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                             200632700004Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                             )                              
                                                            
                             )                              
                                                            
     In the Matter of        )                EB-05-TP-431  
                                                            
     Cox Communications      )   NAL/Acct. No.200632700004  
                                                            
     Fort Walton Beach, FL   )             FRN: 0004382768  
                                                            
                             )                              
                                                            
                             )                              


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                      Released: June 27, 2006

   By the District Director, Tampa Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Cox Communications ("Cox") in Fort Walton Beach, FL, apparently
       willfully and repeatedly violated Section 76.605(a)(12) of the
       Commission's Rules ("Rules") and willfully violated Section 76.611(a)
       of the Rules by failing to comply with the Commission's cable signal
       leakage standards. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Cox is apparently
       liable for a forfeiture in the amount of eight thousand dollars
       ($8,000).

   II. BACKGROUND

    2. On November 30, 2005, agents from the FCC's Enforcement Bureau, Tampa
       Office inspected a portion of the Cox cable system serving Destin,
       Florida to identify leaks and determine compliance with the basic
       signal leakage criteria. The agents identified and measured four leaks
       on the frequency 121.2625 MHz, ranging in signal strength from 646.5
       microvolts per meter ("uV/m") to 2,275.8 uV/m. Based on these
       measurements, the agents calculated the system's Cumulative Leakage
       Index ("CLI")  at a value of 69.5, exceeding the allowable cumulative
       signal leakage performance criteria of 64. (See Attachment A.)

   III. DISCUSSION

    3. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    4. On November 30, 2005, agents from the FCC's Enforcement Bureau, Tampa
       Office inspected the cable system operated by Cox in Destin, Florida.
       On that date, the agents determined that, at 4 locations, cable signal
       leakage on 121.2625 MHz exceeded 20 .V/m at a distance of at least
       three meters from each leak, in violation of Section 76.605(a)(12) of
       the Rules. On the same date, the agents also found that the system did
       not conform to the cumulative signal leakage performance criteria, in
       violation of Section 76.611(a) of the Rules.

    5. Based on the evidence before us, we find that Cox apparently willfully
       and repeatedly violated Section 76.605(a)(12) of the Rules by failing
       to limit signal leakage from its cable television system to the
       specified amount.  We also find that Cox willfully violated Section
       76.611(a) of the Rules by exceeding the allowed cumulative signal
       leakage performance criteria on its cable television system.

    6. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for violating rules relating to distress and
       safety frequencies is $8,000. In assessing the monetary forfeiture
       amount, we must also take into account the statutory factors set forth
       in Section 503(b)(2)(D) of the Act, which include the nature,
       circumstances, extent, and gravity of the violations, and with respect
       to the violator, the degree of culpability, and history of prior
       offenses, ability to pay, and other such matters as justice may
       require. Applying the Forfeiture Policy Statement, Section 1.80, and
       the statutory factors to the instant case, we conclude that Cox  is
       apparently liable for a  $8,000 forfeiture.

   IV. ORDERING CLAUSES

    7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Cox Communications is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       eight  thousand dollars ($8,000) for violations of Sections
       76.605(a)(12) and 76.611 of the Rules.

    8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Cox Communications SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

    9. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.
       Payment by overnight mail may be sent to Mellon Bank/LB 358340, 500
       Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire
       transfer may be made to ABA Number 043000261, receiving bank Mellon
       Bank and account number 911-6106.

   10. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Tampa Office,
       2203 N. Lois Ave., Suite 1215, Tampa, FL, 33607 and must include the
       NAL/Acct. No. referenced in the caption.

   11. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   12. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Cox Communications  at its address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph M. Barlow

   District Director,

   Tampa  Office

   South Central Region

   Enforcement Bureau

   Cox Communications, Fort Walton Beach, Florida NAL Acct. No. 200632700004

                                  ATTACHMENT A

               FIELD STRENGTH MEASUREMENTS OF COX COMMUNICATIONS

                             FORT WALTON BEACH, FL

                      MEASUREMENT DATE: NOVEMBER 30, 2005

                            FREQUENCY: 121.2625 MHZ


                   Measurement Location             Leakage Field Strength,  
                                                             uV/m            

     1    Pole in front of "Joe's Crab Shack" at             770.1           
                       14055 US 98                                           

     2    Pole between "Club Destin Resort" and             1,645.2          
               "Palace Store" at 1079 US 98                                  

     3     Pole in front of 1234 Gulf Place at              2,275.8          
                       Airport Road                                          

     4   Pole in front of "Destin Beach Club" at             646.5           
                        1150 US 98                                           


   47 C.F.R. SS 76.605(a)(12), 76.611(a).

   47 U.S.C. S 503(b).

   A maximum CLI of 64 is the basic signal leakage performance criteria of
   Section 76.611(a)(1) of the rules. Leakage that exceeds this level is
   deemed to pose a serious threat to air safety communications

   Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'repeated', when used with reference to the
   commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

   47 U.S.C. S 503(b)(2)(D).

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 76.605(a)(12)
   and 76.611.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission