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

In the Matter of                 )
                                )
Comcast Cablevision of the       )       File Number EB-02-AT-213
South                            )     NAL/Acct. No. 200232480006
1500 Market St. - 35th FL        )             FRN  0001-6167-70
Philadelphia, PA 19102           )
                                )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                         Released:  June 10, 2002

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find  that  Comcast  Cablevision   of  the  South   (``Comcast'') 
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  Rules2 relating to  cable television  signal 
leakage. We conclude  that Comcast  Cablevision of  the South  is 
apparently liable  for  a  forfeiture  in  the  amount  of  eight 
thousand dollars ($8,000).

                         II.  BACKGROUND

     2.  On  May 14,  2002,  an agent  from the  FCC  Enforcement 
Bureau's Atlanta Field Office conducted a cable television signal 
leakage inspection of Comcast's  cable system located in  Etowah, 
Tennessee.  The  agent found  that,  at twenty  locations,  cable 
signal  leakage  on  the  frequency  121.2625  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  348 
V/m to  887  V/m.   Based  on  these  measurements,  the  agent 
calculated the system's cumulative  leakage index (``CLI'') at  a 
value of 68.3,  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 May 14, 2002,  Comcast exceeded this limit at  twenty 
locations  on   its  system   in  Etowah,   Tennessee.    Section 
76.611(a)(1) of the Rules requires  cable operators to limit  the 
CLI to a value at or below 64.  On May 14, 2002, Comcast's  cable 
system in Etowah, Tennessee operated with a CLI value of 68.3.

     4.  Based on the evidence before us, we find that on May 14, 
2002, Comcast Cablevision of the South willfully4 and repeatedly5 
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  Act8 and  Sections 0.111,  0.311 and  1.80 of  the 
Rules,9 Comcast Cablevision  of the South  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, Comcast  Cablevision of  the 
South 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  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.

     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 Certified Mail Return Receipt 
Requested to Comcast Cablevision of the South at 1500 Market  St. 
- 35th FL,  Philadelphia, PA  19102. An additional  copy of  this 
Notice shall be sent to Comcast  Cablevision of the South at  408 
South White Street, Athens, TN 37303.



                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              Fred L. Broce
                              District Director
                              Atlanta Office, Enforcement Bureau

              

                         
Comcast Cablevision of the South                       NAL Acct. 
                        No. 200232480006

                          ATTACHMENT A



 FIELD STRENGTH MEASUREMENTS OF COMCAST CABLEVISION, ETOWAH, TN

MEASUREMENT DATE:  MAY 14, 2002         FREQUENCY:  121.2625 MHZ



             Measurement Location              Leakage Field 
                                               Strength, V/m
 1     Highway 411 South, just South of             887
              Dennis 411 Roofing
 2          2079 Highway 411 South                  806
 3          2109 Highway 411 South                  565
 4          2179 Highway 411 South                  678
 5      10th St. between Pennsylvania &             348
                Georgia Avenues
 6    Circle Drive Apartment Loop Complex           887
 7     Pole across from 929 Bledsoe Dr.             839
 8             1121 Bledsoe Dr.                     566
 9     7th St. between Indiana & Georgia            450
                    Avenues
10     4th St. between Indiana & Georgia            402
                    Avenues
11     4th St. between Ohio & Washington            485
                    Avenues
12     Pole at Bryant St. @ Vermont Ave.            565
13           613 - 625 Stalans Dr.                  451
14               716 Brookhill                      565
15             1206 Vermont Ave.                    402
16      Pole across from 205 Gentry St.             348
17       Across from 1212 Hoffman Ave.              402
18      Georgia Ave. between 5th & 6th              368
                    Streets
19      Indiana Ave. between 8th & 9th              434
                    Streets
20            701 Tennessee Ave.                    679




_________________________

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 12 miles or 55% of the system 
inspected, and assumed no leaks in the 45% 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.