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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Charter Communications ) File No. EB-05-DT-
574
Cable TV System Operator )
Community Unit Number MI0127 )
Newberry, Michigan ) NOV No.
V20063236010
)
)
NOTICE OF VIOLATION
Released: November
3, 2005
By the 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 (``the
Rules''),1 to Charter Communications, operator of Cable TV
System MI0127 (PSID 001527) serving Newberry, Michigan.
2. On August 30, 2005, an agent from the Commission's
Detroit Office inspected the cable system located in
Newberry, Michigan and observed the following violation:
Section 76.605(a) (12) of the Rules requires that
cable operators maintain their cable system signal
leakage below 20 microvolts per meter (µV/m)
measured at 3 meters when operating in the frequency
band between 54 MHz and 216 MHz. See 47 C.F.R. §
76.605(a)(12). The agent measured signal leakage in
excess of 20 µV/m at the following location:
Date Fre- Signal Location
quency Level
(MHz) (µV/m)
8/30/- 121.2- 171 Park A Way Motel, near rooms 25/26,
2005 625 1511 Newberry Avenue, Newberry,
Michigan
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, Michigan 48335
4. This Notice shall be sent to Charter Communications at
its 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 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.