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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Bright House Networks ) File No. EB-04-TP-
042
2251 Lucien Way )
Maitland, Florida 32751 ) NOV No.
V20043270002
)
Attention: John Walsh )
NOTICE OF VIOLATION
Released: February
19, 2004
By the District Director, Tampa Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Bright House Networks, operator of the cable system serving
Daytona Beach, Florida.
2. On January 29 and January 30, 2004, agents of the
Commission's Tampa Office inspected a cable system in
Daytona Beach, Florida and observed the following
violations:
2.a. 47 C.F.R. § 76.605 (a)(12): As an exception to
the general provisions 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 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 216MHz
- 20 micro-volts per meter measured at 3
meters.
At the time of inspection signal leakage was
observed on the frequency of 121.2625 MHz as
follows:
1. Sun & Surf Motel, 726 N. Atlantic Avenue
728 µV/m
2. Turtle Inn, 3233 S. Atlantic Avenue
290 µ V/m
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Bright House Networks, 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
Tampa Office
2203 N. Lois Avenue, Suite 1215
Tampa, Florida 33607
4. This Notice shall be sent to Bright House Networks,
2251 Lucien Way, Maitland, Florida, 32751.
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
Ralph M. Barlow
District Director
Tampa 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.