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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
5.
Certified Mail # 7002 2410 0001 2194 8117
Return Receipt Requested
In the Matter of )
)
Charter Communications ) File No. EB-05-PO-
175
)
Physical System ID # 005343 ) NOV No. V20063292002
Lincoln City, Oregon )
)
6. NOTICE OF VIOLATION
Released: November
2, 2005
By the Resident Agent, Portland Resident Agent Office,
Enforcement Bureau:
This is a Notice of Violation ("Notice") issued pursuant to
Section 1.89 of the Commission's Rules,1 to Charter
Communications (Charter), operator of the cable system in Lincoln
City, Oregon.
On September 7, 2005, an agent of the Commission's Portland
Office inspected Charter's cable television system located at
Lincoln City, Oregon, and observed the following violation:
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 up to
and including 216 MHz - 20 micro-volts per meter,
measured at 3 meters." At the time of the
inspection, the agent observed signal leakage on
the frequency of 133.2625 MHz at the following
locations:
1) At pole number PPL0711PP on the east side of
U.S. Hwy 101, across the road from SW 38th Street,
and the Ester Lee Motel, Lincoln City, Oregon.
340 ?V/m
2) At pole number PPL08-11, 107600, PacifiCorp
08-11 CAB, on west side of bridge on U.S. Hwy 101
where there are two cable amplifier boxes located.
340 ?V/m
3) At pole south of Big Mountain Coffee Company
on west side of U.S. Hwy 101, Depoe Bay, Oregon.
306 ?V/m
Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
Charter 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 Charter. 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 Resident Agent Office
P.O. Box 61469
Vancouver, Washington 98666-1469
This Notice shall be sent by Certified Mail/Return Receipt
Requested and regular mail to Charter Communications, at its
address of record.
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 Lafontaine
Resident Agent
Portland Resident Agent Office
Western Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
247 U.S.C. § 308(b).
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.