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

In the Matter of                 )
                                )
Comcast Cablevision of           )       File Number EB-02-AT-152
Nashville II LLC                 )     NAL/Acct. No. 200232480003
1500 Market St. - 35th FL        )             FRN  0004-5159-61
Philadelphia, PA 19102           )
                                )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                          Released:  May 30, 2002

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find that Comcast Cablevision  of Nashville II LLC  (``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  find  Comcast  Cablevision  of  Nashville  II  LLC 
apparently liable  for  a  forfeiture  in  the  amount  of  eight 
thousand dollars ($8,000).

                         II.  BACKGROUND

     2.  On April  17, 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 Woodbury, 
Tennessee.  The  agent found  that,  at twelve  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  484 
V/m to  1125  V/m.   Based on  these  measurements,  the  agent 
calculated the system's cumulative  leakage index (``CLI'') at  a 
value of 69.3,  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 April 17, 2002, Comcast exceeded this limit at twelve 
locations  on  its  system   in  Woodbury,  Tennessee.    Section 
76.611(a)(1) of the Rules requires  cable operators to limit  the 
CLI to a  value at  or below 64.   On April  17, 2002,  Comcast's 
cable system in Woodbury, Tennessee operated with a CLI value  of 
69.3.

     4.  Based on the evidence before  us, we find that on  April 
17, 2002, Comcast Cablevision of Nashville II LLC 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  Nashville  II  LLC  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 Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY,  Comcast Cablevision of  Nashville II  LLC 
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 Nashville  II LLC  at  1500 
Market St. - 35th FL, Philadelphia, PA 19102. An additional  copy 
of this Notice shall be sent to Comcast Cablevision of  Nashville 
II LLC at 340 New Salem Road, Murfreesboro, TN 37129.



                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              Fred L. Broce
                              District Director
                              Atlanta Office, Enforcement Bureau















Comcast Cablevision of Nashville II LLC                     NAL 
Acct. No. 200232480003

ATTACHMENT A



FIELD STRENGTH MEASUREMENTS OF COMCAST CABLEVISION, WOODBURY, TN

MEASUREMENT DATE:  APRIL 17, 2002       FREQUENCY:  121.2625 MHZ



   Measurement Location                    Leakage Field 
                                           Strength, V/m
1  West Main St., pole in front of Yellow  1125
   Jacket Family Clothing
2  North Tatum St. at West Water St.       646
3  East Colonial St. at South McCrary St.  806
4  South Water St. at Union Planters Bank  484
5  805 Doolittle Rd.                       1125
6  West Laurel St. at South Lynn St.       484
7  316 Greenbrier St.                      965
8  South McCrary St. at West Greenbrier    646
   St.
9  123 South Mason St.                     965
10 Hills Creek Rd. at Old McMinnville      1125
11 2nd pole going up Hill Top Ln.          646
12 521-525 McFerrin St.                    806




_________________________

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 16 miles or 23% of the system 
inspected, and assumed no leaks in the 77% 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.