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 )
)
Northland Cable Properties VII, ) File
LP ) Number EB-03-AT-061
Operator of Cable System in ) NAL/Ac-
Sandersville/ ) ct. No. 200332480026
Tennille, Georgia ) FRN:
Seattle, Washington 0004-5222-98
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 10, 2003
By the Enforcement Bureau, Atlanta Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for
Forfeiture, we find that Northland Cable Properties VII, LP
(``Northland'') 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 Northland Cable Properties VII, LP is apparently liable
for a forfeiture in the amount of eight thousand dollars
($8,000).
II. BACKGROUND
2. On March 5, 2003, an agent from the FCC Enforcement
Bureau's Atlanta Field Office conducted a cable television
signal leakage inspection of Northland's cable system
located in Sandersville and Tennille, Georgia. The agent
found that, at thirty-eight 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
84 µV/m to 931 µV/m. Based on these measurements, the agent
calculated the system's cumulative leakage index (``CLI'')
at a value of 68.9, 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.)
3. On May 8, 2003, the agent interviewed Northland's
Vice-President of Technical Services who stated that the
company's subsequent inspection of the system found numerous
leaks exceeding the Commission's radiation limits and that
the Sandersville cable system was an old system.
III. DISCUSSION
4. 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 March 5, 2003, Northland exceeded this
limit at thirty-eight locations on its system in
Sandersville and Tennille, Georgia. Section 76.611(a)(1) of
the Rules requires cable operators to limit the CLI to a
value at or below 64. On March 5, 2003, Northland's cable
system in Sandersville and Tennille, Georgia operated with a
CLI value of 68.9.
5. Based on the evidence before us, we find that on
March 5, 2003, Northland Cable Properties VII, LP willfully4
and repeatedly5 violated Section 76.605(a)(12) of the Rules,
and willfully violated Section 76.611(a)(1) of the Rules.
6. 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
7. 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 Northland Cable Properties VII, LP 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.
8. 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, Northland
Cable Properties VII, LP SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed
forfeiture.
9. 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.
10. 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.
11. 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.
12. 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
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 B 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 B, please contact
OCBO at (202) 418-0990.
14. IT IS FURTHER ORDERED THAT a copy of this NOTICE
OF APPARENT LIABILITY shall be sent by regular mail and
Certified Mail Return Receipt Requested to Northland Cable
Properties VII, LP, 1201 Third Avenue #3600, Seattle, WA
98101.
FEDERAL COMMUNICATIONS
COMMISSION
Fred L. Broce
District Director
Atlanta Office, Enforcement
Bureau
Northland Cable Properties VII, LP NAL
Acct. No. 20033248XXXX
ATTACHMENT A
FIELD STRENGTH MEASUREMENTS OF NORTHLAND CABLE PROPERTIES,
SANDERSVILLE/TENNILLE, GA
MEASUREMENT DATE: MARCH 5, 2003
FREQUENCY: 121.2625 MHZ
Measurement Location Leakage Field
Strength, µV/m
1 218 Richmond St. 672
2 633 Evergreen Dr. 286
3 Richmond St. @ Kinny St. 710
4 518 Kinny St. 260
5 508 Floyd St. 188
6 603 Floyd St. 152
7 608 Temple Dr. 242
8 307 Evans St. 351
9 Evans St. @ Carver St. 170
10 Carver St. @ Lovett St. 132
11 318 Carver St. 84
12 Spring St. @ Green St. 209
13 Spring St. @ Floyd St. 185
14 311 South Smith St. 138
15 219 E. Church St. 392
16 225 E. Church St. 383
17 333 Hines St. 672
18 Across street from 215 Cypress St. 931
19 219 N. Smith St. 180
20 N. Smith St. @ old Coca Cola Plant 357
21 703 Sun Hill Rd. 792
22 215 E. Church St. 282
23 Richmond St. @ E. Church St. 373
24 Jernigan St. @ Fire Station 696
25 Warthen St. @ Ridgeland Dr. 527
26 440 Orchard Ln. 259
27 212 Cook St. 866
28 228 Cook St 910
29 513 Ridgeland Dr. 235
30 130 Daniel St. 323
31 529 MLK Dr. 331
32 540 MLK Dr. 373
33 109 Chandler St., Tennille, GA 527
34 540 Carver St., Tennille, GA 179
35 Carver St. @ Lincoln Dr., Tennille, 303
GA
36 Smith St. @ Booker T. Washington St., 292
Tennille, GA
37 114 Adams St., Tennille, GA 600
38 Mathews Rd. @ Chandler St., Tennille, 552
GA
_________________________
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 15 miles or 27% of the
system inspected, and assumed no leaks in the 73% 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.