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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Charter Communications ) File No. EB-04-OR-
015
Operator of Cable Television System )
Bogalusa, Louisiana ) NOV No.
V20043262015
NOTICE OF VIOLATION
Released: February
2, 2004
By the District Director, New Orleans Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Charter Communications operator of a cable television system
in Bogalusa, Louisiana.
2. On January 27, 2004, agents of the Commission's New
Orleans Office inspected the cable television system in
Bogalusa, Louisiana, and observed the following
violation(s):
2.a. 47 C.F.R. § 76.605(a)(12): As an exception to
the general provision requiring measurements to
be made at subscriber terminals, and without
regard to the type of signals carriers by the
cable television system, signal leakage from a
cable television system shall be measured in
accordance with the procedures outlined in
§76.609(h) and shall be limited as follows:
Over 54 MHz, and less than and including 216
MHz - 20 micro-volts per meter measured at 3
meters.
At the time of inspection signal leakage was
observed on the frequency of 133.2625 MHz as
follows:
141 Alleyway behind 509
µV/m Caswell Street
282 1208 Davis Street
µV/m
229 Corner East 4th Second
µV/m Avenue
229 Corner of Austin and
µV/m Ontario Streets, pole
near Dominos Pizza
2.b. 47 C.F.R. § 76.1700(b): The public inspection
file shall be maintained at the office which
the systems maintains for the ordinary
collection of subscriber charges, resolution of
subscriber complaints, and other business or at
any other accessible place in the community
served by the system unit. The public
inspection file shall be available for public
inspection at any time during regular business
hours.
At the time of inspection, the public
inspection file was not available for
inspection in the Charter Communications office
located in Bogalusa, Louisiana.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Charter Communications must submit a written
statement concerning this matter within 20 days of release
of this Notice. The response must fully explain each
violation, must contain a statement of the specific
action(s) taken to correct each violation and preclude
recurrence, and should include a time line for completion of
pending corrective action(s). The response must be complete
in itself and signed by a principal or officer of the
licensee with personal knowledge of the matter. All replies
and documentation sent in response to this Notice should be
marked with the File No. and NOV No. specified above, and
mailed to the following address:
Federal Communications Commission
New Orleans Office
Room 460
2424 Edenborn Avenue
Metairie, Louisiana 70001
4. This Notice shall be sent to Charter Communications,
60097 Highway 11, Slidell, Louisiana, 70458.
5. The Privacy Act of 19743 requires that we advise you
that the Commission will use all relevant material
information before it, including any information disclosed
in your reply, to determine what, if any, enforcement action
is required to ensure compliance. Any false statement made
knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the
U.S. Code.4
FEDERAL COMMUNICATIONS
COMMISSION
James C. Hawkins
District Director
New Orleans Office
_________________________
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.