Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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


In the Matter of                   )      File Number EB-02-TP-386
                                                             )
AT&T Broadband                     )     NAL/Acct. No.200332700018
Operator of Cable Television       )
System FL0398, PSID 005852         )                FRN 0007645823
Jacksonville, Florida


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                    Released: March 24, 2003

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''),  we  find AT&T  Broadband  apparently 
liable  for a  forfeiture in  the amount  of eight  thousand 
dollars  ($8,000)  for  willful and  repeated  violation  of 
Sections 76.605(a)(12) and  76.611(a)(1) of the Commission's 
Rules  (``Rules'')1.  Specifically,  we find  AT&T Broadband 
apparently   liable  for   failing   to   comply  with   the 
Commission's cable signal leakage standards.

                         II.  BACKGROUND

     2.   On  August  7  and  8, 2002,  agents  of  the  FCC 
Enforcement Bureau's  Tampa Field Office  (``Tampa Office'') 
inspected a portion of AT&T Broadband's cable system serving 
Jacksonville,  Florida  to   identify  leaks  and  determine 
compliance  with the  basic  signal  leakage criteria.   The 
agents identified and measured twelve leaks on the frequency 
121.2625 MHz, ranging in  signal strength from 51 microvolts 
per  meter  (``V/m'')  to   2,442  V/m.   Based  on  these 
measurements, the agents  calculated the system's Cumulative 
Leakage Index  (``CLI'') at a  value of 70.9,  exceeding the 
allowable cumulative signal  leakage performance criteria of 
64.2  (See Attachment B.)

     3.   On August  9, 2002, the  FCC agents met  with AT&T 
Broadband staff at their office in Jacksonville, Florida and 
verbally  ordered  AT&T  Broadband  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 
August 9, 2002.3  

     4.  In  accordance with the Order  to Cease Operations, 
AT&T Broadband was required to  complete an inspection of at 
least 75%  of the system's  cable plant, make  the necessary 
repairs to  bring the  system into  compliance and  submit a 
report of their findings.   AT&T Broadband complied with the 
Order to Cease Operations  and requested authority to resume 
operations later  that same day.   In their report,  over 75 
additional  signal leaks  were  reported  that exceeded  the 
basic signal leakage criteria.

                      III.  DISCUSSION

     5. 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  August  7 and  8,  2002, AT&T  Broadband 
exceeded this  limit at  twelve locations  on its  system in 
Jacksonville,  Florida. Section  76.611(a)(1)  of the  Rules 
requires cable operators  to limit the CLI to a  value at or 
below 64.  On  August 7 and 8, 2002,  AT&T Broadband's cable 
system in Jacksonville, Florida operated with a CLI value of 
70.9.  Furthermore,  based on AT&T Broadband's  discovery of 
over  75 additional  signal  leaks in  excess  of the  basic 
signal leakage criteria, the CLI value exceeded 74.

     6.  Based  on the evidence  before us, we find  that on 
August  7  and  8,   2002,  AT&T  Broadband  willfully4  and 
repeatedly5 violated Sections 76.605(a)(12) and 76.611(a)(1) 
of the Rules. 

     7.  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   In  assessing   the  monetary 
forfeiture  amount,  we  must  also take  into  account  the 
statutory factors  set forth in Section  503(b)(2)(D) of the 
Communications  Act of  1934,  as  amended (``Act''),  which 
include 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  applying  the  factors 
listed above, this case warrants an $8,000 forfeiture.

                      IV.  ORDERING CLAUSES

     8.   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  AT&T Broadband  is hereby  NOTIFIED of 
this APPARENT  LIABILITY FOR A  FORFEITURE in the  amount of 
eight  thousand dollars  ($8,000) for  willful and  repeated 
violation of Sections 76.605(a)(12)  and 76.611(a)(1) of the 
Rules.

     9.   IT  IS FURTHER  ORDERED THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL,  AT&T Broadband SHALL  PAY the full amount  of the 
proposed  forfeiture  or  SHALL  FILE  a  written  statement 
seeking   reduction   or   cancellation  of   the   proposed 
forfeiture.

     10.  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 should note the NAL/Acct. No. and FRN referenced 
above.  Requests for payment of  the full amount of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.10

     11.  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. referenced above.  

     12.   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.

     13.  Under  the Small Business Paperwork  Relief Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or  in a separate filing  to be sent to  the Technical & 
Public Safety Division.   Your certification should indicate 
whether   you,  including   your  parent   entity  and   its 
subsidiaries, meet one  of the definitions set  forth in the 
list provided by the FCC's Office of Communications Business 
Opportunities  (OCBO)  set forth  in  Attachment  A of  this 
Notice of Apparent Liability.  This information will be used 
for  tracking purposes  only.  Your  response or  failure to 
respond to this question will  have no effect on your rights 
and  responsibilities  pursuant  to Section  503(b)  of  the 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990.
     
     14.   IT IS  FURTHER ORDERED  THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested  to AT&T  Broadband, 5934  Richard Street, 
Jacksonville, FL 32216.  

                         FEDERAL COMMUNICATIONS COMMISSION


                         Ralph M. Barlow
                         District Director
                         Tampa  Field   Office,  Enforcement 
Bureau


Attachments                                                ATTACHMENT B



   System Location: Jacksonville, FL   System PSID:  Frequency: 121.2625 
                                          005852             MHz
Inspection Date(s): 8/7/2002 & 
8/8/2002



Measurement Location                                 Signal Leakage Field 
                                                           Strength 
                                                      (V/m @ 3 meters)

Across Street from 7657 Old Middleburg                       122
Rd S  Pole #7658
6001 Old Middleburg Rd S Pole #5977                          224
7541 Brett Forest Dr Pole #7539                              153
7220 Bunion Dr Pole #7346                                    102
7238 Bunion Dr Pole #7250                                    142
SE Corner Camfield St  /Hipps Rd Pole                        122
#8881
8927 Barco Ln                                               2,442
Across Street from 7243 Shindler Dr                           92
7256 Falcon Trace Dr W                                      2,442
7771 Invermere Blvd                                          305
SE Corner Collins Rd / Settlers                              407
Landing Trail S
7745 Cloverleaf St                                            51


_________________________

1 47 C.F.R.  76.605(a)(12) and 76.611(a)(1).

2 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.  The calculated CLI 
included only leaks greater than 50 V/m.

3  See 47 C.F.R. 76.613(c). 

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.