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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 (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 484
µV/m to 1125 µV/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 µV/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, µV/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 µV/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.