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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Charter Communications Properties LLC ) File No. EB-06-SF-090
)
Physical System ID # 003007 )
Ripon, California ) NOV No. V20063296003
)
NOTICE OF VIOLATION
Released: June 30, 2006
By the District Director, San Francisco Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Charter Communications Properties
LLC ("Charter"), operator of a cable system in Turlock, California.
2. On May 23, 2006, and May 24, 2006, an agent of the Enforcement
Bureau's San Francisco Office inspected Charter's cable television
system located at Turlock, California, and observed the following
violations:
a. 47 C.F.R. S 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 127.2625 MHz at the following
locations:
1) Central Ave. and Service Road, Ceres, CA 81 uV/m
2) Driveway between 4619 and 4648 Central Ave, Ceres, CA 1359 uV/m
3) 1909 California Ave, Turlock, CA 93 uV/m
4) Alley between Edward Dr. and El Paseo Dr. 57 uV/m
at E. Canal Dr., Turlock, CA
5) Alley behind 125 Third, Ripon, CA 165 uV/m
6) Alley behind apartments, 202 West Main, Ripon, CA 185 uV/m
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Charter Communications
Properties LLC, 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 Charter Communications Properties LLC. 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
San Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94558-8543
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Charter Communications Properties LLC at
its address of record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Thomas N. Van Stavern
District Director
San Francisco District Office
Western Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 403.
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission