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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 (µV/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
µV/m to 887 µV/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 µV/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, µV/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 µV/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.