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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Charter Communications ) File No. EB-05-DT-
426
Cable TV System Operator )
Community Unit MI1944 ) NOV No.
V20063236006
Torch Lake, MI )
)
)
NOTICE OF VIOLATION
Released: November 3, 2005
By the District Director, Detroit Office, Northeast 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 Cable TV System MI1944
(PSID 005490) serving Torch Lake, Michigan.
2. On August 24, 2005, an agent of the Commission's
Detroit Office inspected the cable TV system in Torch Lake,
Michigan, and observed the following violation:
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 up to and including
216 MHz...20 micro-volt/meter measured at 3
meters...'' The agent measured signal leakage on
121.2625 MHz in excess of the limits as follows:
(signal level: µv/m) Location
307 Second Pole in from US Route 31
on Leech Lane.
3. Pursuant to Section 403 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 twenty (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 Charter
Communications. 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
Detroit Office
24897 Hathaway Street
Farmington Hills, MI 48335-1552
4. This Notice shall be sent to Charter Communications at
the address of record.
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 A. Bridgewater
District Director
Detroit Office
Northeast Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
247 U.S.C. § 403.
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.