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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Charter Communications ) File No. EB-05-HU-
006
Operator of Cable Television System )
Palacios, Texas ) NOV No.
V20053254003
NOTICE OF VIOLATION
Released: January
24, 2005
By the Resident Agent, Houston Office, South Central Region,
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 Palacios, Texas.
2. On January 21, 2005, an agent of the Commission's
Houston Office inspected the cable television system in
Palacios, Texas, and observed the following violation:
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 carried 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:
71 µV/m Off East Bayshore Drive,
first street to the
right after crossing
canal.
67 µV/m 1611 East Bayshore Drive
1692 µV/m 2006 Peterson
173 µV/m Across from 505 First
Street
67 µV/m Across from 304 Dunson
78 µV/m 400 Ritchie Avenue at
Fourth Street
198 µV/m Corner of W. Craymer and
Fourth Streets
868 µV/m Pole in back of 114½ W.
Craymer
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
Houston Office
9597 Jones Road, #362
Houston, Texas 77065
4. This Notice shall be sent to Charter Communications,
1302 Wisteria Street, Wharton, Texas, 77488.
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
Stephen P. Lee
Resident Agent
Houston 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.