The  Tampa office  authorized  Mediacom  to 
conduct short  tests to  evaluate the  effectiveness of  remedial 
measures and to calculate the CLI.

     6.   On March 20, 2002, the  Tampa Office received a  report 
from Mediacom dated March 19, 2002, describing the actions  taken 
to bring  Mediacom's  Gulf  Breeze,  Florida  cable  system  into 
compliance with  the CLI  requirements.  The  report stated  that 
75.8% of the  cable plant was  inspected from March  13, 2002  to 
March 18,  2002.  In  its report,  Mediacom submitted  copies  of 
maintenance logs where it acknowledged finding at least 144 leaks 
with signal strength above 50 V/m.   Three of these leaks had  a 
signal strength  of 1,000  V/m.  Mediacom  also reported  a  CLI 
value of  69.35 before  repairs and  60.19 after  conducting  the 
repairs. Finally, Mediacom stated in  its report the Gulf  Breeze 
system was  in  compliance  with  the  leakage  requirements  and 
requested permission  to  resume normal  operations.   The  Tampa 
Office granted Mediacom's request to resume normal operations.

     7.     On April 3, 2002, the Tampa Office issued an Official 
Notice of  Violation (``NOV'')  to Mediacom  citing violation  of 
Section 76.605(a)(12).  In its April 10, 2002, reply to the  NOV, 
Mediacom stated  that its  technician repaired  all the  leakages 
detected during the field agent's inspections on March 13 and 14, 
2002.

                        III.  DISCUSSION

     8.   The Commission  has  established cable  signal  leakage 
rules to  control  emissions  that could  cause  interference  to 
aviation  frequencies   from  cable   systems.   Protecting   the 
aeronautical  frequencies5  from   harmful  interference  is   of 
paramount importance.6  To  this end, the Commission  established 
basic signal leakage standards.7   The Commission has  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 
must not exceed 20  mV/m at a distance  of at least three  meters 
from the leak.8  Second, the Commission 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'').   The  Commission  requires 
annual measurement  of  each  system's CLI  to  demonstrate  safe 
levels of signal leakage,9 the results of which must be  reported 
to the  Commission.10    The  Commission  also  requires  routine 
monitoring of  the system  to detect  leaks.11  Whenever  harmful 
interference occurs,  the cable  system operator  must  eliminate 
it.12   Further,   should  the   harmful  interference   not   be 
eliminated, the Commission will intervene and require  suspension 
of operation of the portion  of the system involved or  reduction 
of power13 below the  levels specified in  section 76.610 of  the 
Commission's Rules.14

     9.   Commission  field   agents  regularly   inspect   cable 
television systems to determine compliance with the  Commission's 
cable signal leakage rules.  On March  13 and 14, 2002, an  agent 
from the  Tampa Office  inspected the  cable system  operated  by 
Mediacom in  Gulf  Breeze,  Florida.  On  that  date,  the  agent 
determined that, at 4 locations, cable signal leakage on 121.2625 
MHz exceeded 20 mV/m at a distance of at least three meters  from 
each leak, in  violation of Section  76.605(a)(12) of the  Rules.  
On the same date,  the agent also found  that the system did  not 
conform to the cumulative signal leakage performance criteria, in 
violation of Section 76.611(a) of the Rules.  On March 14,  2002, 
the agent determined  that, at  5 other  locations, cable  signal 
leakage on 121.2625  MHz exceeded  20 mV/m  at a  distance of  at 
least three  meters  from  each leak,  in  violation  of  Section 
76.605(a)(12) of the Rules. 

     10.  Based on the evidence before us, we find that on  March 
13, and March  14, 2002, Mediacom   repeatedly15 and  willfully16 
violated Section 76.605(a)(12) of the  Rules by failing to  limit 
signal leakage from its cable television system to the  specified 
amount.     We  also  find  that  on  March  13,  2002,  Mediacom 
willfully violated Section  76.611(a) of the  Rules by  exceeding 
the allowed cumulative signal leakage performance criteria on its 
cable television system.

     11.  Pursuant to  Section  1.80(b)(4)  of  the  Commission's 
Rules, the base forfeiture amount  for the violation(s) cited  in 
this  notice   is  $8,000.17     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.''18  
Considering the entire record and applying the statutory  factors 
listed above, this case warrants a $8,000 forfeiture.

                      IV.  ORDERING CLAUSES

     12.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act19 and Sections  0.111, 0.311 and  1.80 of  the 
Commission's Rules,20 Mediacom is hereby NOTIFIED of its APPARENT 
LIABILITY FOR  A  FORFEITURE  in the  amount  of  eight  thousand 
dollars ($8,000) for willfully  and repeatedly violating  Section 
76.605(a)(12) of  the  Rules,  and  willfully  violating  Section 
76.611(a) of the Rules.

     13.   IT IS FURTHER ORDERED  THAT, pursuant to Section  1.80 
of the Commission's Rules, within thirty days of the release date 
of this NAL, Mediacom SHALL PAY  the full amount of the  proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

     14.   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 FRN and NAL/Acct. No. referenced in the letterhead above.

     15.   The  response,  if  any, must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
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.

     16.   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.

     17.   Requests for payment  of the full  amount of this  NAL 
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. 
20554.21

     18.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Mediacom at 1101 Gulf Breeze Parkway, Suite 305, Gulf  Breeze, 
Florida 32561.



                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              Ralph M. Barlow
                              District   Director,    Enforcement 
Bureau
Mediacom, Gulf Breeze, Florida                         NAL Acct. 
                        No. 200232700014

                          ATTACHMENT A



    FIELD STRENGTH MEASUREMENTS OF MEDIACOM, GULF BREEZE, FL

  MEASUREMENT DATE:  MARCH 13 AND 14, 2002          FREQUENCY:  
                          121.2625 MHZ



               Measurement Location               Leakage Field 
                                                 Strength, V/m
1     Buried cable next to residence at #84            745
               Chanteclaire Circle
2    Pole at corner of Belden Lane and Villa           187
                   Wood Circle
3    Pole in front of ``Pensacola Pools'' at           214
             3480 Gulf Breeze Parkway
4     Pedestal in front of residence at 3531          3306
        Southwind Drive, Sea Breeze Villas
5       Pedestal next to residence at 3587             367
        Southwind Drive, Sea Breeze Villas
6   Pedestal next to residence at 1423 El Rito         40
                      Drive
7    Buried cable next to mailbox in front of          400
         residence at 1423 El Rito Drive
8   Pole next to commercial strip building at          84
             3222 Gulf Breeze Parkway
9      Pedestal or buried cable in front of            400
       residence at #82 Chanteclaire Circle

_________________________

1 47 C.F.R.  76.605(a)(12)
2 47 C.F.R.  76.611(a)
3 A maximum CLI of 64 is the basic signal leakage performance 
criteria of Section 76.611(a)(1) of the rules.  Leakage that 
exceeds this level is deemed to pose a serious threat to air 
safety communications
4  See 47 C.F.R. 76.613(c). 
5 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 and 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 (ELT) on planes 
and Emergency Position Indicating Radio Beacons (EPIRB) on boats.  
See generally 47 C.F.R. Part 80, Subpart V and 47 C.F.R.  
87.193-87.199.
6 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).
7 Memorandum Opinion and Order, Amendment of Part 76 of the 
Commission's Rules to Add Frequency Channeling Requirements and 
restrictions and to require Monitoring for Signal Leakage from 
Cable Television Systems, Docket No. 21006, 101 F.C.C.2d 117, 
para. 14 (1985).
8 47 C.F.R. 76.605(a)(12).
9 47 C.F.R. 76.611(a).
10 47 C.F.R. 76.1804(g).
11 47 C.F.R. 76.614.
12 47 C.F.R. 76.613(b).
13 47 C.F.R. 76.613(c).
14 47 C.F.R. 76.610.
15 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies equally to Section 503(b) of the Act, provides that 
``[t]he term `repeated,' when used with reference to the 
commission or omission of any act, means the commission or 
omission of such act more than once or, if such commission or 
omission is continuous, for more than one day.''
16 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).
17 47 C.F.R.  1.80(b)(4)
18 47 U.S.C.  503 (b)(2)(D)
19 47 U.S.C.  503(b).
20 47 C.F.R.  0.111, 0.311, 1.80.
21 See 47 C.F.R.  1.1914.