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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Charter Communications ) File No. EB-04-PO-
047
Physical ID# 002924 )
Astoria, Oregon ) NOV No. V20043292006
NOTICE OF VIOLATION
Released: April 27,
2004
By the Resident Agent, Portland 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 the cable television
system serving Astoria, Oregon.
2. On April 8, 2004, an agent of the Commission's Portland
Office inspected Charter Communications' cable television
system in Astoria, Oregon and observed the following
violation:
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 April 8, 2004, the FCC agent observed the following
signal leakage on the frequency of 121.2625 MHz:
2.a.i.1. Near 1350
Exchange Street, Astoria, OR 108 µV/m
2.a.i.2. Pole 088010
near Irving Avenue and 20th Street, Astoria, OR
120 µV/m
2.a.i.3. Near Irving
Avenue and 14th Street, Astoria, OR 90 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, 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
taken to correct each violation and preclude recurrence, and
should include a time line for completion of pending
corrective action. 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
Portland Office
P.O. Box 61469
Vancouver, Washington 98666-1469
4. This Notice shall be sent to Charter Communications,
1241 Duane, Astoria, Oregon 97103.
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
Binh Nguyen
Resident Agent
Portland 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.