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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Comcast Cablevision of Garden State, L.P. ) File No. EB-
04-PA-042
)
Pennsauken, New Jersey ) NOV No. V20043240012
)
NOTICE OF VIOLATION
Released: March 19,
2004
By the District Director, Philadelphia Office, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Comcast Cablevision of Garden State, L.P. (``Comcast''),
operator of the cable system serving Pennsauken, New Jersey
and Camden, New Jersey.
2. On March 3, 2004, an agent of the Commission's
Philadelphia Office inspected Comcast's cable system in
Pennsauken, New Jersey and Camden, New Jersey 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.
On March 3, 2004, the FCC agent observed the following
signal leakage on the frequency of 127.2625 MHz:
2.a.i.1. Pole at 2015
Pierce Avenue, Pennsauken, New Jersey 237.7 µV/m
2.a.i.2. Pole at 108
North 23rd Street, Pennsauken, New Jersey
308.3 µV/m
2.a.i.3. Pole at 130
North 24th Street, Pennsauken, New Jersey
587.3 µV/m
2.a.i.4. Pole at 450
Rand Street, Pennsauken, New Jersey 488.0 µV/m
2.a.i.5. Pole at 150
Marlton Pike, Pennsauken, New Jersey 231.1 µV/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, Comcast Cable 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 actions taken to
correct each violation and preclude recurrence, and should
include a time line for completion of pending corrective
actions. 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Comcast Cable, Attn: Mike
Taylor, Vice President of Area Technical Operations, 401
White Horse Road, Suite 2, Voorhees, New Jersey 08043.
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
John E. Rahtes
District Director
Philadelphia 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.