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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
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: March 24, 2003
By the Enforcement Bureau, Tampa Office:
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.
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 (``µV/m'') to 2,442 µV/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.
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 µV/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
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
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
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
Tampa Field Office, Enforcement
Attachments ATTACHMENT B
System Location: Jacksonville, FL System PSID: Frequency: 121.2625
Inspection Date(s): 8/7/2002 &
Measurement Location Signal Leakage Field
(µV/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
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 µV/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
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.